Terms and Services | Nurse Connect

Nurse Connect Terms of Service

Last Updated: December 1, 2025

Nurse Connect, Inc. (“Nurse Connect,” “we,” “our,” or “us”) and you agree that the terms of service (the “Terms of Service,” or “Agreement”) set forth herein govern your use and access to our platform, services, and website (http://www.nurseconnectnow.com), including any mobile or social media platforms and the content thereof (collectively, the “Site”), as well as the products and services made available to users through the Site (collectively, the “Services”). These Terms of Service are in addition to terms and conditions set forth in the Client Agreement and Professional Agreement, to the extent applicable to a user.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING “AGREE,” CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS OF SERVICE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE; (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US; AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE PERSONALLY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES.

Certain features, products, or software that you use or download through the Services may be subject to additional terms and conditions presented to you at the time that you use or download them.

PLEASE NOTE THAT THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE BY NURSE CONNECT AT ITS SOLE DISCRETION AT ANY TIME AND WITHOUT PRIOR NOTICE TO YOU. When changes are made, we will make a new copy of these Terms of Service available on the Site. Any changes are effective upon posting to the Site. Unless otherwise indicated, any new Services are subject to these Terms of Service upon posting to the Site. Please check these Terms of Service periodically for changes. Your continued use of the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

User Accounts.

The Site generally has two types of users: “Professionals” and “Clients.” A Professional is a person using the Services to connect with potential Clients to schedule appointments (“Visits”) via the Services; a Client is a person visiting or using the Site to find a Professional. There are also individuals who merely visit the website (“Visitors”). Collectively, Professionals, Clients, and Visitors are referred to as “Users” or “you.” Users may be required to register and create an account to access certain features of the Services (the “User Account”). When you set up a User Account, you must provide us with information about yourself in the applicable registration form, including your name and contact information (collectively, “Account Credentials”). We reserve the right to reject your Account Credentials and deny you access to the Site at any time, for any reason, at our sole discretion. Note that parents may set up an account on behalf of their children, as may legal representatives of adults. By setting up an account on behalf of someone else, you represent and warrant that you have the authority to do so and that you are responsible for the Account Credentials you establish.
You will also be required to log in using your username and password. You represent and warrant that (i) all required registration information you submit is truthful and accurate and (ii) you will maintain the accuracy of such information. You are responsible for protecting your username and password and are responsible for all activity through your User Account, whether authorized by you or not. If someone accesses the Site using Account Credentials that we have issued to you, we will rely on those Account Credentials and will assume that it is really you or your representative who is accessing the Site. You are solely responsible for any and all use of your User Account and all activities that occur under or in connection with your Account Credentials. You should contact us immediately if you believe your Account Credentials are being used by someone else without your permission.
If you are a Client, you will also enter into a separate client services agreement with Nurse Connect that will provide additional terms regarding use of Nurse Connect’s services and relationship with any Professional.

The Services.

