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Terms of Service

The NurseDeck team wants to keep a simple and straightforward approach to all aspects of our service. Of course, some legal language is required to protect you, NurseDeck, Inc. and the companies that will be working with You. The unshaded portions below include language needed to protect all of us. The shaded portion includes simplified - straightforward explanations that holds no legality. You should read, fully understand and agree to our Terms of Service before using NurseDeck.

Introduction

Reading this page is important. We want You to be clear and fully understand the Terms of Service listed within. This applies to any service provided by NurseDeck. “NurseDeck”, applies to NurseDeck Inc, the NurseDeck app, website and any affiliated services or business. If You do not meet or follow the terms, You are unable to use the NurseDeck services.
Last update: January 25, 2016.
You must agree with the Terms or and follow the rules. If You don’t, then You can not use NurseDeck.

Binding Agreement

These terms act as an Agreement between You and NurseDeck. If You choose to use the NurseDeck services than You agree to the terms, and NurseDeck will abide to the same terms. These terms are subject to change.
NurseDeck agrees to these Terms too!

Definitions

The following definitions apply to this Agreement:
  • Clients (also considered a User) - Company seeking to fill employment openings using NurseDeck services.
  • Endorsers (also considered a User) - Individual invited to endorse a job Applicant for a potential position.
  • Applicant (also considered a User) - Individual job Applicants using NurseDeck services to seek employment.
  • Agreement - The entire text, regulations, guidelines and rules outlined in this Terms of Service Agreement
  • You (also considered a User) - The person agreeing with these Terms of Service
  • User - Any and all entities who are actively or previously accessing any aspect of the NurseDeck website, application or services.
The NurseDeck Terms of Service dictionary

Acceptable Use of Services

NurseDeck is responsible for defining Acceptable Use of Services. No other entity may hold this right. A Limited Access License for use of, and or any involvement with, NurseDeck is granted to Users who are 18 years of age and older unless under the supervision of a legal, responsible adult according to the law of Your jurisdiction. This license grants a limited access, which may be terminated, based on the guidelines defined in these Terms. You agree to use services as defined and lawful. Users are fully responsible for any information or content they provide or upload and associated repercussion. Users will only provide content that is legal, and in no violation of copyright and or proprietary rights. NurseDeck has the right to terminate or suspend services provided to any user at any time, without reason.
We created this site for the reasons listed. Use the site for how it was intended - aka no funny business.

Rules Regarding Posting Content and Security

Users must follow all rules and guidelines for use of NurseDeck services. The following reules display a general guideline containing an abridged version. Users understand that any violation of service or network security may result in civil or criminal liability. User may only post relevant tags or keywords pertaining to the position or Applicant associated with their post. Users may not post abusive, discriminatory, impersonating, sexual, nude or partially nude, unlawful, hateful, illegal, violent threats, misleading, malicious, defamatory or socially unacceptable content. Users may not post advertisements unless directly related and approved as appropriate content related to the hiring process whether as a Client seeking a potential candidate or a candidate seeking a potential Client. Users may not solicit or advertise for any business unless provided written consent by NurseDeck. Users may not post job openings that require financial contribution from the candidate. Users may not partake in any form of impersonation, including but not limited to providing inaccurate or false information. Users must post accurate and detailed information pertaining to the qualifications of the candidate or requirements of the job. Users may not communicate for the intention of soliciting business. User accounts must be password protected and accessed by one individual person for its duration. It may not be shared or transferred to any other User or entity. Users are responsible for protecting all confidential account information including but not limited to account passwords. Protection includes but is not limited to malware and or spyware inspection and prevention. If suspicion of compromise is suspected, User agrees to inform NurseDeck of such breach immediately. User will not attempt to hack, disassemble or reverse engineer, interfere with, probe, test for vulnerabilities, breach, disrupt performance or disrupt integrity or any aspect of NurseDeck. Users agree to inform NurseDeck of any suspected violation of these guidelines.
There are rules in place to ensure we provide the best service possible. Follow these rules when posting content to maintain authenticity and security for our community.

Allocation of Responsibility

Users are responsible for their activities and use of the service provided. NurseDeck may monitor and filter these activities at any time with no obligation to the Users or services offered.
We would love to see everything and be everywhere, but that's just crazy. In those cases, we are not responsible.

No Endorsements by NurseDeck

Content and services created by Users or third party providers are not to be considered endorsed by NurseDeck. Users’ Links to third party sites are not maintained nor represented by NurseDeck. Accessing third party sites through NurseDeck must be done at Your own risk.
Just because it's there, doesn't mean we agree with it.

Right to Representation

NurseDeck candidates must pass an authorization gateway allowing NurseDeck to be their exclusive representative for any position prior to application submission. Users are not able to apply without this authorization Agreement.
NurseDeck is your representative.

