Terms of use
We hope you love using Nurselynx. We really do. This document contains important information that you need to consider before making an important decision.
Effective Date: December 1st 2020
The following terms and conditions constitute an agreement between you and Nurselynx, Inc. (“Nurselynx,” “we,” or “us”), the operator of Nurselynx.com (the “Site”) and related websites, applications, services and mobile applications provided by Nurselynx and on/in which these Terms of Use are posted or referenced (collectively, the “Services”). These terms of use (the “Terms of Use”), together with our PRIVACY POLICY, ACCEPTABLE USE POLICY and ADDITIONAL TERMS (each of which are incorporated herein by reference, and collectively, this “Agreement”) govern your use of the Services, whether or not you have created an account. You must agree to and accept all of the terms of this Agreement, or you don’t have the right to use the Services.
BY USING OR OTHERWISE ACCESSING THE SERVICES AND/OR BY CREATING AN ACCOUNT WITH US, YOU AGREE TO THE TERMS OF THIS AGREEMENT, INCLUDING THE INFORMATION PRACTICES DISCLOSED IN OUR PRIVACY POLICY, THE USE RESTRICTIONS IN THE ACCEPTABLE USE POLICY AND THE TERMS AND CONDITIONS IN THE ADDITIONAL TERMS. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU CANNOT USE THE SERVICES.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION LAWSUIT, OR CLASS OR COLLECTIVE ARBITRATION.
Please note that we offer the Services “AS IS” and without warranties. If you create an account or use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf.
1. ABOUT THE SITE
Portions of the Services can be viewed without a Nurselynx account. To benefit from all of the Services we offer, you must create a Nurselynx account and provide certain basic information about yourself, which you authorize Nurselynx to use and disclose as described in our Privacy Policy.
You acknowledge that although some Content may be provided by healthcare professionals, the provision of such Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to assist you seek and receive appropriate care from a certified healthcare registered nurse professional, or affiliates thereof (collectively, “Healthcare Professional”). “Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Services and/or Site, including, without limitation, Content provided in direct response to your questions or postings.
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE OR BENEFIT INFORMATION, OR ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL OR ENTITY LISTED OR ACCESSIBLE THROUGH THE SERVICES.
2. WE DO NOT PROVIDE MEDICAL ADVICE
The Content that you obtain or receive from Nurselynx, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, is for informational, scheduling and payment purposes only. All medically related information, including, without limitation, information shared via Nurselynx Answers, the Nurselynx blog, Nurselynx social channels, Nurselynx emails and text messages, and Nurselynx advertising, comes from independent healthcare professionals and organizations and is for informational purposes only.
WHILE WE HOPE THE CONTENT IS USEFUL IN YOUR HEALTHCARE JOURNEY, IT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE Nurse Professional, UNDER ANY CIRCUMSTANCE. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND 911. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF NURSING, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.
We do not recommend or endorse any specific tests, Healthcare Professionals, procedures, opinions, or other information that may appear through the Services. If you rely on any Content, you do so solely at your own risk. We encourage you to independently confirm any Content relevant to you with other sources, including the Healthcare Nurse Professional’s office, medical associations relevant to the applicable specialty, your state medical boards, and the appropriate licensing or certification authorities to verify listed credentials and education.
3. NO NURSE PATIENT RELATIONSHIP
NURSES, AND OTHER MEDICAL PROFESSIONALS USE THE SERVICES TO SHARE CONTENT WITH YOU, BUT YOUR USE OF THIS CONTENT IS NOT A SUBSTITUTE FOR HEALTHCARE. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICES OR CONTENT. THIS IS TRUE WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM Nurselynx INCLUDING, WITHOUT LIMITATION, THE “FIND A NURSE” FEATURE, Nurselynx ANSWERS, Nurselynx BLOG, Nurselynx SOCIAL CHANNELS, Nurselynx EMAILS OR TEXT MESSAGE LINKS TO OTHER SITES, OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE HEALTHCARE Nurse Professional IN ANY FIELD.
Nurselynx encourages Healthcare Professionals to use the Services responsibly, but we have no control over, and cannot guarantee the availability of, any Healthcare Nurse Professional at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury or loss resulting therefrom, or for any other injury or loss resulting or arising from, or related to, the use of the Site or Services whatsoever.
4. AUTHORIZATION AND ACKNOWLEDGEMENT; IMPORTANT INFORMATION ABOUT HEALTHCARE Nurse Professional RELATIONSHIPS AND HEALTHCARE Nurse Professional LISTS
In connection with using the Site and the Services to locate and schedule appointments with Healthcare Professionals, you understand that:
YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE Nurse Professional, INCLUDING WITHOUT LIMITATION, DETERMINING WHETHER THE APPLICABLE HEALTHCARE Nurse Professional IS SUITABLE FOR YOUR HEALTHCARE NEEDS BASED ON SPECIALTY, EXPERIENCE, QUALIFICATION, LICENSES AND OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD IMPACT YOUR CARE.
Nurselynx or its designee takes certain limited steps to (a) verify that Healthcare Professionals participating in the Services hold certain active licenses, certifications or registrations required by law to practice the specialties of the services offered by them through the Services, and (b) verify that Healthcare Professionals are not listed in the U.S. Department of Health and Human Services Office of the Inspector General Exclusion database. Nurselynx may also exclude Healthcare Professionals from our Services who, in Nurselynx’s discretion, have engaged in inappropriate or unprofessional conduct.
Some Healthcare Professionals listed through the Services enter into contracts with us, and may pay us a fee in order to be marketed through or to use the Services. To help you find Healthcare Professionals who may be suitable for your needs, and enable the maximum choice and diversity of Healthcare Professionals participating in the Services, we will provide you with lists and/or profiles of Healthcare Professionals. These results are based on information that you provide to us, such as insurance information, geographical location, and healthcare specialty. They may also be based on other criteria (including, for example, Healthcare Nurse Professional availability, past selections by and/or ratings of Healthcare Professionals by you or by other Nurselynx users, and past experience of Nurselynx users with Healthcare Professionals). Note that Nurselynx (a) does not recommend or endorse any Healthcare Professionals, (b) does not make any representations or warranties with respect to these Healthcare Professionals or the quality of the healthcare services they may provide, and (c) does not receive any additional fees from Healthcare Professionals for featuring them (i.e., higher or better placement on lists) through the Services (subject to Sponsored Results as described below). Note, however, to the extent that you use the Services as provided by your employer, Nurselynx may provide lists and/or profile previews based also on criteria determined by your employer and your employer’s agents or advisors. In addition, to the extent that Nurselynx serves as a platform for, or provides technical support to, the Nurse Professional directory associated with your health coverage, Healthcare Professionals will appear in the directory based on criteria determined by your health plan or plan sponsor, as applicable.We may show you advertisements or sponsored results (“Sponsored Results”) on the Site, including above the search results. Nurselynx receives additional fees from Healthcare Professionals for providing Sponsored Results. Sponsored Results shown through the Services are not, and should not be considered, an endorsement or recommendation by Nurselynx of the Healthcare Nurse Professional.
5. THE SERVICES AND CONTENT ARE INFORMATIONAL AND EDUCATIONAL RESOURCES
The Services are an informational and educational resource for consumers and Healthcare Professionals. We may, but have no obligation to, publish Content through the Services that is reviewed by our editorial personnel. No party (including Nurselynx) involved in the preparation or publication of such works guarantee that the Content is timely, accurate or complete, and they will not be responsible or liable for any errors or omissions in, or for the results obtained from the use of, such Content.
