Nursa Terms of Services

 Last Updated | January 2020

I. This product is ours and we’re proud of it

We, Nursa, LLC (“Nursa”) respectively own our platform and all of the text, images, software, trademarks, service marks or other material contained on our websites, digital apps, and any other such tools, materials, or elements otherwise associated with our regular operations (“Our Platform”). You have no rights to, and will not copy or transmit any of Our Platform, except for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices included on Our platform as presented on Our Platform must appear on all copies you print. Other product, service, or company designations on Our Platform belong to their respective owners (“Other Guys”) and may be mentioned in Our Platform for identification purposes only. You should contact the appropriate Other Guys for more complete information regarding such designations and their registration status. Your use of and access to Our Platform do not grant you any license or right to use any of the marks included on Our Platform.

II. Nursa and You – Our Agreement

These terms constitute a legal agreement between Nursa™ (“Nursa”, “we”, “Our Platform”, “Our Platform”) and the client (“you”, “your”). These terms govern your use of Our Platform. For the purposes of these terms, “client” means the company, other organization, and or individual that is using Our Platform. If you are entering into these terms on behalf of a company or other organization, you hereby represent and warrant that you are authorized to enter into these terms on behalf of such company or other organization.

We have the right to monitor your compliance of these terms. If any such monitoring reveals that you have exceeded any usage limitations or otherwise are not using Our Platform in compliance with these terms, then you will remedy any such non-compliance within two (2) business days of receiving notice from us, including, if applicable, through the payment of additional fees.

III. Your data and the Golden Rule

We will use Your Data (“your stuff”) to provide agreed upon service as permitted by these terms; and our Privacy Policy. You acknowledge and agree that in order to provide service, we may: (i) copy your stuff that you store on Our Platform, or on a thirdparty service to which you facilitate our access via an API (“application programming interface” or other means); and (ii) modify and transfer your stuff back to such third party, all subject to such third party’s terms of service governing your stuff. We may retain copies of your stuff, unless you provide us written notice to delete your stuff. You shall have sole responsibility for the accuracy, quality, and legality of your stuff.

We will not have any liability that may result from your disclosure of such information to us. We shall utilize commercially reasonable physical, managerial, and technical safeguards to secure your stuff on Our Platform from unauthorized and unwanted use or disclosure.

We may monitor the performance and use of Our Platform by all of our customers and combine this data (“our stuff”) with other data including Your Stuff and use such combined data in an aggregate manner. You hereby agree that we may collect, use, and publish such aggregate data for the purpose of creating statistics regarding our customer base. Examples of our use of Our Stuff include, but are not limited to, the number of users of Our Platform, revenue, number of transactions, and growth rates.

Nursa will: (a) protect the confidentiality of Your Stuff and confidential information using the same degree of care that it uses with Our Platform and any confidential information, but with no less than reasonable care; (b) not use any of your stuff or confidential information for any purpose outside these terms; and (c) not disclose your stuff and confidential information to any party other than our personnel, contractors, advisors, and agents. If Nursa™ is legally compelled to disclose any of your stuff or confidential information, Nursa™ will provide you prior written notice of such requirement so that you may seek a protective order or other appropriate remedy with these terms.

IV. Here’s how the cookie crumbles

According to these terms which are agreed to have the same force as a signed agreement. You authorize us to use Your Stuff in any way we see fit to benefit Nursa™.

These terms commence on the date you sign up for Our Platform and continue in perpetuity until the end of time. If a contract was signed initiating your relationship with Nursa™, upon reaching the end of your contract length your contract shall automatically renew in perpetuity unless either party provides written notice to the other party of its desire not to renew at least sixty-days (60) prior to the commencement of the applicable term.

Either party may terminate your contract only if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, liquidation, or assignment for the benefit of creditors. These terms, and/or your contract may not otherwise be terminated prior to the end of the contract length outlined in your signed contract.

Upon termination or expiration of your contract, we will stop providing service and access to Our Platform, and you will stop all use of Our Platform. If we terminate your contract we may automatically charge your credit card, all unpaid fees without notice to you.

We may also suspend your contract upon three (3) days’ notice to you if any undisputed payment due to Nursa is over thirty (30) days past due, and such failure to pay will be considered a breach of your contract. We will not suspend service while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If your service is suspended for non-payment, we may charge a re-activation fee. You will also promptly reimburse us for any expenses of collection, including costs, disbursements, and reasonable legal fees we incur, to the extent necessitated by your refusal to pay amounts that you are not disputing in good faith.

