The following Terms form a binding legal agreement between you and Florence Health, Inc. dba The Nursing Beat (“The Nursing Beat,” “our” or “we”). Please read the Terms carefully before using our website at https://www.thenursingbeat.com, Services, or any other online features, services, and/or programs offered by The NursingBeat (collectively, "the Services"). “Services” refers to all online features, services, and programs offered by Florence Health, Inc. dba The Nursing Beat (“The Nursing Beat”), including the official website located at https://www.thenursingbeat.com; digital newsletters, articles, and educational content; social media pages, groups, and channels; virtual and in-person events hosted or sponsored by The Nursing Beat; online giveaways, surveys, and other interactive programs; forums or platforms for user interaction, feedback, or community engagement; and any related third-party tools or features accessed through The Nursing Beat’s platforms. The Services encompass all content, communications, and functionalities provided directly or indirectly through these offerings, including but not limited to text, images, video, audio, graphics, and other media forms. Use of any of these Services constitutes acceptance of the Terms outlined herein.

You should review these Terms regularly as they may change at any time at the sole discretion of The Nursing Beat. If you do not agree to any portion of these Terms, you should not access or otherwise use the Services. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video, and any other information provided from or on, uploaded to, and/or downloaded from the Services.

The most current version of the Terms, which will always be located on the website, will govern our relationship with you. We will try to notify you of material revisions, for example, via a service notification posted to the Services or an email. Your continued use of the Services constitutes your acceptance of any such revisions. You are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms).

CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS. 

The Content provided through the Services is for educational and informational purposes only and is in no way intended to serve as a diagnostic service or platform, to provide certainty with respect to a diagnosis, to recommend a particular product or therapy, or to otherwise substitute for the clinical judgment of a qualified healthcare professional. You agree that you will not use the Content or the Services to create provider/patient relationships or to diagnose or treat users. You are solely responsible for evaluating the Content and for your use or misuse of the Content in connection with your treatment decisions or otherwise. The Nursing Beat is not liable for any harm or damage that may result from the use of any products or services promoted on the Services. It is your responsibility to conduct your own research and due diligence before making any purchasing decisions.

By merely providing access to the Services, The Nursing Beat does not warrant or represent that: (a) the Content is accurate, complete, up-to-date, or current; (b) The Nursing Beat has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the Services will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Services is accurate or complete. Your use of the Services offered therein is subject to federal and state law, the law of the state where The Nursing Beat maintains your Account, or, if The Nursing Beat transfers your Account to another location, where The Nursing Beat currently maintains your Account (“Applicable Law”).

You affirm that you are more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties outlined in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 18, as THE WEBSITE IS NOT INTENDED FOR THOSE UNDER 18.

SITE USE AND CONTENT

1. You will not reprint, republish, or distribute in any way any information or materials found on the Services.
2. You will not use any of the information on the Services for sending emails for solicitation purposes or for any other purposes involving solicitation in any way.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. 

The Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Company with the following information:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. Notification of claimed copyright infringement should be submitted to the following email address: hello@thenursingbeat.com

DISCLAIMERS

1. No warranties; Indemnification. You expressly agree that your use of the Services is at your sole risk. The website, the Services and the content is provided “as is” and “as available” for your use, without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. The Nursing Beat makes no representations or warranties that the website, the Services, the content, or any services offered in connection with the Services are or shall remain uninterrupted or error-free, the content shall be non-infringing on any third party’s intellectual property rights, that defects shall be corrected, that the web pages on the website, or that the Services, any electronic communication or the servers used in connection with the Services are or shall remain free from any viruses, worms, time bombs, drop dead devices, trojan horses or other harmful components. The Nursing Beat does not guarantee that you will be able to access or use the website and/or the Services at times or locations of your choosing or that The Nursing Beat shall have adequate capacity for the website and/or the Services as a whole or in any specific geographic area.

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2. Indemnification. You agree to defend, indemnify, and hold The Nursing Beat and its affiliates, subsidiaries, owners, directors, officers, employees, and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed against or incurred by The Nursing Beat, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.‍

LIMITATION OF LIABILITY

In no event will The Nursing Beat be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages arising from your use of the Services and/or any service provided in connection with the Services, or for any other claim related in any way to the Services and/or any service provided in connection with the Services, including, but not limited to, (a) errors, mistakes, or inaccuracies of content, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services and/or any service provided in connection with the Services, (c) any unauthorized access to or use of our computer servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from the Services and/or any service provided in connection with the Services, and/or (e) any viruses, worms, time bombs, drop dead devices, trojan horses or other harmful components that may be transmitted to or through the Services and/or any service provided in connection with the Services by any third party or for any loss or damage of any kind. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, The Nursing Beat’s liability will be limited to the greatest extent permitted by law.‍

‍PRIVACY

Personal data that you provide regarding yourself will be handled in accordance with The Nursing Beat’s Privacy Policy located at https://www.thenursingbeat.com/privacy-policy.

