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SNjourney
Terms and Conditions of Use


PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

This web site, membership, message boards, newsletters and email messages are provided for your information and enjoyment and we hope you enjoy using them. Please browse the web site and make use of its various features. We encourage open, honest, respectful communication between all our members. Be aware, however, that your use of the web site and membership email messages is subject to the following terms and conditions. If you do not agree to these terms and conditions, do not use this web site and do not register as a member.

SNjourney may revise and update these Terms and Conditions at any time. Your continued usage of the SNjourney web site ("SNjourney Site," or the "Site,") will mean you accept those changes.

THE SITE DOES NOT PROVIDE MEDICAL ADVICE.

The contents of the SNjourney Site, such as text, graphics, images, information obtained from SNjourney's licensors, and other material contained on the SNjourney Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician, clinical instructor or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the SNjourney Site!

If you think you may have a medical emergency, call your doctor or 911 immediately. SNjourney does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by SNjourney, SNjourney employees, others appearing on the Site at the invitation of SNjourney, or other visitors to the Site is solely at your own risk.

The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.

Passwords

To use certain features of the Service, you will need a username and password, which you will receive through the Service's registration process. 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. Nursing Spectrum Career Fitness Online cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Classified Advertising

When you submit a classified ad for publication on SNjourney, you agree that the advertisement as it appears on SNjourney becomes the property of SNjourney and you assign all ownership interest in the advertisement as it appears on the Service under copyright law or otherwise to SNjourney. 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 required proper punctuation. SNjourney reserves the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in its sole discretion. Rates and specifications are subject to change.

CHILDREN'S PRIVACY.

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall SNjourney, its subsidiary and 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, SNjourney materials, products, or services, or third party materials, products, or services made available through the Service, or any part of the Service, even if SNjourney is 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 many not apply to you. In such states, the liability of SNjourney, its subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that SNjourney Online is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any SNjourney materials, products, or services, or with any of SNjourney's terms and conditions, your sole and exclusive remedy is to discontinue using the Service.


Termination

SNjourney may cancel or terminate your right to use the Service or any part of the Service at any time without notice. In the event of termination, you are no longer authorized to access the part of the Service affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Service, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Other

This agreement constitutes the entire agreement between SNjourney 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 Service. In the event of any conflict between any such third party terms and conditions and these Terms of Service, these Terms of Service shall govern. This agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.


USE OF CONTENT.

SNjourney authorizes you to view or download a single copy of the material on the SNjourney Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c) 2006, SNjourney, LLC. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the SNjourney Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with SNjourney or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of SNjourney. All rights not expressly granted herein are reserved to SNjourney and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

LIABILITY OF SNjourney AND ITS LICENSORS.

The use of the SNjourney Site and the Content is at your own risk.

When using the SNjourney Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of SNjourney and its suppliers. Accordingly, SNjourney assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the SNjourney Site.

The SNjourney Site and the content are provided on an "as is" basis. SNjourney, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, SNjourney, its licensors, and its suppliers make no representations or warranties about the following:

1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the SNjourney Site or SNjourney.

2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the SNjourney Site.

In no event shall SNjourney, its licensors, its suppliers, or any third parties mentioned on the SNjourney Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the SNjourney Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not SNjourney, its licensors, its suppliers, or any third parties mentioned on the SNjourney Site are advised of the possibility of such damages. SNjourney, its licensors, its suppliers, or any third parties mentioned on the SNjourney Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1. SNjourney, its licensors, its suppliers, or any third parties mentioned on the SNjourney Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

USER SUBMISSIONS

The personal information you submit to SNjourney is governed by the SNjourney Privacy Policy. To the extent there is an inconsistency between this Agreement and the SNjourney Privacy Policy, this Agreement shall govern.

You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including message boards) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission You agree that you will not send or transmit to SNjourney by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to SNjourney by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to SNjourney by email, you automatically grant—or warrant that the owner of such content or intellectual property has expressly granted—SNjourney a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. SNjourney may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to SNjourney by email. We try to answer every email in a timely manner, but are not always able to do so.

PASSWORDS

SNjourney has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your SNjourney passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your SNjourney account and password; (3) promptly inform SNjourney of any need to deactivate a password. You grant SNjourney and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. SNjourney cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using SNjourney tools and services.

SNjourney SUBSCRIPTION SERVICES

If you choose to subscribe to one of SNjourney's subscription services, such as the SNjourney Newsletter the following additional terms and conditions will apply.

INFORMATION YOU SUBMIT: You are using the Subscription Services at your own risk and you, along with your clinical instructor, are personally responsible for verifying its suitability for your needs.

SNjourney LIVE AND MEMBER TO MEMBER AREAS ("PUBLIC AREAS").

If you use a Public Area, such as a chat room, bulletin board or community Ask Our Expert posting or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. SNjourney and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

Using a Public Area for any purpose in violation of local, state, national, or international laws;

Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;

Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by SNjourney in its sole discretion;

Posting advertisements or solicitations of business;

After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);

Posting chain letters or pyramid schemes;

Impersonating another person;

Distributing viruses or other harmful computer code;

Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;

Allowing any other person or entity to use your identification for posting or viewing comments

Posting the same note more than once or "spamming"; or

Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of SNjourney, exposes SNjourney or any of its customers or suppliers to any liability or detriment of any type.

SNjourney reserves the right (but is not obligated) to do any or all of the following:

Record the dialogue in public chat rooms.

Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).

Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.

Terminate a user's access to any or all Public Areas and/or the SNjourney Site upon any breach of these Terms and Conditions.

Monitor, edit, or disclose any communication in the Public Areas.

Edit or delete any communication(s) posted on the SNjourney Site, regardless of whether such communication(s) violate these standards.