V. This is our really boring – but very important Limitation of Liability

We (That is all of us at Nursa™, officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for (a) any damages to or viruses that may infect your computer equipment or other property as the result of your access to Our Platform, your downloading of any content from Our Platform or your use of Our Platform (b) any injury, death, loss, claim, act of God, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of Our Platform, or our content; (ii) any failure or delay (iii) the performance or non-performance by us. Some states do not allow the limitation of liability, so the limitations above may not apply to you if you reside in an applicable state.

VI. This is also very boring – but important; Our Warranty Disclaimer

Nursa™ expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. Nursa™ makes no warranty, and expressly disclaims any obligation, that: (a) Our Platform will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (b) the content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances; (c) the results that may be obtained from the use of Our Platform or any services offered through Our Platform or (d) the quality of any products, services, information, or other material obtained by you through Our Platform will meet your expectations.

VII. This part is for our protection

Subject to these terms, you will defend, indemnify and hold us, and each of our officers, directors, employees and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these terms or the agreements made part of these terms by reference, your use of or access to Our Platform.

You cannot and will not authorize, permit, or invite any third party to: (a) allow anyone other than registered users to access and use Our Platform; (b) use any robot, spider, scraper or other automated means or interface not provided through authorized channels by us to access Our Platform or extract data or gather or use information (c) impersonate or misrepresent your affiliation with any person or entity – this means that you under no circumstances can pretend you are Superman (or anyone else whom you are not) on Our Platform or in your conversations with any of us here at Nursa™; (d) reverse engineer any licensed software, application, or any other aspect of Our Platform or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of Our Platform; or take any action which might impose a significant burden (as determined by us) on Our Platform’s infrastructure, systems, or otherwise interfere with the ordinary operation of Our Platform; (e) remove or modify any proprietary marking or restrictive legends placed on the Platform; (f) frame any part of Our Platform, or link to Our Platform, or otherwise represent that you have a relationship to us or that we have endorsed you or your content for any purpose except as expressly permitted in writing by us to you; (g) use the Platform in violation of any Applicable Law or for any purpose not specifically permitted in these terms.

If at any time Nursa™ considers that you are acting in a manner which is in breach of these terms, Nursa™ may at it’s sole discretion, and with no prior notice to you, take whatever action necessary to reconcile these breaches of these Terms. Should a loss of Nursa™ revenue be discovered, you agree to return that lost revenue in full as determined by Nursa™.

VIII. Pretty much everything else

Nothing contained in these terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint ventures or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these terms without such assignment being considered a change to the Terms and without notice to you. We may modify these terms, at any time, by posting notice on Our Platform. Your continued use of Our Platform, following the posting of notice of any modification will be subject to the Terms in effect at the time of your use. Please review these terms periodically for changes. If you object to any provision of these terms or any subsequent modifications to these terms or become dissatisfied with Our Platform, in any way, your only recourse is to immediately terminate use of Our Platform after payment of the remainder of your contract length in full. Other terms and conditions may apply to our services to you through Our Platform. You will observe these other terms and conditions. If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These terms, together with those agreements made a part of these terms by reference, make up the entire agreement between us relating to your use of Our Platform, and replace any prior understandings or agreements (whether oral or written) regarding your use of Our Platform. The laws of the State of Utah (USA), without regard to its conflict of laws rules, will govern these terms, as well as your and our observance of them. If you take any legal action relating to your use of Our Platform, or these terms, you agree to file such action only in the state and federal courts located in Salt Lake City, Utah (USA). In any such action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. You agree that any disputes, claims and causes of action arising out of or connected with Our Platform and or these terms, will be resolved individually, without resort to any form of class action.

Except for your obligations to pay any sums due hereunder, neither party shall be deemed to be in breach of these terms and agreements.

IX. Nursa™ is great thanks to You.

We encourage you to share your comments and questions with us, however we may not be able to respond to all of them as quickly as we, or you would like. If we don’t reply don’t take that personal. Be proud of who you are, and what you bring to the team. We’re grateful you’d take the time to make a suggestion that helps make us better as an organization. Please note that we assume no responsibility for reviewing unsolicited ideas for Our Platform like, but not limited to product or advertising ideas, and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Nursa™ programs or content. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of Nursa™.

You acknowledge that you have read and understood these terms, and that these terms have the same force and effect as a signed agreement.

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