Healthcare Nurse Professional Content:
Healthcare Nurse Professional and practice Content is intended for general reference purposes only. Healthcare Nurse Professional Content may be provided by the Healthcare Nurse Professional and/or office staff, and collected from multiple other data sources that may not be confirmed by the Healthcare Nurse Professional. Such Content can change frequently and may become out of date, incomplete or inaccurate. Neither the Site nor Nurselynx provides any advice or qualification certification about any particular Healthcare Nurse Professional.
Procedures/Products/Services:
Procedures, products, services and devices discussed and/or marketed through the Services are not applicable to all individuals, patients or all clinical situations. Any procedures, products, services or devices represented through the Services by advertisers, sponsors, and other participants of the Services, either paid or unpaid, are presented for your awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success.
Insurance Content:
Insurance and insurance related Content (including, without limitation, insurance coverage and benefit Content) (“Insurance Content”) is intended for general reference purposes and for your convenience only. Such Insurance Content may be based on Personal Information (as defined below) you provide to us as well as Healthcare Nurse Professional Content (such as CPT codes and other encounter data). The Insurance Content may be provided either directly by the insurance Nurse Professional you identify or via a third-party clearinghouse. Insurance Content can change frequently and may become out of date, incomplete or inaccurate. You agree that you will (a) provide accurate and complete insurance-related Personal Information, and (b) verify and update your insurance-related Personal Information (including, without limitation, verifying such Personal Information obtained by automated means from an insurance card you provide). Although Nurselynx strives to provide you with accurate Insurance Content, we are not responsible for any inaccurate, incomplete or outdated Insurance Content, and you are responsible for complying with subparts (a) and (b) hereof.
6. YOUR PERSONAL INFORMATION
Protecting patient privacy and keeping your information secure are among our biggest priorities. Our Privacy Policy details how we may use, share, and maintain the information that you voluntarily share with Nurselynx, which may include, without limitation, your name, address, social security number and contact information, insurance information, medical history and current medical needs, billing information, and other personally identifiable information (collectively, “Personal Information”).
You may elect to enter information into a medical history form (“Medical History Form”) on behalf of yourself or a third party from whom you have authorization to provide such information. You can request (and in doing so, authorize) Nurselynx to provide this information to your chosen Healthcare Nurse Professional. You acknowledge and agree that such information will be reviewed and approved by you or someone authorized by you at the time of your appointment to ensure its accuracy. You also acknowledge that Nurselynx may use the data or information you provide in a Medical History Form in accordance with our Privacy Policy.
7. YOUR RESPONSIBILITIES
7.1 Your Account Credentials
When you create a Nurselynx account, you will provide an email address and create a password (collectively, “Credentials”). You should keep your Credentials private and not share your Credentials with anyone else. You must immediately notify us if your password has been stolen or compromised by sending an email to service@Nurselynx.com. You may also be able to connect to the Services through a third party service, such as Facebook or Google. If you connect to the Services through a third party service, you give us permission to access and use your information from such third party service as permitted by such third party service, and to store your log-in credentials for such third party service. Nurselynx has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed by any such third party.
7.2 Your Responsibilities Generally
The Services are free, but you are still responsible for your healthcare expenses. Usual, customary and any other charges for any medical or related services rendered by Healthcare Professionals will apply and will be entirely your responsibility. You are responsible for ensuring that all information that you provide to Nurselynx is accurate and up-to-date, including your insurance information. Some Services may not be available through Nurselynx or your Healthcare Nurse Professional depending upon a number of factors, including your insurance participation. Ultimately, you must resolve any dispute between you or any Healthcare Nurse Professional arising from any transaction hereunder directly with the Healthcare Nurse Professional.
You are responsible for all use of the Services and for all use of your Credentials, including use by others to whom you have given your Credentials. You may only use the Site and the Services for lawful, non-commercial purposes. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. You may not accumulate or index, directly or indirectly, any Content or portion of the Site and/or Services (including, without limitation, Healthcare Nurse Professional Content, appointment availability, price information, and Insurance Content) for any purpose whatsoever.
You are also responsible for reviewing and complying with the terms set forth in our Acceptable Use Policy.
In addition to our rights in these Terms of Use, we may take any legal action and implement any technological measures to prevent violations of the restrictions hereunder and to enforce these Terms of Use or our Acceptable Use Policy.
7.3 Responsibilities of Healthcare Professionals and Others in the Healthcare or Medical Industries
If you are a Healthcare Nurse Professional or other person or entity in the healthcare or medical industries, regardless of whether you maintain an account with Nurselynx or whether you schedule or intend to schedule appointments (including appointments for Designated Nurse Professional Services, as defined in the Additional Terms) through the Services, you acknowledge and agree that:
(a) You will not use the Services to view, access or otherwise use, directly or indirectly, price, availability, or other Content for any purpose other than your own personal use as a patient or prospective patient.
(b) You will not use the Services to establish, attempt to establish, or enforce, directly or indirectly, any agreement or coordination of the prices charged for any product or service; the kinds, frequencies or amounts of any product or service offered; or the customer or customer categories for any product or service, or otherwise engage or attempt to engage in price fixing, output restriction, or customer or market allocation.
(c) You will not use the Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.
8. CHANGES TO THE SERVICES; NEW SERVICES; ADDITIONAL TERMS
8.1 Changes to the Services; New Services
We may from time to time add new features to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Under no circumstances will Nurselynx be liable for any suspension or discontinuation of any of the Services or portion thereof, and the use of new services will be governed by this Agreement.
8.2 Additional Terms
Some Services may have additional terms (including, without limitation, policies, guidelines, and rules) that will further govern your use of that particular Service, and supplement this Agreement. If you choose to register for, access or use any such Services, you may be presented with such additional terms, which may also be found in the Additional Terms. By using those Services, you agree to comply with any such additional terms, which are incorporated by reference into this Agreement.
9. LINKS TO OTHER WEBSITES
While using the Services, you may encounter links to other websites. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites. Although we attempt to link to trustworthy websites, it is possible that they will contain materials that are objectionable, unlawful, or inaccurate and we will not be responsible or liable for the legality or decency of material contained in or accessed through such other websites.
10. CONTENT YOU POST OR SUBMIT
You will have the opportunity to submit feedback regarding your experiences with Healthcare Professionals you find through the Services, to submit inquiries concerning possible medical needs and to participate in the other interactive or community features of the Site (collectively, “Posted Information”). It is important that you act responsibly when providing Posted Information. Your Posted Information must comply with our Acceptable Use Policy, and your Healthcare Nurse Professional reviews must comply with our guidelines for reviews found at https://Nurselynx.com/verifiedreviews.
Nurselynx reserves the right to investigate and, at our discretion, take appropriate legal action against anyone who violates these Terms of Use or the Acceptable Use Policy, including without limitation, removing any offending communication from the Services and terminating the account of such violators or blocking your use of the Services.
By posting Posted Information through the Services, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, to Nurselynx and its contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information.
11. YOUR USE OF CONTENT
All of the Content is owned by us or our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Nurselynx’s proprietary information. We give you permission to use the Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the Content, or exploit the Site or Services in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly provided herein, neither Nurselynx nor its suppliers grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by Nurselynx to you are retained by Nurselynx.
