Service Provider’s User Agreement
Last Updated SEPTEMBER, 23RD, 2017
MYNURSE LTD. allows consumers who register to be a user of MYNURSE (collectively, the “Members”) to provide reviews and ratings on a variety of service companies and health related providers (collectively, a “Service Provider”) with whom they have had first-hand experiences.  On behalf, and as representative, of a Service Provider (“You” or “Company”), You are permitted to use the website www.mynurse.us (the “Website”) and the information contained therein subject to the terms and conditions contained in this Service Provider’s User Agreement, which may be modified, amended or replaced by MYNURSE from time to time at MYNURSE’s sole discretion (collectively, the “Agreement”). Such modifications will become effective immediately upon the posting thereof. This Agreement shall also govern other aspects of Your relationship with MYNURSE beyond Your use of the Website, as described herein.
In consideration of MYNURSE granting the you access to its Website and the information contained therein, and in order to use the Website, You must read and accept all of the Terms and Conditions in, and linked to, this Agreement. It is the Company’s or Service Provider’s responsibility to review this Agreement on a regular basis to keep itself informed of any modifications.
BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE COMPANY OR SERVICE PROVIDER ACKNOWLEDGES IT HAS READ, UNDERSTANDS AND AGREES TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT
Terms and Conditions
Members may submit a review or report and other information (collectively, “Member Content”) on any Service Provider with which they have communicated or had another first-hand experience, whether or not work was started, performed, or completed. If the Service Provider disputes any Member Content, the Company’s sole course of action with respect to such Member Content as it relates to MYNURSE and the Website is to utilize the Services (as defined below) which are available online at the Website.
By agreeing to the Terms and Conditions of this Agreement, the Service Provider is hereby permitted to use the services offered to Service Provider’s including, without limitation, access to ”Provider’s App”, the ability to review Member Content pertaining to the Service Provider, the ability to submit responses to Member Content, the ability to update and maintain profile information on the Service Provider, the ability to utilize the dispute resolution process offered through the Website and facilitated by MYNURSE and such other services that MYNURSE may offer to Service Providers from time to time (collectively, the “Services”).
By agreeing to the Terms and Conditions of this Agreement, MYNURSE grants the Service Provider a limited license to access and use the Website and the Services. Notwithstanding the foregoing, the Service Provider acknowledges and agrees that it will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit the Website (or any of the content therein including, without limitation, any Member Content or any Member profiles) or Services for any commercial or other purpose, without the express written consent of MYNURSE.
MYNURSE does not endorse and is not responsible or liable for any Member Content, SP Content (as defined below), data, advertising, products, goods or services available or unavailable from, or through, MYNURSE. The statements, information and ratings contained in any Member Content are solely the opinion of the Member submitting such Member Content and do not reflect the opinion of MYNURSE or any of its affiliates or subsidiaries or any of their respective owners, managers, officers, employees, agents or representatives.
The SERVICE PROVIDER acknowledges and understands that MYNURSE simply acts as a passive conduit and an interactive computer provider for the publication and distribution of Member Content and SP Content. MYNURSE does not have any duty or obligation to investigate the accuracy of Member Content or the quality of the work performed by the Company or any other Service Provider which is the subject of any Member Content. By using the Services, the Company/Service Provider agrees that it is solely the Company/Service Provider’s responsibility to evaluate the Company/Service Provider’s risks associated with the use, accuracy, usefulness, completeness, appropriateness or legality of any information, responses, writings or other materials that the Company/Service Provider submits, transmits or otherwise conveys through the Services (collectively, “SP Content”).
Under no circumstances will MYNURSE be liable in any way for any Member Content or SP Content including, but not limited to, any Member Content or SP Content that contains, errors, omissions or defamatory statements, or for any loss or damage of any kind incurred as a result of the use of any Member Content or SP Content submitted, accessed, transmitted or otherwise conveyed via the Services or otherwise.
The Company/Service Provider hereby waives any claims, rights or actions that it may have against MYNURSE or any of its affiliates or subsidiaries with respect to any Member Content or SP Content and releases MYNURSE and each of its affiliates and subsidiaries from any and all liability for or relating to Member Content or SP Content.
