Terms of Use

Welcome to our website! These terms of use govern your use of our website. While most conditions apply generally, there may be specific scenarios where additional terms or conditions come into play. We’ll let you know in those cases.

To get started, you’ll need to create an account, providing accurate and complete information. Your account gives you access to our services, so it’s essential to keep your login details safe and secure. If you ever suspect unauthorized access to your account, let us know right away.

If you decide to stop using our services, you can close your account following the steps outlined on our website.

We reserve the right to suspend or delete accounts that violate our terms or are deemed inappropriate. However, we’ll always strive to handle these situations fairly and transparently. If we need to suspend or delete your account, you won’t be entitled to compensation.

Content on this Website:

Most of the content you see on this website belongs to us or our licensors. We do our best to make sure everything here follows the law and respects the rights of others. But if you ever come across something that seems off, please let us know. You can reach out using the contact details provided in this document. We appreciate your help in keeping our site safe and respectful for everyone.

Rights regarding content on this Website – All rights reserved

Access to External Resources:

On this website, you might find links or access to other websites or resources provided by third parties. Keep in mind that we don’t control these resources, so we can’t take responsibility for their content or availability. Any terms or conditions related to these resources are set by the third parties themselves or by the law if there are no specific terms from them.

Acceptable Use:

This website and its services are meant to be used according to their intended purpose and in compliance with these terms and the law. Users are responsible for ensuring that their use of the website and service doesn’t violate any laws, regulations, or the rights of others.

To protect our interests, we reserve the right to take appropriate action, such as denying access or terminating contracts, if we believe that users are engaging in activities that: 

  • Break the law or these terms
  • Infringe on the rights of others
  • Significantly harm our legitimate interests
  • Disrespect or harm us or others.
  • Liability and indemnification

Warranty Disclaimer:

This website is provided “as is” and “as available.” Your use of the service is at your own risk. To the fullest extent permitted by law, we expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights.

We do not guarantee that the content is accurate, reliable, or error-free, or that the service will meet your requirements, be available at any particular time, be uninterrupted, or secure. We do not warrant that the service is free of viruses or other harmful components. Any content downloaded or obtained through the service is at your own risk.

We do not endorse or assume responsibility for any products or services advertised or offered by third parties through the service or any linked website. We are not involved in any transactions between users and third-party providers.

The service may become inaccessible or not function properly with your web browser, mobile device, or operating system. We cannot be held liable for any damages arising from service content, operation, or use.

Some jurisdictions do not allow the exclusion of certain warranties, so the above limitations may not apply to you. You may have additional rights under applicable law.

Limitation of Liability:

To the fullest extent permitted by law, the Owner, its subsidiaries, affiliates, officers, directors, agents, partners, suppliers, and employees shall not be liable for:

  • Any indirect, punitive, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, goodwill, use, data, or other intangible losses arising from or related to the use of, or inability to use, the Service.
  • Any damage, loss, or injury resulting from hacking, tampering, or unauthorized access or use of the Service, User account, or information contained therein.
  • Any errors, mistakes, or inaccuracies of content.
  • Personal injury or property damage resulting from User access to or use of the Service.
  • Any unauthorized access to or use of the Owner’s secure servers and/or personal information stored therein.
  • Any interruption or cessation of transmission to or from the Service.
  • Any bugs, viruses, trojan horses, or similar that may be transmitted to or through the Service.
  • Any errors or omissions in content, or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service.
  • The defamatory, offensive, or illegal conduct of any User or third party. 

In no event shall the Owner, its subsidiaries, affiliates, officers, directors, agents, partners, suppliers, or employees be liable for any claims, liabilities, obligations, damages, losses, or costs exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to User. The terms give User specific legal rights, which may vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification:

The User agrees to defend, indemnify, and hold harmless the Owner and its subsidiaries, affiliates, officers, directors, agents, partners, suppliers, and employees from any and all claims, demands, damages, obligations, losses, liabilities, costs, or expenses, including legal fees and expenses, arising from:
  • User’s use of and access to the Service, including any data or content transmitted or received by User.
  • User’s violation of these terms, including any breach of the representations and warranties set forth herein.
  • User’s violation of any third-party rights, including any right of privacy or intellectual property rights.
  • User’s violation of any statutory law, rule, or regulation.
  • Any content submitted from User’s account, including third-party access using User’s unique username, password, or other security measures, if applicable, including misleading, false, or inaccurate information.
  • User’s willful misconduct.
  • Statutory provisions by User or its affiliates, officers, directors, agents, partners, suppliers, and employees to the extent permitted by applicable law.