12. DISCLAIMER
We created Nurselynx to improve patients’ healthcare experience, and we want your experience with Nurselynx to be exceptional. While we work hard to make that happen, you acknowledge that we have no control over, and no duty to take any action regarding: (a) which users gain access to the Site and/or the Services, (b) what Content you access, (c) what effects the Content may have on you, (d) how you may interpret or use the Content, or (e) what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired, you having not acquired, or your use of Content. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services. We have no special relationship with or fiduciary duty to you. WE PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, Nurselynx MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. Nurselynx DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
13. GENERAL LIMITATION OF LIABILITY
WHILE WE’RE ALWAYS IMPROVING, AND WE HOPE YOU HAVE AN EXCELLENT EXPERIENCE WITH Nurselynx, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO CREATE OR MAINTAIN AN ACCOUNT WITH THE SITE OR THE SERVICES, OR (b) $100; EXCEPT THAT, FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE TRANSACTION PROCESSING SERVICES (AS DEFINED IN THE ADDITIONAL TERMS), IN NO EVENT SHALL OUR CUMULATIVE LIABILITY THEREOF REGARDLESS OF THE FORM OF ACTION EXCEED THE TOTAL AMOUNT OF TRANSACTION PROCESSING FEES (AS DESCRIBED IN THE ADDITIONAL TERMS), IF ANY, REMITTED TO AND RETAINED BY Nurselynx FOR PROVIDING TRANSACTION PROCESSING SERVICES FOR APPOINTMENTS MADE BY YOU IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE APPLICABLE CLAIM.
IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF HEALTHCARE Professionals UTILIZED THROUGH USE OF THE SERVICES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU ARE A Delaware RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO Delaware CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
14. TERMINATION
If you’re not using the Service appropriately, we’ll want to work with you to set things straight. But we reserve the right, if we determine it is best, to terminate, suspend and/or deactivate your account immediately, without notice, if there has been a violation of this Agreement or other policies and terms posted on the Site or through the Services by you or by someone using your Credentials. We may also terminate, suspend or deactivate your account for any other reason, including inactivity for an extended period. Nurselynx shall not be liable to you or any third party for any termination, suspension or deactivation of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such termination, suspension or deactivation (except where deactivation is due solely to inactivity, and you are permitted to create another account). Sections 1, 2, 3, 4, 6, 8, 10, 11, 12, 13, 14, 15, and 16 shall survive any termination or expiration of these Terms of Use.
15. INDEMNIFICATION
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent and other affiliates, from all liabilities, claims, demands and expenses, including attorney’s fees, that arise from or are related to (a) your use of the Site and/or Services, or (b) the violation of this Agreement (including without limitation the Terms of Use, the Acceptable Use Policy, and the Additional Terms), or of any intellectual property or other right of any person or entity, by you or any person using your Credentials. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
16. MISCELLANEOUS
16.1 Electronic Contracting; Copyright Dispute
Your affirmative act of using the Services and/or creating an account constitutes your electronic signature to this Agreement, which includes our Privacy Policy, Acceptable Use Policy and Additional Terms, and your consent to enter into such agreements with us electronically.
Please review our Acceptable Use Policy for our copyright dispute policy.
16.2 Changes to These Terms of Use
We may change these Terms of Use and the other documents that are part of the Agreement at any time, as we reasonably deem appropriate. Upon any such change, we will post the amended terms on the Site; we may also attempt to notify you in some other way. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the Terms of Use or other applicable Agreement document, the modification, and agreement to abide and be bound by the Terms of Use or other applicable Agreement document, as amended. We encourage you to periodically review these Terms of Use and the Agreement. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THESE TERMS OF USE OR THE AGREEMENT, INCLUDING FOLLOWING ANY SUCH MODIFICATIONS HERETO, THEN YOU MUST STOP USING THE SITE AND THE SERVICES.
16.3 Limitation of Claims
No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.
16.4 Choice of Law; Arbitration Clause and Class Action Waiver – Important – Please Review as This Affects Your Legal Rights
We hope that we can work out any disagreements you might have with Nurselynx. But if there is a dispute that needs to be further resolved, that process will take place according to this section. This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of New York as applied to contracts made and to be performed entirely within New York, without giving effect to the state’s conflicts of law statute. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this Agreement to arbitrate. YOU ARE WAIVING THE ABILITY TO PARTICIPATE AS A CLASS REPRESENTATIVE OR MEMBER IN ANY CLASS OR COLLECTIVE CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS OR COLLECTIVE ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use or the Agreement.
16.5 Severability
In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired. Further, the invalid, illegal or unenforceable provision shall be replaced by a provision that comes closest to the intention of the parties that underlie the invalid, illegal or unenforceable provision, except to the extent no such provision is valid, legal and enforceable, in which case such invalid, illegal or unenforceable provision shall be limited or eliminated to the minimum extent necessary so that the other provisions of this Agreement remain in full force and effect and enforceable.
16.6 Entire Agreement
This Agreement and any supplemental terms, policies, rules and guidelines posted through the Services, each of which are incorporated herein by reference, including the Privacy Policy, the Acceptable Use Policy and the Additional Terms, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Nurselynx to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
16.7 Headings
The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.
16.8 Assignment
We may assign this Agreement at any time, including, without limitation, to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.
16.9 Eligibility
You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to create an account with us or use the Site and the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only under the supervision of your parent or guardian who has agreed to these Terms of Use. Those under the age of 13 may not use the Site or Services. Parents or legal guardians of a child under the age of 18 may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child, and that all references in these Terms of Use to “you” shall refer to such child or such other individual on whose behalf you have authorization to enter into these Terms of Use and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual.
If you do not qualify under these Terms of Use, do not use the Site or Services. Use of the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use. The Site is administered in the U.S. and intended for U.S. users only; any use outside of the U.S. or use related to activities outside of the U.S. is prohibited and at the user’s own risk. Users are responsible for compliance with any local, state or federal laws applicable to their use of the Services or the Site.
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Privacy Policy
Effective date: December 1, 2020
At Nurselynx, Inc. (“Nurselynx,” “we,” or “us”), our most important value is ‘Patients First’, which means that we are committed to protecting your privacy and we take great care with your personal information that we gather when you access or use Nurselynx.com and related websites, applications, and services owned and operated by Nurselynx and that link to this Privacy Policy (collectively, the “Services”). This Privacy Policy is meant to help consumers that use our Services to explore Professionals or book appointments (“Consumers”) and Professionals and health systems that use our marketing services (“Clients,” and collectively with Consumers, “you,” or “your”) understand how we treat your personal information. BY USING OR ACCESSING THE SERVICES IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU ACCEPT THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY, AND YOU HEREBY CONSENT THAT WE WILL COLLECT, USE, AND SHARE YOUR INFORMATION IN THE FOLLOWING WAYS. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, YOU MAY NOT USE THE SERVICES. IF YOU USE THE SERVICES ON BEHALF OF SOMEONE ELSE (SUCH AS YOUR CHILD) OR AN ENTITY (SUCH AS YOUR EMPLOYER), YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH INDIVIDUAL OR ENTITY TO ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF. A Consumer’s use of Nurselynx’s Services is at all times subject to the Agreement (as the term “Agreement” is defined in our Terms of Use, which incorporates this Privacy Policy). You may print a copy of this Privacy Policy by clicking here. You can also learn more at Nurselynx.com/trust. Thank you so much for choosing Nurselynx.
Privacy Policy Table of Contents
HIPAA and PHI
Personal Data
Consumer Personal Data
Categories of Personal Data We Collect
Categories of Sources of Personal Data
Commercial or Business Purposes for Collecting Data
How We Share Your Personal Data
Client Personal Data
Categories of Personal Data We Collect
Categories of Sources of Personal Data
Commercial or Business Purposes for Collecting Data
How We Share Your Personal Data
Tracking Tools, Advertising and Opt-Out
Data Security and Retention
Children’s Privacy
How We Use Information That is Neither Personal Data nor PHI
Controlling Your Personal Data & Notifications
Delaware Rights
Changes to this Privacy Policy
Contact Information
HIPAA and PHI
Certain demographic, health and/or health-related information that Nurselynx collects about Consumers as part of providing the Services to our Clients may be considered “protected health information” or “PHI” under the Health Insurance Portability and Accountability Act (“HIPAA”). Specifically, when Nurselynx, acting as a “Business Associate” (as such term is defined in HIPAA) receives identifiable information about a Consumer from or on behalf of a Client, or Customer’s Nurse, Nurse practitioner or other healthcare professional, organization or agent or affiliate thereof (collectively, “Healthcare Professionals”), this information is considered PHI. Personal data that a Consumer provides to Nurselynx outside of the foregoing context is not PHI. For example, when you provide information directly to us, such as when creating an account or using our interactive tools and services, searching for Healthcare Professionals or available appointments with Healthcare Professionals, and completing medical history forms (“Medical History Forms”); or when you voluntarily provide information in free-form text boxes through the Services or through responses to surveys and questionnaires, or post reviews; or when you send us an email or otherwise contact us, that information is not PHI.