The Company/Service Provider agrees to indemnify and hold MYNURSE and each of its affiliates and subsidiaries and their respective owners, managers, officers, employees, agents or representatives harmless for any damages that may arise, directly or indirectly, from any claim or right it may have against MYNURSE with respect to any statements made by a Member or Member Content submitted by a Member which is communicated, posted or published by MYNURSE on its Website or to a third party.
The Company/Service Provider acknowledges and agrees that the Company can neither require MYNURSE to place the Company/Service Provider on its Website nor remove the Company/service provider or any Member Content from MYNURSE. The Company/Service Provider further acknowledges and understands that the Company/Service Provider is not a Member of MYNURSE, cannot refer to itself as a Member of MYNURSE.
The Company/Service Provider further acknowledges and understands that the Company/Service Provider is not an employee, a contractor of MYNURSE, and cannot refer to itself as a employee or staff of MYNURSE
 
The Company/Service Provider and its current or former owners, directors, managers, employees, agents and family members are expressly prohibited from purchasing gift memberships to MYNURSE or reimbursing clients or customers for their MYNURSE membership cost. In addition, individuals affiliated with the Company including, without limitation, current or former owners, current or former employees or officers, family members, or current or former partners, investors, managers or directors (collectively, the “Affiliated Persons”) may not submit Member Content to MYNURSE on the Company/Service provider. The Company hereby acknowledges and agrees that to the extent an Affiliated Person has submitted or posted any Member Content on the Company or any company or person competitive to the Company, or believes that Member Content was posted by an Affiliated Person that MYNURSE may immediately remove such Member Content without notice or recourse against MYNURSE.
SP Content shall not contain any unauthorized content which includes but is not limited to:
a. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.);
b. Comments that do not address the Member Content or comments with no qualitative value as determined by MYNURSE in its sole discretion;
c. Content that contains personal attacks or describes physical confrontations and/or sexual harassment;
d. Messages that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter;
e. Language that violates the standards of good taste or the standards of the Website, as determined by MYNURSE in its sole discretion;
f. Content determined by MYNURSE, in its sole discretion, to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity;
g.  Language intended to impersonate other users (including names of other individuals) or to be offensive or inappropriate user names or signatures; and/or
h. Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
The Company/Service Provider acknowledges and agrees that MYNURSE in its sole discretion may remove without notice any SP Content or any portion thereof that MYNURSE believes violates the foregoing.
MYNURSSE may suspend, restrict or terminate the Company/Service Provider’s use of the Services or any portion thereof if the Company/Service Provider’s breaches or fails to comply with any of the Terms and Conditions of this Agreement.
Although MYNURSE does not claim ownership of any SP Content or other communications or materials submitted by or given by the Company/Service Provider to MYNURSE, by providing SP Content for the Website or other mediums, the Company/Service Provider automatically grants, and the Company/Service Provider represents and warrants that the Company/Service Provider has the right to grant, to MYNURSE an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such SP Consent and to prepare derivative works of, or incorporate into other works, such SP Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing MYNURSE with SP Content, the Company/Service Provider automatically grants MYNURSE all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of SP Content on the Website or in any other medium by any other party. No compensation will be paid with respect to MYNURSE use of SP Content. MYNURSE is under no obligation to post or use any of SP Content or maintain SP Content. MYNURSE may remove SP Content at any time in MYNURSE sole discretion.
It is the Company/Service Provider’s sole responsibility to review and monitor any Member Content regarding the Company/Service Provider that is posted by Members and to submit responses it deems necessary to any Member Content. MYNURSE does not have any obligation to provide a notice or update to the Company/Service Provider with respect to any new information or Member Content that it learns of or receives about the Company/Service Provider from its Members.
The Company/Service Provider has the sole responsibility of updating any and all of its information on the Website including, without limitation, the Company/Service Provider’s description and profile information.
The Company/Service Provider agrees not to use or cause any robot, bot, spider, other automatic device, or computer program routine or manual process to monitor, duplicate, take, obtain, transfer, modify, use, reproduce, aggregate or copy MYNURSE, any Member Content, any Member profiles, SP Content (including SP profiles) or any other content contained on the Website or any other publication of MYNURSE. You shall not use or cause any device, software, or routine to interfere or attempt to interfere with the proper working of the Website.