No Urgent/Emergency Use; No Patient/Provider Relationship. THE SITE AND SERVICES SHOULD NEVER BE USED FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS OR INSTANCES WHERE SOMEONE MAY BE IN DANGER OR REQUIRE IMMEDIATE ASSISTANCE. IF YOU ARE EXPERIENCING ANY KIND OF EMERGENCY, YOU SHOULD CALL 911 IMMEDIATELY. The content of the Site and the Services are for informational purposes only and for scheduling nonurgent Visits. Nurse Connect is not a medical professional, surgical provider, or other licensed clinical provider but makes available certain technology and administrative services to Professionals who use the Site to deliver their services. All information provided by Nurse Connect, or in connection with this Site and/or the Services, is intended for general informational purposes only and is in no way intended to create a nurse-patient or other similar provider-patient relationship as defined by applicable law; such a relationship may only be established between a Client and a Professional. Clients should always seek the advice of their chosen health care professionals regarding any questions or concerns they may have regarding their individual needs and any medical conditions, and they should always seek the advice of a nurse, physician, or other qualified health care provider concerning questions they have regarding a medical condition and before stopping, starting, or modifying any treatment or medication. Never disregard, avoid, or delay obtaining any professional clinical advice from a qualified health care professional because of information you receive through the Services.
No Representation Regarding Professional Services. Nurse Connect does not make any representations or warranties about the credentials, training or skill of any Professional who uses the Site or from whom a Client may select to receive services. Nurse Connect does not recommend or endorse any specific tests, health care professionals, medications, products, or procedures. Client acknowledges that Client’s reliance on any information or communications delivered or provided by a Professional through the Site or Services is solely at Client’s own risk. In addition, Client understands that a provider-patient relationship may not be established between the Client and any Professional through the use of the Services; but would be established only at a Visit, if any.
We Are Not and Professionals Who Provide Services Facilitated Through the Site May Not Be In-Network Providers With Insurance Plans. We are not a provider and are not in-network with any insurance plans. Professionals may also not be in-network with, and/or may not accept payment for Visits and other services from, any health or other insurance plans. As a result, a service a Client receives from a Professional might not be covered by any insurance policy.
Client/Professional Scheduling. A Professional has the absolute right and full discretion to accept or reject a request from a Client for a Visit, and shall only accept those Clients currently residing in states where the Professional is appropriately licensed to provide services, if a license is necessary.

User Data.

Ownership of User Data. You affirm, represent, and warrant that you own or have all necessary intellectual property rights (which include copyrights, trademarks, service marks, trade dress, publicity rights, database rights, patent rights, and other intellectual property rights or proprietary rights recognized by law), licenses, consents, and permissions to use and authorize Nurse Connect to use, retain, copy, and process your data (“User Data”) in connection with the Services and as contemplated by this Agreement. “User Data” means any information, data or images (i) that you upload, stream, or submit to or through the Services or (ii) generated or collected on your behalf from the Services or third parties, including, but not limited to, protected health information as defined by the Health Insurance Portability and Accountability Act (“HIPAA”). You further affirm, represent, and warrant that the User Data provided to Nurse Connect is complete and accurate, and is not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party.
Nurse Connect Rights to User Data. Although Nurse Connect has no obligation to screen, edit, or monitor User Data, except if required by law, we may delete, remove, or suspend the use of User Data at any time and for any reason. By accessing or using the Services, you consent to the processing, transfer, and storage of information about you in the United States.

License to User Data. By using the Services, including uploading, entering, or submitting User Data, you give Nurse Connect the following irrevocable rights (referred to individually and collectively as our “Service Data License”).

To use User Data for the purposes of providing you the Services and further developing, improving, maintaining, safeguarding and marketing Nurse Connect’s products and services (including the Services) (“Improvement and Marketing Purposes”) and for all other purposes set forth in our Privacy Policy. Our license to your User Data includes allowing us to use it to fix or enhance the Services, such as by copying, analyzing, and using any User Data as Nurse Connect may deem necessary or desirable for purposes of debugging, testing, or providing support or development services in connection with the Services and future improvements to the Services.
To de-identify your User Data and use de-identified data for free in perpetuity (which means even after you stop using or you or we terminate the Services). “De-identified Data” means data from which all individual identifiers have been removed, including data that is de-identified, as defined by HIPAA, and data that has been rendered completely anonymous as to the User.
To transfer the license:
1. To a third party to use the De-identified Data
2. To a third party to use User Data for Improvement and Marketing Purposes
To share and manipulate your User Data, including through distribution, preparation of derivative works, and display, including creating De-identified Data or for Improvement and Marketing Purposes.

We will exercise the foregoing rights and Service Data Licenses only in accordance with the Nurse Connect Privacy Policy[1] , meaning that when we use your User Data, we will do so only as set forth in our Privacy Policy.

You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Data that you may have under any applicable law under any legal theory, which means that you agree not to sue Nurse Connect claiming that we have no right to use User Data or your De-Identified Data.

User Data from Payment Processors. Notwithstanding anything to the contrary, or in any payment processing agreement between you and a payment processor (including Stripe), by using the Services, including uploading, entering, or submitting User Data into the Services, you also grant Nurse Connect a license, as described above, to obtain, copy, and use, at Nurse Connect’s request, without notice to you, De-identified Data received from payment processors, banks, card and ACH processors, and gateway providers.