HIPAA provides specific protections for the privacy and security of PHI and restricts how PHI is used and disclosed. Nurselynx may only use and disclose PHI in the ways permitted by a Consumer’s Healthcare Nurse Professional(s) or authorized by a Consumer.
Personal Data
The following subsections detail the categories of Personal Data that we collect and have collected over the past twelve (12) months. “Personal Data” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules or regulations. For each category of Personal Data, these subsections also set out the source of that Personal Data, our commercial or business purpose for collecting that Personal Data and the categories of third parties with whom we share that Personal Data. More information regarding those sources and categories are set forth below.
Consumer Personal Data
THE FOLLOWING SUBSECTIONS APPLY ONLY TO CONSUMERS. IF YOU ARE A CLIENT, PLEASE SEE THE CLIENT PERSONAL DATA SECTION BELOW.
Categories of Personal Data We Collect
Payment Information
Examples of Personal Data Collected:
Payment card type
Last four digits of payment card
Billing contact
Billing email
Source:
You
Third Parties with Whom We Share Data for Business Purposes:
Service Professionals
Device/IP Information
Examples of Personal Data Collected:
IP address
Device ID
Domain server
Type of device/operating system/browser used to access the Services
Source:
You
Third Parties
Third Parties with Whom We Share Data for Business Purposes:
Service Professionals
Ad Networks
Third-Party Business Partners You Access Through the Services
Web Analytics
Examples of Personal Data Collected:
Web page interactions
Referring webpage/source through which you access the Services
Non-identifiable request IDs
Statistics associated with the interaction between device or browser and the Services
Source:
You
Third Parties
Third Parties with Whom We Share Data for Business Purposes:
Service Professionals
Ad Networks
Third-Party Business Partners You Access Through the Services
Geolocation Data
Source:
You
Third Parties
Third Parties with Whom We Share Data for Business Purposes:
Service Professionals
Ad Networks
Third-Party Business Partners You Access Through the Services
Other Identifying Information That You Voluntarily Choose to Provide
Examples of Personal Data Collected:
Unique identifiers such as passwords
Personal Data in emails or letters you send to us
Source:
You
Third Parties with Whom We Share Data for Business Purposes:
Service Professionals
Consumer Contact Data
Examples of Personal Data Collected:
First and last name
E-mail
Phone number
Mailing address
Source:
You
Third Parties with Whom We Share Data for Business Purposes:
Service Professionals
Ad Networks
Healthcare Professionals
Insurance Professionals
Health Information Exchanges
Parties You Authorize, Access or Authenticate
Consumer Demographic Data
Examples of Personal Data Collected:
Gender
Age
Date of birth
Zip code
Race
Ethnicity
Source:
You
Third Parties with Whom We Share Data for Business Purposes:
Service Professionals
Ad Networks
Healthcare Professionals
Health Information Exchange
Source:
You
Third Parties with Whom We Share Data for Business Purposes:
Nurse Professionals
Healthcare organizations
Source:
You
Third Parties with Whom We Share Data for Business Purposes:
Service Professionals
Healthcare Professionals
Health Information Exchanges
Parties You Authorize, Access or Authenticate
Booking Appointment Data
Examples of Personal Data Collected:
Appointment date/time
Nurse Professional information
Appointment procedure
Whether or not user is a new patient for a particular Nurse Professional
Source:
You
Healthcare Professionals
Third Parties with Whom We Share Data for Business Purposes:
Service Professionals
Healthcare Professionals
Health Information Exchanges
Social Network Data
Examples of Personal Data Collected:
E-mail
Phone number
Username
IP address
Device ID
Source:
You
Third Parties
Third Parties with Whom We Share Data for Business Purposes:
Service Professionals
Ad Networks
Parties You Authorize, Access or Authenticate
Categories of Sources of Personal Data
You
When You Provide Information Directly to Us
When you create an account or use our interactive tools and services, such as searching for Healthcare Professionals or available appointments with Healthcare Professionals and completing Medical History Forms prior to Healthcare Nurse Professional appointments.
When you voluntarily provide information in free-form text boxes through the Services or through responses to surveys and questionnaires, or post reviews.
When you send us an email or otherwise contact us.
When Personal Data is Automatically Collected When You Use the Services
Through Cookies (defined below).
If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services, such as information regarding when you are logged on and available to receive updates or alert notices.
If you download our mobile application or use a location-enabled browser, we may receive information about your location and mobile device, as applicable.
Third Parties
Service Professionals
We may use analytics service Professionals to analyze how you interact and engage with the Services, or third parties may help us provide you with customer support.
We may use service Professionals to obtain information to generate leads and create user profiles.
Advertising Partners
We receive information about you from some of our service Professionals who assist us with marketing or promotional services related to how you interact with our websites, applications, products, services, advertisements or communications.
Healthcare Professionals
We may receive certain data from your Healthcare Nurse Professional or Clients to facilitate Consumer booking of appointments.
Social Networks
If you provide your social network account credentials to us or otherwise sign in to the Services through a third-party site or service, you understand some content and/or information in those accounts may be transmitted into your account with us.
Commercial or Business Purposes for Collecting Data
Providing, Customizing, and Improving the Services
Creating and managing your account or other user profiles, billing.
Providing you with the products, services and information you request.
Meeting or fulfilling the reason you provided the information to us.
Providing support and assistance for the Services.
Improving the Services, including testing, research, internal analytics, and product development.
Personalizing the Services, website content and communications based on your preferences.
Fraud protection, security and debugging.
Marketing the Services
Marketing and selling the Services.
Showing you advertisements, including interest-based or online behavioral advertising.
Corresponding with You
Responding to correspondence that we receive from you, contacting you when necessary or requested, including to remind you of an upcoming appointment, and sending you information about Nurselynx or the Services.
Sending emails and other communications that display content that we think will interest you and according to your preferences including notifying you about certain resources, Healthcare Professionals or services.
Legal Requirements
Fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.
Protecting the rights, property or safety of you, Nurselynx or another party.
Enforcing any agreements with you.
Responding to claims that any posting or other content violates third-party rights.
Resolving disputes.
How We Share Your Personal Data
In certain circumstances, we may share your Personal Data with the following categories of service Professionals and other third parties for the indicated business purposes:
Service Professionals
Payment Processors
Our payment processing partner (currently Stripe, Inc. (“Stripe”)) collects your voluntarily provided payment card information necessary to process your payment.
Please see Stripe’s terms of service and privacy policy for information on its use and storage of personal data.
Security and Fraud Prevention Consultants
Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
Hosting, Technology and Communications Professionals; Fulfillment Professionals; Data Storage Professionals; Analytics Professionals; Insurance Verification Professionals; Staff Augmentation Personnel
To perform operational services (such as hosting, billing, fulfillment, data storage, security, insurance verification, web service analytics) and/or make certain services, features or functionality available to our users.
Debugging to identify and repair errors that impair existing intended functionality.
Short-term, transient use of Personal Data that is not used by another party to build a consumer profile or otherwise alter your consumer experience outside the current interaction.
Performing services on our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service Nurse Professional.
Undertaking internal research for technological development and demonstration.
Undertaking activities to verify or maintain the quality or safety of our services.