Common Provisions

No Waiver

The Owner’s failure to enforce any right or provision under these Terms shall not be considered a waiver of such right or provision. No waiver shall be deemed a continuing waiver of that term or any other term.

Service Interruption

To maintain the highest service level possible, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other necessary changes, with appropriate notification to Users. Within the bounds of the law, the Owner may also choose to suspend or terminate the Service entirely. If the Service is terminated, the Owner will work with Users to facilitate the retrieval of Personal Data or information in compliance with applicable laws. Additionally, the Service may be unavailable due to circumstances beyond the Owner’s reasonable control, such as “force majeure” events (e.g., labor strikes, infrastructure failures, or power outages).

Service Reselling

Users are prohibited from reproducing, duplicating, copying, selling, reselling, or exploiting any part of this Website or its Service without the express prior written permission of the Owner, granted either directly or through an authorized reselling program.

Privacy Policy

For more information on the use of their Personal Data, Users may refer to the privacy policy of this Website.

Intellectual Property Rights

Subject to any more specific provision in these Terms, all intellectual property rights, including copyrights, trademark rights, patent rights, and design rights associated with this Website, are the sole property of the Owner or its licensors. These rights are protected under applicable laws or international treaties governing intellectual property.

All trademarks, whether nominal or figurative, as well as all other marks, trade names, service marks, word marks, illustrations, images, or logos associated with this Website, are and shall remain the exclusive property of the Owner or its licensors. They are protected by applicable laws or international treaties concerning intellectual property. 

Changes to These Terms

The Owner retains the right to modify or amend these Terms at any time. In such instances, Users will be duly notified of these changes.

These alterations will only impact the User’s relationship with the Owner moving forward. Continued use of the Service implies acceptance of the updated Terms. Should Users choose not to be bound by the revisions, they must discontinue using the Service. Failure to accept the revised Terms may result in either party terminating the Agreement.

The previous version of the Terms will govern the relationship before User acceptance. Users can obtain any prior versions from the Owner.

If required by applicable law, the Owner will specify the effective date of the modified Terms.

Assignment of Contract

The Owner reserves the right to transfer, assign, or subcontract any rights or obligations under these Terms, while considering the User’s legitimate interests. Provisions regarding changes to these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms without the written consent of the Owner.

Severability

If any provision of these Terms is deemed invalid or unenforceable under applicable law, it will not affect the validity of the remaining provisions, which will remain in full force and effect. Any invalid or unenforceable provision will be interpreted, construed, and reformed to the extent necessary to make it valid, enforceable, and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner regarding the subject matter herein and supersede all prior communications, including but not limited to prior agreements, between the parties regarding such subject matter. These Terms will be enforced to the fullest extent permitted by law. 

Governing Law

These Terms are governed by the laws of the jurisdiction where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Each party specifically waives any right to trial by jury in any court in connection with any action or litigation. Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others. 

Surviving Provisions

This Agreement remains effective until terminated by either this Website or the User. Upon termination, certain provisions within these Terms, which by their nature are intended to survive termination or expiration, will continue to apply, including but not limited to the following:

  • The licenses granted by the User under these Terms will remain in effect indefinitely.
  • The User’s obligations for indemnification will persist for a period of five years from the termination date.
  • The disclaimer of warranties and representations, as well as the provisions related to indemnity and limitation of liability, will continue indefinitely.

This Website is provided by: AgileRN LLC (Owner and Operator of Nurseplexus(TM))
721 East Roosevelt Road
Wheaton, IL 60187 

For any questions, email: legal@agile-rn.com or call (630) 912-4565 extension 500