User Data Restrictions. You may not post, upload, transmit, store, or share any User Data that:

Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national, or international law;
May infringe, misappropriate, or otherwise violate any patent, trademark, trade secret, copyright, or other intellectual property right or other proprietary right of any party, or that is otherwise protected by intellectual property rights or other proprietary rights (including trade secret or privacy rights), unless you are the owner of such rights or have permission from the rightful owner to upload or submit the User Data and to grant Nurse Connect the licenses granted above;
Contains any private or personal information of a third party without such third party’s consent;
Creates a false identity or duplicative accounts for the purpose of misleading others or impersonates any person or entity, or falsely states or otherwise misrepresents an affiliation with a person or entity; or
Contains any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “phishing,” or any other form of solicitation, commercial or otherwise.

Modification and Termination. You agree that we, in our sole discretion, may immediately suspend or terminate your access to the Site or any part of the Services at any time, for any reason, in our sole discretion. We also reserve the right, at any time, to modify the Services or to modify, suspend, or discontinue the Site, or any part thereof, with or without notice. You agree that we will not be liable to you or to any third party for any modification of the Services or modification, suspension, or discontinuance of your access to the Site.

Use of Platform and Ownership.

Consent to Electronic Communications and Telephone Calls. When you provide us with your email and/or phone number or communicate with us electronically via email, text message, or message via the Site (“Electronic Messaging”), you consent to receive communications from us electronically through the number(s) or email address(es) you provide, regarding, and without limitation, appointment scheduling and reminders, actions to take in advance of appointments, appointment follow-ups, billing, offers and promotions, eligibility for programs/benefits, and educational materials and opportunities. Therefore, you agree to promptly notify us if you change your contact information, by updating this information in your account settings. Message and data rates may apply. Consent is not a condition of any purchase or receipt of services. If you opt out of electronic communications, we may need to continue to send you certain communications electronically regarding the Services, such as copies of your receipts or appointment reminders. You will not be able to opt out of those communications.

You may opt out of marketing-related electronic communications through your account or by following the unsubscribe instructions in any communication you receive from us. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice as described above. Your withdrawal of consent will not affect the legal validity or enforceability of these Terms of Service provided to and accepted by you. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you.

You understand that the use of Electronic Messaging has a number of risks, including the following:

Electronic Messaging can be circulated, forwarded, broadcast to unintended recipients, and stored electronically and on paper.
Senders can easily misaddress Electronic Messaging and send the information to an undesired recipient.
Backup copies of Electronic Messaging may exist even after deletion.
Electronic Messaging may not be secure and can possibly be intercepted, altered, forwarded, or used without authorization or detection.
Electronic Messaging service providers may charge for calls or messages received.
Employers and online service providers may have a right to inspect Electronic Messaging sent through their company systems.

Understanding these risks, you consent to the use of Electronic Messaging, subject to the following conditions:

In a medical emergency, Electronic Messaging from you should NOT be used. Rather, you should call 911.
Electronic Messaging may be filed in your medical record.
Nurse Connect is not liable for breaches of confidentiality caused by you or any third party related to sending or receiving Electronic Messaging.

You acknowledge that telephone calls to or from Nurse Connect may be monitored and recorded, and you agree to such monitoring and recording.