Selected Recipients
Ad Networks
Ad customizing and serving.
Auditing related to a current interaction and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
Health Information Exchanges
Health Information Exchanges and related organizations that collect and organize Consumer information (such as Regional Health Information Organizations) to make your information more securely and easily accessible to your Healthcare Professionals. The goal of such organizations is to facilitate access to health information to improve the safety, quality, and efficiency of patient-centered care. More information on Health Information Exchanges can be found here.
Healthcare Professionals
Healthcare Professionals with whom Consumers choose to schedule through the Services. For example, if you complete a Medical History Form using the Services in advance of an appointment and elect to share it with your selected Healthcare Nurse Professional.
If you choose to use the applicable Services, Healthcare Professionals to enable them to refer you to and make appointments with other Healthcare Professionals on your behalf or to perform analyses on potential health issues or treatments.
In the event of an emergency.
Insurance Professionals
To determine eligibility and cost-sharing obligations, and to otherwise obtain benefit plan information on your behalf.
Parties You Authorize, Access or Authenticate
Third-Party Business Partners You Access Through the Services
We will share certain Personal Data if you choose to use any service to log in to the Services.
To meet or fulfill the reason you provided the information to us.
Other Users
Any information that you may reveal in a review posting or online discussion or forum is intentionally open to the public and is not in any way private. We recommend that you carefully consider whether to disclose any Personal Data in any public posting or forum. What you have written may be seen and/or collected by third parties and may be used by others in ways we are unable to control or predict. You can learn more about our reviews process at Nurselynx.com/verifiedreviews.
Client Personal Data
THE FOLLOWING SUBSECTIONS APPLY ONLY TO CLIENTS. IF YOU ARE A CONSUMER, PLEASE SEE THE CONSUMER PERSONAL DATA SECTION ABOVE.
Categories of Personal Data We Collect
Payment Information
Examples of Personal Data Collected:
Payment card type
Last four digits of payment card
Billing contact
Billing email
Source:
You
Third Parties with Whom We Share Data for Business Purposes:
Service Professionals
Device/IP Information
Examples of Personal Data Collected:
IP address
Device ID
Domain server
Type of device/operating system/browser used to access the Services
Source:
You
Third Parties
Third Parties with Whom We Share Data for Business Purposes:
Service Professionals
Ad Networks
Third-Party Business Partners You Access Through the Services
Web Analytics
Examples of Personal Data Collected:
Web page interactions
Referring webpage/source through which you access the Services
Non-identifiable request IDs
Statistics associated with the interaction between device or browser and the Services
Source:
You
Third Parties
Third Parties with Whom We Share Data for Business Purposes:
Service Professionals
Ad Networks
Third-Party Business Partners You Access Through the Services
Geolocation Data
Source:
You
Third Parties
Third Parties with Whom We Share Data for Business Purposes:
Service Professionals
Ad Networks
Third-Party Business Partners You Access Through the Services
Other Identifying Information That You Voluntarily Choose to Provide
Examples of Personal Data Collected:
Unique identifiers such as passwords
Personal Data in emails or letters you send to us
Personal information that you disclose over the phone
Source:
You
Third Parties with Whom We Share Data for Business Purposes:
Service Professionals
Client Contact Data
Examples of Personal Data Collected:
First and last name
E-mail
Phone number
Mailing address
Source:
You
Third Parties
Third Parties with Whom We Share Data for Business Purposes:
Service Professionals
Ad Networks
Client Demographic Data
Examples of Personal Data Collected:
Gender
Age
Date of birth
Zip code
Source:
You
Third Parties
Third Parties with Whom We Share Data for Business Purposes:
Service Professionals
Ad Networks
Healthcare Professionals
Insurance Professionals
Health Information Exchanges
Parties You Authorize, Access or Authenticate
Professional License Information
Examples of Personal Data Collected:
Professional licenses
Education history
Specialties and certifications
Source:
You
Third Parties
Third Parties with Whom We Share Data for Business Purposes:
Service Professionals
Categories of Sources of Personal Data
You
When You Provide Information Directly to Us
When you create an account.
When you send us an email or otherwise contact us.
When Personal Data is Automatically Collected When You Use the Services
Through Cookies (defined below).
If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services, such as information regarding when you are logged on and available to receive updates or alert notices.
If you download our mobile application or use a location-enabled browser, we may receive information about your location and mobile device, as applicable.
Third Parties
Service Professionals
We may use analytics service Professionals to analyze how you interact and engage with the Services, or third parties may help us provide you with customer support.
We may use service Professionals to obtain information to generate leads and create user profiles.
Advertising Partners
We receive information about you from some of our service Professionals who assist us with marketing or promotional services related to how you interact with our websites, applications, products, services, advertisements or communications.
Government or Public Records
We may use government or other public records for onboarding or verifying Clients.
Commercial or Business Purposes for Collecting Data
Providing, Customizing, and Improving the Services
Creating and managing your account or other user profiles, billing.
Providing you with the products, services and information you request.
Meeting or fulfilling the reason you provided the information to us.
Providing support and assistance for the Services.
Improving the Services, including testing, research, internal analytics, and product development.
Personalizing the Services, website content and communications based on your preferences.
Fraud protection, security and debugging.
Marketing the Services
Marketing and selling the Services.
Showing you advertisements, including interest-based or online behavioral advertising.
Corresponding with You
Responding to correspondence that we receive from you, contacting you when necessary or requested, including to remind you of an upcoming appointment, and sending you information about Nurselynx or the Services.
Sending emails and other communications that display content that we think will interest you and according to your preferences including notifying you about certain resources, Healthcare Professionals or services.
Legal Requirements
Fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.
Protecting the rights, property or safety of you, Nurselynx or another party.
Enforcing any agreements with you.
Responding to claims that any posting or other content violates third-party rights.
Resolving disputes.
Onboarding Verification
Confirming Professionals have necessary credentials to practice in the state where advertised.
How We Share Your Personal Data
In certain circumstances, we may share your Personal Data with the following categories of service Professionals and other third parties for the indicated business purposes:
Service Professionals
Payment Processors
Our payment processing partner (currently Stripe, Inc. (“Stripe”)) collects your voluntarily provided payment card information necessary to process your payment.
Please see Stripe’s terms of service and privacy policy for information on its use and storage of personal data.
Security and Fraud Prevention Consultants
Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
Hosting, Technology and Communications Professionals; Fulfillment Professionals; Data Storage Professionals; Analytics Professionals; Insurance Verification Professionals; Staff Augmentation Personnel
To perform operational services (such as hosting, billing, fulfillment, data storage, security, insurance verification, web service analytics) and/or make certain services, features or functionality available to our users.
Debugging to identify and repair errors that impair existing intended functionality.
Short-term, transient use of Personal Data that is not used by another party to build a consumer profile or otherwise alter your consumer experience outside the current interaction.
Performing services on our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service Nurse Professional.
Undertaking internal research for technological development and demonstration.
Undertaking activities to verify or maintain the quality or safety of our services.
Selected Recipients
Ad Networks
Ad customizing and serving.
Auditing related to a current interaction and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
Parties You Authorize, Access or Authenticate
Third-Party Business Partners You Access Through the Services
We will share certain Personal Data if you choose to use any service to log in to the Services.
To meet or fulfill the reason you provided the information to us.
THE FOLLOWING SECTIONS APPLY TO BOTH CONSUMERS AND CLIENTS.
Business Transfers
All Personal Data may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.
Tracking Tools, Advertising and Opt-Out
The following sections provide additional information about how we collect your Personal Data.