Payment Terms

Invoices are generated to Clients and Staffing Company users upon job start date and payable Net 45. For any reason a selected candidate does not remain employed (quits or is terminated) beyond 45 days, NurseDeck will replace the candidate with an appropriate candidate at no additional cost. If candidate has remained employed by day 45, the invoice is due on that date. No other payment is due for that candidate within the initial 45 days of employment. Disputes are handled solely by NurseDeck. Users associated with payment disputes agree to pay reasonable and customary legal costs of NurseDeck if NurseDeck prevails in any legal action against User for non payment or any other legal action against User. Payment amounts due are approximate calculations based on job descriptions, range offered, negotiated amounts based on final amount and additional factors. In the event that a Client does not pay NurseDeck, according to the agreed terms, all other Users to whom payment is due from NurseDeck, agree to forfeit said payment. If such payment is secured from client after legal action against client, NurseDeck agrees to pay all Users associated with this payment the monies due to them within 10 days of receipt of dues from client. NurseDeck will not terminate a User with intent of payment prevention. User agrees to payment terms within NurseDeck service Agreement.
Payments to NurseDeck should be made on time. Payments amounts to Users from NurseDeck are estimated amounts.

Indemnity

Where permitted by law, You agree to indemnify, hold harmless and defend NurseDeck, its directors, officers, employees, agents, successors and affiliates against any and all claims, losses, damages, demands, costs including but not limited to reasonable customary legal costs and accounting fees as a direct or indirect result of violation of the terms, information or User content provided, and participation of NurseDeck services.
We are not legally or financially responsible if something goes wrong.

Warranty Disclaimers

You agree that the website, application and all NurseDeck associated services are provided “as available” and “as is”. NurseDeck does not make any promises, commitments or guarantees of its service nor its ability to meet Your expectations, requirements, accuracy, satisfaction, effectiveness of service, timeliness, or performance. No guarantees are made toward job fulfillment, employment, endorsement or personal success of User. NurseDeck does not guarantee to be free of viruses, harmful codes or other damaging components nor will NurseDeck replace or pay for damages associated with the same. No guarantee shall be made toward any content including but not limited to typographical errors or broken links. NurseDeck allows for no warranty to the extent permitted by law.
Nothing is guaranteed. NurseDeck is what it is. We will be improving constantly, but we do not guarantee the functionality, operation, or accuracies.

Damage Limitations, Allocations of Liability and Equitable Relief

You are responsible for using any NurseDeck services. NurseDeck (and its directors, officers, employees, agents, successors, associated entities and third parties) will not be responsible for any loss of revenue, financial loss, loss of profit, or indirect, special, consequential, exemplary, or punitive damages caused by the use of NurseDeck services or lack of NurseDeck services. To the extent permitted by law, the maximum liability of NurseDeck (and its directors, officers, employees, agents, successors, associated entities and third parties), for any claims under these terms, including for any implied warranties is limited to the total amount paid by You for access to NurseDeck services.
We are not responsible for Your decision and any associated losses - please use NurseDeck, and any other service at Your own risk.

Intellectual Property and Copyright Complaints

All aspects of NurseDeck are property of NurseDeck, except where limited licenses are defined. You may not sell, reproduce, modify or distribute any NurseDeck content. You may not reprocess or use the graphics, layout, html or design. Content uploaded by Users can be used at the discretion of NurseDeck to assist in providing optimal service. User grants NurseDeck royalty-free rights on any and all content provided including but not limited to suggestions, comments, creative works, and ideas. NurseDeck will respond to all copyright or property infringement complaints and in accordance with the Digital Millennium Copyright Act (DMCA), remove such content quickly. Complaints may be submitted in accordance with DMCA policies. Any User that creates false allegation may be subject to damages including legal costs and attorney fees.
We respect each other's property.

User Information and Privacy

Some aspects of NurseDeck services require collection of User information through registration. NurseDeck maintains sole ownership of the registered account. Information obtained during registration and use of service is protected by the Privacy Policy. NurseDeck holds the right to comply with laws pertaining to disclosure of relevant User information when requested by government or law enforcement agencies.
We will never sell Your information to anyone. We will only use Your information as agreed and lawful.

Use of Aggregate Data

NurseDeck may extract, combine and summarize any data submitted or provided to NurseDeck. You agree to grant NurseDeck ownership of this data. This data will be in anonymous form to analyze and improve our services while protecting Your identity. This applies to all information provided to NurseDeck by its Users and all areas of NurseDeck.
We want to use data to provide the best service possible. Your information is always safe with us.

Communication

NurseDeck may communicate with Users regarding several aspects of services offered. NurseDeck communication with Users may be turned off in many areas, but not in all. You acknowledge that same communication may not be turned off in some areas, such as but not limited to payment notifications, communication with User while they are a candidate for any open position, and other times.
We won't bother you unless you really like us.

General

NurseDeck services and this Agreement shall be governed by and construed in accordance with the laws of the State of New York. All disputes relating to this Agreement shall be brought solely in the state or federal courts located in New York City, New York. NurseDeck services accessed outside of the United States must be done at Your own risk and You are responsible for following laws in Your jurisdiction. All terms of this Agreement in their entirety shall survive termination and may not be transferred at anytime. Upon Termination, You must discontinue any and all use of NurseDeck.
We really like California, but our hometown is New York. The laws regulating this Agreement are in the jurisdiction of our hometown.

Amendments to this Agreement and Changes to Sites

This page and NurseDeck services may be modified by NurseDeck at anytime. If using any NurseDeck services, You are subject to the changes of these terms on the date of these changes. Failure to agree to the current terms will be considered a termination of Your privilege to use all NurseDeck services.
Times are changing. If You use our services today, You agree to terms for today. If You use it tomorrow, You agree to the terms for tomorrow... and so on.