Release. You also release Nurse Connect and its subsidiaries and affiliates, and as to each, any of their officers, directors, employees, contractors, agents, licensors, third-party service providers, subcontractors, suppliers, and investors (collectively, “Nurse Connect Parties”) from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities, or other harms resulting from or relating to the calls, text messages, emails, or other messages, including, without limitation, any claims, causes of action, or lawsuits based on any asserted violations of the law (including, without limitation, the Telephone Consumer Protection Act, the Truth in Caller ID Act, the CAN-SPAM Act, the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, HIPAA, any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).
Our Content and Site. You understand and acknowledge that the content, information, products, documentation, and other materials on the Site (including the Site itself and any software, interfaces, or designs thereof) and any trademark, copyright, and other intellectual property rights are, without limitation, (i) subject to other intellectual property and proprietary rights and laws, including copyright and trademark, and (ii) owned by us. The Site may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, and restrictions contained in or attached to the Site. Nothing in these Terms of Service grants you any right to receive delivery of a copy of the Site or to obtain access to the Site except as generally and ordinarily permitted through the Site, according to these Terms of Service. Furthermore, nothing in these Terms of Service will be deemed to grant, by implication, estoppel, or otherwise, a right to use our trademarks.
Feedback. You agree that submission of any oral, written, or other ideas, suggestions, documents, and/or proposals to Nurse Connect regarding the Site or Services is intended for our use and that Nurse Connect may use, adapt, and derive commercial benefit from any such input without restriction and without any obligations to you, even after you cease use of the Services or Site.
Restrictions. The rights granted to you in these Terms of Service are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Site or any portion thereof; (ii) you shall not frame or utilize framing techniques to enclose any trademark or logo of Nurse Connect or the Site (including images, text, page layout, or form); (iii) you shall not use any metatags or other “hidden text” using the Nurse Connect name or trademarks; (iv) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse-compile, or reverse-engineer any part of the Site, except to the extent the foregoing restrictions are expressly prohibited by applicable law, or otherwise gain unauthorized access to any part of the Site by hacking, password “mining,” or any other unauthorized means; (v) you shall not access the Site in order to build a similar or competitive application or service; (vi) you shall not probe, scan, test the vulnerability of or breach the authentication measures of, the Services or any related networks or systems; (vii) you shall not harvest or otherwise collect information about others, including email addresses; (viii) you shall not use any robot, spider, scraper, or other automated or manual means to access the Services; (ix) you shall not upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; and (vi) you shall not use the Site unless you are at least 18 years of age or the age of majority in the applicable jurisdiction and can form legally binding contracts under applicable law.

Indemnification. You agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless each and all Nurse Connect Parties from and against any and all claims, demands, suits, actions, proceedings, settlements, judgments, injuries, losses, liabilities, expenses, damages, and costs, including attorney fees and court costs, of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way relating to your access to or use of the Site and the Services or receipt of any Visit, your fraud, violation of law, or willful misconduct, any breach of these Terms of Service or your violation of any rights of any other person or entity. Nurse Connect reserves the right to control the defense of any claim by a third party for which Nurse Connect is entitled to indemnification, and you agree to provide Nurse Connect with such cooperation as is reasonably requested by Nurse Connect.

Disclaimer of Warranties.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND OUR PLATFORM IS VOLUNTARY AND AT YOUR SOLE RISK, AND THE SERVICES AND OUR PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NURSE CONNECT EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, ARISING FROM USE OF THE SITE. NURSE CONNECT MAKES NO WARRANTY, REPRESENTATION, GUARANTEE OR CONDITION THAT (1) SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (4) (CLIENT) THAT ANY PROFESSIONAL SELECTED WILL MEET YOUR NEEDS OR EXPECTATIONS OR (PROFESSIONAL) ANY CLIENT WILL BE HAPPY WITH YOUR SERVICES.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SITE OR SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SITE OR SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
THE SITE OR SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS. NURSE CONNECT MAKES NO WARRANTY, REPRESENTATION, OR CONDITION WITH RESPECT TO THE SERVICES OR ANY VISIT, INCLUDING, BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION, AND OTHER CHARACTERISTICS OF THE SERVICES OR ANY VISIT.
YOU ACKNOWLEDGE AND AGREE THAT (1) YOUR USE OF THE SITE AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND (2) NURSE CONNECT DOES NOT PROVIDE HEALTH CARE SERVICES OR MEDICAL ADVICE. PROFESSIONALS USING THE SITE TO PROVIDE ANY PROFESSIONAL OR OTHER SERVICES ARE SOLELY RESPONSIBLE FOR THE SERVICES EACH PROVIDES TO A CLIENT. EACH PROFESSIONAL IS RESPONSIBLE FOR THEIR SERVICES AND COMPLIANCE WITH THE REQUIREMENTS APPLICABLE TO THEIR PROFESSION AND LICENSE, IF ANY. NEITHER NURSE CONNECT NOR ANY THIRD PARTIES THAT SUPPORT THE SERVICES OR PROVIDE YOU WITH A LINK TO THE SERVICES SHALL BE LIABLE FOR ANY PROFESSIONAL ADVICE YOU OBTAIN FROM A PROFESSIONAL VIA THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NURSE CONNECT OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability.