Information Collected Automatically
The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs, mobile identifiers, and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser and tell us how and when you visit and use our Services. We do this to analyze trends, learn about and advertise to our user base, and operate and improve our Services. For example, we use Cookies to tailor the Services or customize advertisements by tracking navigation habits, measuring performance, storing authentication status so re-entering credentials is not required, customizing user experiences with the Services and for analytics and fraud prevention. Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone, or similar device when you use that device to visit our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s).
We use the following types of Cookies:
Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into the secure areas of our Services. Disabling these Cookies may make certain features and services unavailable.
Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name, and remember your preferences (for example, your choice of language or region).
Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Services such as by collecting information about the number of visitors to the Services, what pages visitors view on our Services, how long visitors are viewing pages on the Services, mouse clicks, mouse movements, scrolling activity, and text typed into the Services. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services’ content for those who engage with our advertising. For example, Google Inc. (“Google”) uses cookies in connection with its Google Analytics services. Google’s ability to use and share information collected by Google Analytics about your visits to the Services is subject to the Google Analytics Terms of Use and the Google Privacy Policy. You have the option to opt-out of Google’s use of cookies by visiting the Google advertising opt-out page at www.google.com/privacy_ads.html or the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout/.
Retargeting/Advertising Cookies. Retargeting/Advertising Cookies collect data about your online activity and identify your interests so that we can provide advertising that we believe is relevant to you. For more information about this, please see the section below titled “Information about Interest-Based Advertisements.”
Web Beacons. Web Beacons (e.g., clear GIFs or pixel tags) are tiny graphic image files embedded in a web page or email that may be used to collect information about the use of our Services, the web services of selected advertisers and the emails, special promotions or newsletters that we send. The information collected by Web Beacons allows us to analyze how many people are using the Services, using selected publishers’ web services or opening emails, and for what purpose, and also allows us to enhance our interest-based advertising (discussed further below).
Mobile Device Identifiers. Mobile device identifiers help Nurselynx learn more about our users’ demographics and internet behaviors. Mobile device identifiers are data stored on mobile devices that may track mobile device and data and activities occurring on and through it, as well as the applications installed on it. Mobile device identifiers enable collection of Personal Data (such as media access control, address and location, and tracking data, including without limitation IP address, domain server, type of device(s) used to access the Services, web browser(s) used to access the Services, referring webpage or other source through which you accessed the Services, other statistics and information associated with the interaction between your browser or device and the Services).
Cross Device Matching. To determine if users have interacted with content across multiple devices and to match such devices, we may work with partners who analyze device activity data and/or rely on your information (including demographic, geographic and interest-based data). To supplement this analysis, we may also provide de-identified data to these partners. Based on this data, we may then display targeted advertisements across devices that we believe are associated or use this data to further analyze usage of Services across devices.
You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You may also be able to reject mobile device identifiers by activating the appropriate setting on your mobile device. You can also delete all Cookies that are already on your computer. Although you are not required to accept Nurselynx’s Cookies, if you block, reject, or delete them, you may have to manually adjust some preferences every time you visit a site and some of the Services and functionalities may not work.
To explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu. To find out more information about Cookies, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/.
Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services that you do not wish such operators to track certain of your online activities over time and across different websites. Not all browsers offer a Do Not Track option and there is currently no industry consensus as to what constitutes a Do Not Track signal. Please note that, for these reasons and because of our use of Cookies, our Services, like many website operators, do not support “Do Not Track” requests sent from a browser at this time. To find out more about “Do Not Track,” you can visit www.allaboutdnt.com.
Information about Interest-Based Advertisements:
We may serve advertisements, and also allow third-party ad networks, including third-party ad servers, ad agencies, ad technology vendors and research firms, to serve advertisements through the Services. These advertisements may be targeted to users who fit certain general profile categories or display certain preferences or behaviors (“Interest-Based Ads”). Information for Interest-Based Ads (including Personal Data) may be provided to us by you, or derived or inferred from the online activity or usage patterns of particular users on the Services and/or services of third parties. Such information may include IP address, mobile device ID, operating system, browser, web page interactions, geographic location and demographic information, such as gender and age range. Such information may be gathered through tracking users’ activities across time and unaffiliated properties, including when you leave the Services. To accomplish this, we or our service Professionals may deliver Cookies, including Web Beacons, from an ad network to you through the Services. Web Beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. This information helps Nurselynx learn more about our users’ demographics and internet behaviors. Web Beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Web Beacons allow ad networks to view, edit or set their own Cookies on your browser, just as if you had requested a web page from their site.
We comply with the Digital Advertising Alliance (“DAA”) Self-Regulatory Principles for Online Behavioral Advertising. Through the DAA and Network Advertising Initiative (“NAI”), several media and marketing associations have developed an industry self-regulatory program to give consumers a better understanding of, and greater control over, ads that are customized based a consumer’s online behavior across different websites and properties. To make choices about Interest-Based Ads from participating third parties, including to opt-out of receiving behaviorally targeted advertisements from participating organizations, please visit the DAA’s or NAI’s consumer opt-out pages, which are located at http://www.networkadvertising.org/choices/ or www.aboutads.info/choices, or install the DAA’s AppChoice app (for iOS; for Android) on your mobile computing device. When you use these opt-out features, an “opt-out” Cookie will be placed on your computer, tablet or mobile computing device indicating that you do not want to receive Interest-Based Ads from NAI or DAA member companies. If you delete Cookies on your computer, tablet or mobile computing device, you may need to opt out again. For information about how to opt out of Interest-Based Ads on mobile devices, please visit http://www.applicationprivacy.org/expressing-your-behavioral-advertising-choices-on-a-mobile-device. You will need to opt out of each browser and device for which you desire to apply these opt-out features.
Please note that even after opting out of Interest-Based Ads, you may still see Nurselynx advertisements that are not interest-based (i.e., not targeted toward you). Also, opting out does not mean that Nurselynx is no longer using tracking tools — Nurselynx still may collect information about your use of the Services even after you have opted out of Interest-Based Ads and may still serve advertisements to you via the Services based on information collected via the Services.
Data Security and Retention
The security of your Personal Data is important to us. We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. We endeavor to follow generally accepted industry standards to protect the Personal Data submitted to us, both during transmission and in storage. For example, the Services use industry standard Secure Sockets Layer (SSL) technology to allow for the encryption of Personal Data. We store and process your information on our servers in the United States and abroad. We maintain what we consider industry standard backup and archival systems. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, for example, by making good faith efforts to store Personal Data in a secure operating environment that is not open to the public, please be aware that no method of transmitting data over the Internet or storing data is completely secure. We cannot and do not guarantee the complete security of any data you share with us, and except as expressly required by law, we are not responsible for the theft, destruction, loss or inadvertent disclosure of your information or content.
If at any time during or after our relationship we believe that the security of your Personal Data may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we will endeavor to notify you as promptly as possible under the circumstances. If we have your e-mail address, we may notify you by e-mail to the most recent e-mail address you have provided us in your account profile. Please keep your e-mail address in your account up to date. You can update that e-mail address anytime in your account profile. If you receive a notice from us, you can print it to retain a copy of it. To receive these notices, you must check your e-mail account using your computer or mobile device and email application software. You consent to our use of e-mail as a means of such notification. If you prefer for us to use the U.S. Postal Service to notify you in this situation, please e-mail us at Privacy@Nurselynx.com. Please include your address when you submit your request. You can make this election any time, and it will apply to notifications we make after a reasonable time thereafter for us to process your request. You may also use this e-mail address to request a print copy, at no charge, of an electronic notice we have sent to you regarding a compromise of your Personal Data.
We retain Personal Data about you consistent with all internal policies and procedures. We may retain Personal Data to comply with our legal obligations, resolve disputes or collect fees owed, or as is otherwise permitted or required by our data retention policies and procedures.