The Company/Service Provider hereby represents and warrants to MYNURSE that (a) all information provided to MYNURSE by the Company/Service Provider is true, complete and accurate in all respects, and (b) the Company/Service Provider is authorized to submit information to MYNURSE. MYNURSE is authorized by the Company/Service Provider to rely upon the truthfulness, completeness and accuracy of SP Content in order to serve its Members/Users.
The Company/Service Provider acknowledges that the Website utilizes one or more website analytic services, which may record mouse clicks, mouse movements, scrolling activity and text entered into the Website by users. These services do not collect personally identifiable information that is not voluntarily entered into the Website by the user. MYNURSE uses the information collected by these service providers to improve the usability and other features of the Website.
The Company/Service Provider acknowledges that MYNURSE will use the telephone numbers, email addresses that are submitted to MYNURSE in connection with registering with MYNURSE to contact the Company/Service Provider with information regarding MYNURSE. MYNURSE agrees not to sell, trade, rent or share such information with any third parties. By providing a wireless phone number to MYNURSE, Company/Service Provider agrees that MYNURSE may call or send text messages to the wireless phone number for any purpose, including marketing purposes, using all methods now known and discovered in the future, including, but not limited to, auto-dialers, pre-recordings, and general telemarketing practices. Company/Service Provider agrees that these calls or text messages may be regarding the products and/or services that Company/Service Provider has previously purchased and products and/or services that MYNURSE may market to me. Company/Service Provider acknowledges that this consent may be removed upon request.
To the extent a third party posts or submits any SP Content or manages the Company/Service Provider’s profile or information on the Website, the Company/ Service Provider hereby acknowledges and agrees that the Company/ Service Provider shall remain fully responsible for any SP Content or information posted or submitted by such third party.
The Company/ Service Provider agrees unless expressly authorized by MYNURSE not to access, copy, duplicate use, reproduce, alter, modify, create derivative works, display, sell, re-sell, advertise or market with or otherwise exploit for any commercial, educational or other purpose any User Content, any User profiles, any SP profiles, or any other content from the Website or MYNURSE, including, without limitation, any reviews or ratings or any other content contained in any Member/User Content.
MYNURSE is the owner and/or authorized user of any trademark and/or service mark, including, without limitation, the name “MYNURSE”, appearing on the Website and is copyright owner or licensee of the content and/or information on the Website. By placing them on the Website, MYNURSE does not grant the Company/ Service Provider any license or other authorization to copy or use its trademarks, service marks, copyrighted material, or other intellectual property, except as provided herein.
MYNURSE reserves the right to exercise any rights or remedies which may be available to it against the Company/ Service Provider if the Terms and Conditions of this Agreement are violated by the Company/ Service Provider. These remedies include, but are not limited to, revocation of (a) Super Service Awards (present & past) and any associated license, (b) advertising privileges, (c) use of the Services, or (d) appearances on the Website and/or any other appearances in any MYNURSE’s publication, and Company/ Service Provider agrees that the exercise of one remedy shall not preclude the availability of any other remedy.
The Company/ Service Provider understands and agrees that, because damages resulting from Company/ Service Provider’s breach of this Agreement are difficult to calculate, if it becomes necessary for MYNURSE to pursue legal action to enforce the Terms and Conditions of this Agreement, the Company/ Service Provider will be liable to pay MYNURSE the following amounts as liquidated damages, which the Company/ Service Provider accepts as reasonable estimates of MYNURSE damages for the specified breaches of this Agreement:
a.  If the Company/ Service Provider posts SP Content in violation of this Agreement, the Company/ Service Provider agrees to promptly pay MYNURSE One Thousand Dollars ($1,000) for each item of SP Content posted in violation of this Agreement. MYNURSE may (but is not required) issue the Company/ Service Provider a warning before assessing damages.
b.  If the Company exploits for any purpose (commercial or otherwise) any Member/User Content, Member/User profiles or any other information contained on the Website including, without limitation, ratings and/or reviews in violation of this Agreement, the Company/ Service Provider agrees to pay Ten Thousand Dollars ($10,000) per report, record or review exploited.
c.  If the Company/ Service Provider uses or causes any robot, bot, spider, other automatic device or computer program routine or any manual process to monitor, duplicate, take, aggregate, obtain, modify, use, reproduce or copy any Member/User Content, any member/user profiles, SP content (including SP profiles) or any other content contained on the Website or in any other publication of MYNURSE, the Company agrees to pay One Hundred Dollars ($100) for each report, record, review or other information that is monitored, duplicated, transferred, taken, obstructed, modified, used, reproduced, aggregated or copied.
 d. Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, the Company/ Service Provider agrees to pay the actual damages suffered by MYNURSE to the extent such actual damages can be reasonably calculated.