DISCLAIMER OF CERTAIN DAMAGES. TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL NURSE CONNECT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR SERVICES, INCLUDING LOST PROFITS, WHETHER OR NOT NURSE CONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ARISING OUT OF OR IN CONNECTION WITH THE SITE OR SERVICES ON ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
CAP ON LIABILITY. TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, UNDER NO CIRCUMSTANCES WILL NURSE CONNECT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU PAY TO NURSE CONNECT WITHIN IN A TWELVE-MONTH PERIOD OR FIFTY DOLLARS ($50), WHICHEVER IS GREATER.
BASIS OF THE BARGAIN. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND NURSE CONNECT.
PERIOD FOR CLAIMS. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.

Dispute Resolution. Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Nurse Connect and limits the manner in which you can seek relief from us.

Definition. For purposes of this section, “Dispute” shall mean any dispute, claim, or controversy arising out of or relating to these Terms of Service (such as with respect to their validity or enforceability); the Site or Services; your (or anybody else’s) access to and/or use of the Site or Services; and/or the provision of content, products, Services, and/or technology on or through the Site. Disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets, as well as claims of piracy or unauthorized use of the Site, shall not be subject to arbitration.
Applicability of Arbitration Agreement. Except if doing so is prohibited by law, you agree that any Dispute will be resolved by binding arbitration rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (nonclass, nonrepresentative) basis, and (2) you or Nurse Connect may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the existence of these Terms of Service (or any prior version of these Terms of Service) as well as claims that may arise after the termination of these Terms of Service.

BY AGREEING TO ARBITRATION WITH NURSE CONNECT, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST NURSE CONNECT ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST NURSE CONNECT IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THESE TERMS OF SERVICE, INCLUDING THIS ARBITRATION AGREEMENT.

Arbitration Rules. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Service and administered by the AAA. The AAA Rules and fee information are available at www.adr.org or by calling the AAA at 1 (800) 778-7879. Payment of all filing, administration, and arbitration fees will be governed by the AAA Rules. The decision from the arbitration will be in writing and binding and conclusive on Nurse Connect and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Nurse Connect and you agree that dispositive motions, including, without limitation, motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator(s) must follow these Terms of Service and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney fees. Nurse Connect and you understand that absent this mandatory arbitration provision, Nurse Connect and you would have the right to sue in court and have a jury trial. Nurse Connect and you further understand that in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
Arbitration Forum. You or Nurse Connect may choose to pursue a claim in small claims court where jurisdiction and venue over you and Nurse Connect otherwise qualify for such small claims court and where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you still agree to provide Nurse Connect 30 days’ advance notice by email to info@nurseconnectnow.com and by U.S. mail to Nurse Connect, Inc. at 224 W 35th St., Ste. 500, #2291, New York, NY 10001.
Authority of Arbitrator. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any Dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Nurse Connect. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any nonmonetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms of Service (including this Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Thirty-Day Opt-Out. You have the right to opt out of and not be bound by the provisions requiring arbitration by sending written notice of your decision to opt out to Nurse Connect by email to info@nurseconnectnow.com and by U.S. mail to Nurse Connect, Inc., 224 W 35th St., Ste. 500, #2291, New York, NY 10001.
The notice must be sent within 30 days of your first use of any of the Services. If you do not opt out via this method, you will be bound to arbitrate Disputes in accordance with the terms of these paragraphs. If you opt out of the provisions requiring arbitration, Nurse Connect will not be bound by these provisions either. If any clause within this section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.
Waiver of Jury Trial. YOU AND NURSE CONNECT HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Nurse Connect are instead electing that all claims and Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified otherwise in this section. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms of Service as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is very limited.
Severability. If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the Disputes, claims, or controversies will not be subject to arbitration and must be litigated in a federal court located in Delaware. If any clause within this Dispute Resolution section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.
Waiver of Class Action. This Waiver of Class Action subsection will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of Nurse Connect, or any employee, officer, director, or investor of Nurse Connect, and to any claims asserted by any of them against you, to the extent that any such claims are a Dispute.
Survival. This Arbitration Agreement will survive the termination of your relationship with Nurse Connect.