Children’s Privacy
The Services are not directed to or intended for use by children under 13 years of age. If you are a child under the age of 13, please do not attempt to register for or otherwise use the Services or send us any Personal Data. By accessing, using and/or submitting information to or through the Services, you represent that you are not under the age of 13. As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data from children under the age of 13. If we learn that we have received any Personal Data directly from a child under age 13 without first receiving his or her parent’s verified consent, we will use that Personal Data only to respond directly to that child (or his or her parent or legal guardian) to inform the child that he or she cannot use the Services. We will then subsequently delete that child’s Personal Data. If you believe that a child under 13 may have provided us with Personal Data, please contact us at Privacy@Nurselynx.com.
If you are between age thirteen (13) and the age of majority in your place of residence, you may use the Services only with the consent of or under the supervision of your parent or legal guardian. If you are a parent or legal guardian of a minor child, you may, in compliance with the Agreement, use the Services on behalf of such minor child. Any information that you provide us while using the Services on behalf of your minor child will be treated as Personal Data as otherwise provided herein.
If you use the Services on behalf of another person, regardless of age, you agree that Nurselynx may contact you for any communication made in connection with providing the Services or any legally required communications. You further agree to forward or share any such communication with any person for whom you are using the Services on behalf.
How We Use Information That is Neither Personal Data nor PHI
We may use information that is neither Personal Data nor PHI (including non-PHI Personal Data that has been de-identified and/or aggregated) to better understand who uses Nurselynx and how we can deliver a better digital healthcare experience, or otherwise at our discretion.
Controlling Your Personal Data & Notifications
If you are a registered user of the Services, you can modify certain Personal Data or account information by logging in and accessing your account. If you wish to close your account, please email us at Privacy@Nurselynx.com. Nurselynx will use reasonable efforts to delete your account as soon as reasonably possible. Please note, however, that Nurselynx reserves the right to retain information from closed accounts consistent with all internal data retention policies and procedures.
You must promptly notify us if any of your account data is lost, stolen or used without permission.
Delaware Rights
The Delaware Online Privacy and Protection Act (DOPPA) has been in effect since January 1, 2016. This is the second state law regarding online privacy, which appears to suggest a trend where other U.S. states will pass their own privacy acts and regulations. It is similar to the Delaware Online Privacy Protection Act (CalOPPA) but not identical.
please contact us at Privacy@Nurselynx.com and indicate “Delaware Rights” in the subject line of your communication.
Access
You have the right to request certain information about our collection and use of your Personal Data over the past 12 months, including the following:
The categories of Personal Data that we have collected about you.
The categories of sources from which that Personal Data was collected.
The business or commercial purpose for collecting or selling your Personal Data.
The categories of third parties with whom we have shared your Personal Data.
The specific pieces of Personal Data that we have collected about you.
If we have disclosed your Personal Data for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third-party recipient.
If we have sold your Personal Data over the past 12 months, we will identify the categories of Personal Data purchased by each category of third-party recipient.
Deletion
You have the right to request that we delete the Personal Data that we have collected from you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.
Exercising Your Rights
To exercise the rights described above, you must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data, and (2) describes your request in sufficient detail to allow us to understand, evaluate, and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify you and complete your request. You do not need an account to submit a Valid Request.
We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive, or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.
You may submit a Valid Request using the following methods:
Submitting a request by following the instructions found at https://www.Nurselynx.com/privacy-settings
Calling us at: (855) 962-3621
Emailing us at: Privacy@Nurselynx.com
Personal Data Sales Opt-Out
In this section, we use the term ‘sell’ as it is defined in the CCPA. We sell your Personal Data, subject to your right to opt-out of these sales.
We sell your Personal Data to the following categories of third parties:
Advertisers
Over the past twelve months, we have sold the following categories of your Personal Data to third parties:
Demographic Data
Web analytics or other similar network activity information
You have the right to opt-out of the sale of your Personal Data. You can opt-out using the following methods:
Submitting a request by following the instructions found at https://www.Nurselynx.com/privacy-settings
Emailing us at: Privacy@Nurselynx.com
We do not sell the Personal Data of minors under 16 years of age without affirmative authorization.
We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA
We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates, or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.
Other Delaware Resident Rights
On August 17, 2017, Delaware amended its personal information protection law, Delaware Code Title 6, Chapter 12B. The amendment becomes effective 240 days after enactment or March 14, 2018. The amended law significantly enhances the protections afforded Delaware residents whose personal information has been – or is reasonably believed to have been – breached, by adding obligations on the part of a person or entity who conducts business in Delaware or owns, licenses and maintains “personal information” as the Delaware law defines the term. The major changes to the law are as follows:
Definition of “Personal Information.” The amended law greatly expands the definition of “personal information” under Delaware law to include passport numbers, usernames and email addresses, including passwords and answers to security questions, driver’s license numbers, and mental health, physical condition, medical information, health insurance numbers, DNA information, unique biometric data, and tax payer identification numbers.
Disclosure of Breach. The current Delaware statute requires notice to a Delaware resident of a breach of security of computerized personal information if the owner or licensee of the data determines that the data was misused or is reasonably likely to be misused. Notice is required without unreasonable delay, but no specific time period is set. Under the amended law, following a determination of a breach, any person or entity who conducts business in Delaware or who owns or licenses computerized data containing personal information must provide notice of any breach of security to any Delaware resident whose personal information was breached or is reasonably believed to have been breached, except if the owner or licensee determines that the breach is unlikely to result in harm to the individual whose personal information was breached. In addition, the new statute imposes a deadline for notice: those affected by the breach must be notified no later than sixty days after discovery of the breach. In addition, if more than 500 Delaware residents must be notified, the owner or licensee must also provide notice of the breach to the Attorney General by the time notice is provided to the resident.
please contact us at Privacy@Nurselynx.com.
Changes to this Privacy Policy
We reserve the right to amend our Privacy Policy at our discretion and at any time. When we make changes to the Privacy Policy, we will notify you by email or through a notice on our website homepage. Use of the information we collect is subject to the Privacy Policy in effect at the time such information is collected.
Contact Information
If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data, your choices and rights regarding such use, please do not hesitate to contact us at:
Email: Privacy@Nurselynx.com
Address: Nurselynx, Inc., 16192 Coastal Highway, Lewes, Delaware 19958 USA
Phone: (855) 962-3621
Fax: (800) 701-9607
Acceptable use policy
Effective Date: December 1st 2020
Here at Nurselynx, we’re committed to making our service safe, caring, and accessible for everyone. That’s why we created this document, which explains the rules for using Nurselynx. Thank you for reading, and for helping us deliver a better healthcare experience!
This Acceptable Use Policy (“AUP”) is incorporated by reference into Nurselynx, Inc.’s (“Nurselynx,” “we,” or “us”) Terms of Use and governs your use of the Site and Services (as such terms are defined in the Terms of Use). Any capitalized term used but not defined in this AUP shall have the meaning in our Terms of Use. BY USING OR OTHERWISE ACCESSING THE SERVICES, AND/OR BY REGISTERING WITH US, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AUP, UNDERSTAND ITS TERMS, AND AGREE TO BE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH THIS AUP, YOU CANNOT USE THE SERVICES.
1. RESTRICTED USES
You agree not to use the Services in any unlawful, infringing, tortious or harmful manner; in any way that violates another party's intellectual property, privacy or other rights; or in any way that otherwise interferes with the operation, use or enjoyment of any service, system or other property.
Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
copy, modify, adapt, translate, or reverse engineer any Content (as defined in the Terms of Use) or portion of the Site, its content or materials and/or the Services;
remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any Content;
use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services;
access or retrieve any Content or portion of the Site and/or the Services for purposes of constructing or populating a searchable database of reviews or other Content related to the healthcare industry or Healthcare Professionals (as defined in the Terms of Use);
reformat or frame any Content or portion of the web pages that are part of the Site and/or the Services;
fraudulently or intentionally misuse the Services, including without limitation scheduling an appointment with a Healthcare Nurse Professional which you do not intend to keep, or scheduling an appointment for Designated Nurse Professional Services (as defined in the Additional Terms) which you do not intend to pay using the Transaction Processing Services (as defined in the Additional Terms);
create user accounts, book appointments or submit Posted Information by automated means or under false or fraudulent pretenses;
collect or store personal data about other users in connection with the prohibited activities described in this paragraph; or
use any means, including software means, to conduct web scraping of any portion of the Site, its content or materials and/or the Services.
No Spam.
You may not use contact information provided by our users or Healthcare Professionals, or harvest such information for the purpose of sending, or to facilitate the sending of, unsolicited bulk communications, such as SPAM. You may not allow others to use your account to violate the terms of this section. We may immediately terminate your registration or access to the Services and take other legal action if you or anyone using your Credentials violates these provisions.
2. USER CONTENT
Pursuant to the Terms of Use, you may submit feedback, submit inquiries and to participate in the other interactive and community features of the Site (collectively “Posted Information”). In providing feedback, please give clear, honest information about the Healthcare Nurse Professional and your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity. When participating in interactive or community aspects of the Service, please do not post any information that another user or Healthcare Nurse Professional may use to individually identify you, but please do include all relevant information in a concise manner to help us provide you with a helpful response.
We reserve the right to publish your Posted Information as part of the Services and to also remove your Posted Information for any reason. We are not, however, responsible for any failure or delay in posting or removing Posted Information. Keep in mind that the Posted Information of others is simply opinion and should not be relied on.
Without limiting the generality of the foregoing:
You are solely responsible for any Posted Information that you submit, publish or display through the Services or transmit to other members and/or other users of the Site.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
You may not provide any Posted Information that falsely expresses or implies that such content or material is sponsored or endorsed by Nurselynx.
You may not provide any Posted Information that is unlawful or that promotes or encourages illegal activity.
You understand and agree that Nurselynx may (but is not obligated to) review and delete any Posted Information that in the sole judgment of Nurselynx violates the Terms of Use or this AUP, or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Services and/or other website users.
You agree that you will only provide Posted Information that you believe to be true.
You may not submit Posted Information that:
is false, deceptive or misleading;
harasses or advocates harassment of another person;
involves the transmission of unsolicited mass mailing or "spamming";
violates, infringes or misappropriate the intellectual property or other rights of any person;
violates antitrust, competition, or consumer protection laws;
is threatening, abusive, obscene, defamatory or libelous; or
is pornographic or sexually explicit in nature.
The foregoing is a partial list of the kind of content and communications that are illegal or prohibited on/through the Site. Nurselynx reserves the right to investigate and take appropriate legal action in accordance with the Terms of Use.
3. COPYRIGHT DISPUTE POLICY
Nurselynx adopts the general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA) (http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Nurselynx’s Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section.
Nurselynx Policy.
Our policy is to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content Professionals, members or other users; and (b) remove and discontinue Service to repeat offenders.
Procedure for Reporting Copyright Infringements.
If you believe that material or content residing on or accessible through the Site or the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Nurselynx is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, email address;
A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Upon Receipt of a Bona Fide Infringement Notification.
Once a Proper Bona Fide Infringement Notification is received by the Designated Agent, it is Nurselynx’s policy:
to remove or disable access to the infringing material;
to notify the content Nurse Professional, member or user that it has removed or disabled access to the material; and
for repeat offenders, to terminate such content Nurse Professional's, member's or user's access to the Service.
Procedure to Supply a Counter-Notice to the Designated Agent.
If the content Nurse Professional, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content Nurse Professional, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content Nurse Professional, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
A physical or electronic signature of the content Nurse Professional, member or user;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that the content Nurse Professional, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
The content Nurse Professional's, member's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content Nurse Professional's, member's or user's address is located, or if the content Nurse Professional's, member's or user's address is located outside the United States, for any judicial district in which Nurselynx is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
Removal.
If a counter-notice is received by the Designated Agent, Nurselynx may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content Nurse Professional, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Nurselynx’s discretion.
Address for Designated Agent. Please contact Nurselynx’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
Copyright Agent, Nurselynx, Inc.
Email to: legal@Nurselynx.com
4. UPDATES AND CHANGES TO THE ACCEPTABLE USE POLICY
The effective date of this Acceptable Use Policy is set forth at the top of this webpage. We will notify you of any material change by posting notice on this webpage. Your continued use of the Services after the effective date constitutes your acceptance of the amended Acceptable Use Policy. We encourage you to periodically review this page for the latest information on acceptable uses of the Services. The amended Acceptable Use Policy supersedes all previous versions. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS ACCEPTABLE USE POLICY, YOU MUST STOP USING THE SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES.
Reporting criminal activity
IN THE CASE OF AN EMERGENCY
Call 911 when you can do so safely if you witness a situation you believe is an emergency. Remember to note names, descriptions, and locations.
You can also call 911 directly from the Safety Toolkit, which you can access through the shield in the Nurselynx app while you're online. When you call 911 through the Safety Toolkit, you can see your real-time location, both on a map and as an address, so you can verbally share it with the 911 operator.
Nurselynx has teamed up with RapidSOS to pilot 911 integration with local emergency authorities. When a driver (or rider) uses the emergency button in our pilot cities, key details like location, license plate, and the make and model of the car will be automatically sent to the 911 dispatcher.
FOR NON-EMERGENCIES
For non-emergencies and to report potentially suspicious activity that you may have seen when out on the road, call or visit Crime Stoppers website to report an anonymous tip.
REPORT A TIP IN THE UNITED STATES OR IN CANADA:
- Report a tip online: https://www.p3tips.com
- Call to report a tip: 1-800-222-TIPS
Any reports you make through Crime Stoppers are anonymous and will be directed to local law enforcement agencies, when appropriate.
Learn more about Crime Stoppers and tips for reporting crime using the resources below.
Keeping your Nurselynx account safe
WHAT IS PHISHING
Phishing is an attempt to trick you into giving away your account information (email, phone number, and/or password). A successful phishing attempt can result in identity theft and financial loss.
Phishing can occur as an unsolicited call, where the call asks for your account information. It can also occur via text message or email, and may include an attachment or link that leads to a fake login page.
COMMON PHISHING SCAMS
- EXAMPLE 1: Fake "Nurselynx support" calling or texting you to ask for your password and account information
- EXAMPLE 2: Offering Nurselynx credits in exchange for personal information
- EXAMPLE 3: Unsolicited calls asking for account information or texts and email links leading to fake login pages.
- EXAMPLE 4: Websites selling discounted products that ask for your Nurselynx account login
- EXAMPLE 5: Emails or calls asking you to add a gas gift card to your account so that they can cash out your earnings to fake debit cards
HOW TO HELP KEEP YOUR ACCOUNT SECURE
You can help to keep your Nurselynx account safe from phishing by not sharing your password with anyone for any reason. We will never ask for your password, SMS code, banking information, or debit/credit card information over the phone or through email.
Phishing websites are designed to mimic Nurselynx's legitimate websites and may contain fake login portals that look like Nurselynx's. For that reason, making sure the URL in your browser's address bar shows https://Nurselynx.com or https://auth.Nurselynx.com/ before entering your Nurselynx password on any website is best practice.
3 WAYS TO HELP PROTECT YOUR ACCOUNT
- Never share passwords, codes received, or your social security number over email or on phone calls received
- Avoid fake Nurselynx websites. Real Nurselynx websites will always have "Nurselynx.com" in the URL. For example, https://partners.Nurselynx.com or https://Nurselynx.com/help are both authentic
- Avoid letting riders use or access your device when you are on a trip
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