SNjourney or its licensors have no liability or responsibility to users of the SNjourney Site or any other person or entity for performance or nonperformance of the aforementioned activities

ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES.

SNjourney may provide links to third-party web sites. SNjourney also may select certain sites as priority responses to search terms you enter and SNjourney may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. SNjourney does not recommend and does not endorse the content on any third-party web sites. SNjourney is not responsible for the content of linked third-party sites, sites framed within the SNjourney Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such sites. SNjourney does not endorse any product advertised on the SNjourney Site.

INDEMNITY

You agree to defend, indemnify, and hold SNjourney, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

The following provisions survive the expiration or termination of this agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

JURISDICTION

You expressly agree that exclusive jurisdiction for any dispute with SNjourney, or in any way relating to your use of the SNjourney Site, resides in the courts of the State of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Massachusetts in connection with any such dispute including any claim involving SNjourney or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of Massachusetts, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

NOTICE AND TAKE DOWN PROCEDURES; AND COPYRIGHT AGENT:

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting SNjourney's copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

3. Your name, address, telephone number and (if available) e-mail address.

4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

6. A signature or the electronic equivalent from the copyright holder or authorized representative.

In an effort to protect the rights of copyright owners, SNjourney maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

COMPLETE AGREEMENT.

Except as expressly provided in a particular "legal notice" on the SNjourney Site, these Terms and Conditions and the SNjourney Privacy Policy and Agreement constitute the entire agreement between you and SNjourney with respect to the use of the SNjourney Site, and Content.

Thank you for your cooperation. We hope you find the SNjourney Site helpful and convenient to use. Questions or comments regarding this web site, including any reports of non-functioning links, should be submitted using our contact us page. We try to answer every email in a timely manner but are not always able to do so.

Submissions: Any communication or material, including data, questions, comments, postings, products, materials, or suggestions you transmit to SNjourney. and its web site by electronic mail or otherwise, will become the exclusive property of SNjourney. and may be used for any future purpose including, but not limited to, developing, manufacturing, and marketing products using such information. We will not review or consider any unsolicited creative submissions. Please understand that this is to avoid the chance of future misunderstandings in the event that ideas, products, or projects created by SNjourney. might seem to others to be similar to their own ideas or creative work. Therefore we ask that you do not send us any creative ideas, products, or suggestions. If, despite our request, you do send us a submission electronically or by any other means, it shall become the property of SNjourney. No submission will be subject to any obligation of confidence by us, and we will not be liable for any use or disclosure of any submission. We will exclusively own all known or later-existing rights to the Submission worldwide, and will be entitled to the unrestricted use of the Submission for any purpose without compensation to the provider of the Submission.


Postings: You are solely and fully responsible for any content that you post on any area of this web site. SNjourney. does not allow material or links to material that is threatening, abusive, harassing, defamatory, obscene, vulgar, profane, or pornographic. Swearing, posting other people’s private information, and postings that violate copyright law are not allowed. SNjourney. reserves the right to delete or edit any postings that do not, in our sole discretion, meet the Terms & Conditions. SNjourney will terminate the memberships of users that violate these rules.

The opinions and views expressed by the members do not necessarily represent those of SNjourney. SNjourney, does not verify, endorse, or vouch for the content in the material posted by members.

Although SNjourney may from time to time monitor and review discussions, chats, postings, or other transmissions to its web sites, SNjourney is under no obligation to do so and assumes no responsibility or liability arising from the content or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornographic, illegal, or profane material, or material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. SNjourney reserves the right to delete or edit any postings that do not, in our sole discretion, meet the Terms & Conditions of this web site. SNjourney will cooperate with any law enforcement authorities or court order requesting or directing SNjourney to disclose the identity of anyone posting any such material or information. SNjourney may also disclose such information if it has a good faith belief that such disclosure is necessary to protect the rights, property, or personal safety of SNjourney, its employees, its members, or the public.

Web Site Content: SNjourney reserves the right to edit, delete, or add to any content on its web site or its membership email messages at any time without prior notice to users and members.

Use of this Site and Membership: All SNjourney services, including, but not limited to, this web site and the membership email messages are provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, CONSTRUCTIVE, or STATUATORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.

Advertisers, Sponsors, and Links to Third Parties: To ensure SNjourney’s services remain free to its members, advertisements and sponsorships may appear on the web site without prior notice. As a convenience to you, we may provide links to third party’s web sites. Those web sites and parties are beyond our control. We make no representations as to the content, quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might make against us with respect to such sites and their operators. You may order services or merchandise through links on our sites from persons not affiliated with us. All matters concerning the merchandise or services, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the merchants with whom you chose to do business. We make no warranties or representations whatsoever with regard to any goods or services provided by those merchants. You will not consider us - nor will we be construed as - a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with the transaction. Nor will we be liable for any costs or damages arising out of any transaction (whether directly or indirectly) between you and any other person.

Privacy: Please refer to SNjourney’s Privacy Policy for information on how SNjourney protects your personal privacy.

Disclaimer for External Links

The appearance of external hyperlinks does not constitute endorsement by the SNjourney of the linked web sites, or the information, products or services contained therein. SNjourney does not exercise any editorial control over the information you may find at these locations.

Please let us know about existing external links which you believe are inappropriate and about specific additional external links which you believe ought to be included.


Revision of Terms & Conditions: SNjourney. may at any time revise these Terms & Conditions by updating this posting. Please revisit this page to review the then Terms & Conditions. Your use of this web site reaffirms your continuing agreement to the then-current Terms & Conditions.

The section headings and title paragraph used within the Terms & Conditions are for convenience only and shall not be given any legal import whatsoever.

Copyright 2006 SNjourney,LLC All Rights Reserved



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