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
provides 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
2005-2007 SNjourney,LLC All Rights Reserved
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