General Provisions.

Laws. You are responsible for compliance with all applicable laws.
Choice of Laws. These Terms of Service and the relationship between you and us will be governed by the laws of the state of Delaware without giving effect to any choice-of-law principles that would require the application of the laws of a different country or state. Any legal action, suit, or proceeding arising out of or relating to these Terms of Service or your use of the Services that is not subject to arbitration must be instituted exclusively in the federal or state courts located in the state of Delaware and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in the state of Delaware, and agree to service of process issued or authorized by any such court.
Nonassignment. These Terms of Service are personal to you, and you may not transfer, assign, or delegate your rights and/or duties under these Terms of Service to anyone else, and any attempted assignment or delegation is void. We may assign our rights and/or duties under these Terms of Service. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder.
Miscellaneous.
1. Headings. The paragraph headings in these Terms of Service, shown in boldface type, are included only to help make these Terms of Service easier to read and have no binding effect.
2. Waiver. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing and signed by us, nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default.
3. Severability. If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Service to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect.
4. Entire Agreement. These Terms of Service, along with the agreements referenced in these Terms of Service, constitute the entire agreement between you and us with regard to the matters described above and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Nurse Connect with respect to the Services, except for Professionals and Clients, who are also bound by the service agreement entered into between Professionals and us or Clients and us. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings relating to these Terms of Service to the same extent and subject to the same conditions as other business documents originally generated and maintained in printed form. For purposes of any Dispute, Nurse Connect’s records shall be conclusive in all respects.
Force Majeure. We will not be deemed to be in breach of these Terms of Service or liable for any breach of these Terms of Service or of the Privacy Policy due to any event or occurrence beyond our reasonable control, including, without limitation, acts of God, pandemics, epidemics, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.
Third Parties. Unless expressly stated in these Terms of Service to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Nurse Connect, and its affiliates. Nothing in these Terms of Service is intended to relieve or discharge the obligation or liability of any third parties to you, Nurse Connect, and its affiliates, nor shall any provision give any third parties any right of subrogation or action against you, Nurse Connect, and its affiliates.
Representations and Warrantees.

Eligibility. You represent and warrant that you currently meet and will continue to meet the following eligibility conditions (“Eligibility Conditions") for as long as you use the Services: (A) you are at least eighteen (18) years old; (B) you comply with all laws, rules, and regulations in connection with your use of the Services and any Visits arranged through the Services; (C) you have the right, authority, and capacity to agree to these Terms of Service and to abide by all of the terms and conditions in them; (D) neither you, nor anyone in your home or, as applicable, the location where Services are received: (i) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others; (ii) has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any sexual, child abuse or domestic violence offenses; and/or (iii) has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and (E) neither you, nor anyone in your home or, as applicable, the location where Services are received, is currently out on bail or on such person’s own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child abuse or domestic violence offenses.
By using the Services, you understand and agree that Nurse Connect may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that Nurse Connect may revise the Eligibility Conditions from time to time and require new conditions and certifications and that you will abide by such revised Eligibility Conditions or discontinue using the Services; you must discontinue use of the Services if at any time you no longer meet the Eligibility Conditions. If Nurse Connect becomes aware of or believes you have violated the Eligibility Conditions or that you have otherwise provided any false or misleading information, we may, among other things, suspend and/or terminate your access to the Services with or without notice at our sole discretion. If your account is terminated or suspended, you agree to make no further use of the Services after termination or during suspension.

Contact Information

If you have any questions or comments regarding our Terms of Service, you can contact us at info@nurseconnectnow.com. By mail: Nurse Connect, Inc., 224 W 35th St., Ste. 500, #2291, New York, NY 10001.