 Notwithstanding any other provision of this Agreement, the Company/ Service Provider reserves the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
 
THE COMPANY/SERVICE PROVIDER EXPRESSLY UNDERSTANDS AND AGREES THAT MYNURSE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MYNURSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR SP CONTENT; (D) SP CONTENT THE COMPANY/SERVICE PROVIDER MAY SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICES OR THIS AGREEMENT; (E) STATEMENTS OR CONDUCT OF ANY MEMBER/USER OR OTHER THIRD PARTY THROUGH THE SERVICES; (F) ANY OTHER MATTER RELATING TO THE SERVICES; (G) ANY BREACH OF THIS AGREEMENT BY MYNURSE OR THE FAILURE OF MYNURSE TO PROVIDE THE SERVICES UNDER THIS AGREEMENT; (H) ANY MEMBER/USER CONTENT POSTED; OR (I) ANY OTHER DEALINGS OR INTERACTIONS THE COMPANY/SERVICE PROVIDER HAS WITH ANY SERVICE PROVIDER (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to the Company/ Service Provider.
 TO THE EXTENT MYNURSE IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES, MYNURSE’S LIABILITY FOR DAMAGES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
 This Agreement and the relationship between the Company/ Service Provider and MYNURSE will be governed by the internal laws of the Commonwealth of Kentucky , notwithstanding the choice of law provisions or conflict of law analysis of the venue where any action is brought, where the violation occurred, where the Company/ Service Provider may be located or any other jurisdiction. The Company/ Service Provider agrees and consents to the exclusive jurisdiction of the state or federal courts located in Louisville, Kentucky and waives any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that MYNURSE may elect, in its sole discretion, to litigate the action in the county or state where any breach by the Company/ Service Provider occurred or where the Company/ Service Provider can be found. The Company/ Service Provider agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

 The Company/ Service Provider agrees to indemnify and hold MYNURSE and each of its affiliates and subsidiaries and each of their respective owners, officers, agents, managers, partners, employees, agents and representatives harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees (whether incurred in enforcing this Agreement or otherwise), made by any third party due to or arising out of the Company/ Service Provider’s use of MYNURSE.
 MYNURSE may modify or restate the Terms and Conditions of this Agreement and such modification(s) will be effective immediately upon being posted on the Website. MYNURSE will make note of the date of the last update to the Agreement on the first page of this Agreement. The Company/ Service Provider is responsible for reviewing these terms and conditions regularly. The Company/ Service Provider’s continued use of the Services after such modifications will be deemed to be the Company/ Service Provider’s conclusive acceptance of all modifications to this Agreement.
 The Company/ Service Provider agrees that MYNURSE shall be entitled to payment from the Company/ Service Provider for any and all out-of-pocket costs, including, without limitation, attorneys’ fees, incurred by MYNURSE in connection with enforcing these Terms and Conditions and this Agreement or otherwise.
 The Services may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. MYNURSE is not responsible for any delays, failures or other damage resulting from such problems.
 This Agreement may not be re-sold or assigned by the Company/ Service Provider. If the Company/ Service Provider assigns, or tries to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of MYNURSE’s rights if MYNURSE fails to enforce any of the terms or conditions of this Agreement against the Company. In the event a court finds a provision in this Agreement to not be valid, the Company/ Service Provider and MYNURSE agrees that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between the Company/ Service Provider and MYNURSE as a result of this Agreement or use of the Services.
 The person agreeing to this Agreement and the Terms and Conditions on behalf of the Company/ Service Provider hereby represents and warrants that he/she has the power and authority to bind the Company/ Service Provider and that this Agreement and the Terms and Conditions constitutes a valid and binding agreement of the Company/ Service Provider.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Click here to see your activities