THIRD PARTY CONTENT

1. The Nursing Beat may provide hyperlinks to other websites maintained by third parties, or The Nursing Beat may provide third-party content on the Services by framing or other methods. The links to third-party websites are provided for your convenience and information only. The content on any linked website is not under The Nursing Beat’s control and The Nursing Beat is not responsible for the content of linked websites, including any further links contained in a third-party website. If you access any of the third-party websites linked to the Services, you do so entirely at your own risk.
2. If a third party links to the Services, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with The Nursing Beat. In most cases, The Nursing Beat is not aware that a third party has linked to the Services. A website that links to the Services: (i) may link to, but not replicate, The Nursing Beat‘s Content; (ii) may not create a browser, border environment or frame The Nursing Beat’s Content; (iii) may not imply that The Nursing Beat is endorsing it or its products; (iv) may not misrepresent its relationship with The Nursing Beat; (v) may not present false or misleading information about The Nursing Beat’s products or Services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.

COPYRIGHT AND TRADEMARKS

Everything that appears on the Services is protected under the copyright, trademark, or other intellectual property laws of the United States and other countries and may not be used except as provided in these Terms. The trademarks, service marks, and logos used and displayed on the Services are The Nursing Beat, or its subsidiaries or affiliates’, registered and unregistered trademarks. The Nursing Beat is the copyright owner or authorized licensee of all text and all graphics contained on the Services. All trademarks and service marks of The Nursing Beat that may be referred to on the Services are the property of The Nursing Beat. Other parties’ trademarks and service marks that may be referred to on the Services are the property of their respective owners. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of The Nursing Beat’s trademarks or service marks without The Nursing Beat’s prior written permission. Neither the name of The Nursing Beat nor any of The Nursing Beat's other trademarks, service marks, or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity, or promotional materials of any kind, whether relating to the Services or otherwise, without The Nursing Beat’s prior written permission, except that a third party website that desires to link to the Services and that complies with the requirements referenced above may use the name “The Nursing Beat” in or as part of that URL link. If you believe that any Content on the Services violates any intellectual property right of yours, please contact The Nursing Beat at the email address set forth at the bottom of these Terms.

AVAILABILITY

You acknowledge that the traffic of data through the Internet may cause delays, and the website shall not be available on a continual twenty-four hour basis due to such delays and due to delays caused by upgrading, modification, or standard maintenance of the Services.

CUSTOMER COMMENTS AND RESPECTFUL COMMUNICATION

We welcome the submission of comments, information, or feedback through the Services. However, we maintain a professional and respectful environment for our employees. We will not tolerate verbal harassment of our staff in any form, including through online comments, messages, or social media interactions. This includes but is not limited to, insults, threats, abusive language, or any other communication that is intended to intimidate or demean our employees.

By submitting information through the Services, you agree that the information submitted shall be subject to The Nursing Beat Privacy Policy located at https://www.thenursingbeat.com/privacy-policy. We reserve the right to remove or unsubscribe users who engage in verbal harassment of our staff.

GIVEAWAYS

By entering a giveaway, you agree to receive communication from The Nursing Beat and any partners associated with the giveaway. Only U.S. residents who are 18 years of age or older are eligible to enter giveaways. Once a winner has been selected, they will be notified and must respond within 72 hours; after that, we will pick another winner. Entrants agree to the platform's terms of use and release the social media platform and all participating parties of all responsibility. The Nursing Beat does not guarantee shipping of a tangible good won in a giveaway. Void where prohibited by law.

EVENTS

By registering for an event hosted by The Nursing Beat, you agree that ticket sales are final, and no refunds will be issued unless the event is canceled by The Nursing Beat. In the event of a cancellation, The Nursing Beat will notify attendees as soon as possible and may, in its sole discretion, offer refunds or alternative arrangements. Attendees are expected to adhere to a code of conduct that promotes a respectful and inclusive environment. Any violation of this code may result in removal from the event. By attending the event, you consent to the collection and use of your personal information for event-related purposes, such as registration, communication, and event evaluation. By attending an event hosted by The Nursing Beat, you consent to be photographed or video recorded. These images and videos may be used by The Nursing Beat for promotional and marketing purposes, including on social media and the website. And you assume all risks associated with attending the event, including but not limited to, the risk of injury or illness. 

SUBSCRIPTION

By subscribing to The Nursing Beat's digital newsletter, you agree to the following terms. You can subscribe or unsubscribe from the newsletter at any time. The newsletter may contain sponsored content or advertisements. Your personal information will be used to deliver the newsletter and for targeted advertising purposes. The Nursing Beat respects your privacy and will not share your email address with third parties without your consent.

SOCIAL MEDIA

By interacting with The Nursing Beat on social media, you agree to the following terms. Any content you post on The Nursing Beat's social media platforms becomes the property of The Nursing Beat and may be used for promotional or other purposes. You agree to follow The Nursing Beat's community guidelines, which prohibit harassment, hate speech, and other inappropriate behavior. If you encounter any inappropriate content or behavior on The Nursing Beat's social media platforms, please report it to The Nursing Beat.

MISCELLANEOUS

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and The Nursing Beat’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms and The Nursing Beat Privacy Policy located at https://www.thenursingbeat.com/privacy-policy are the entire agreement between you and The Nursing Beat with respect to your use of the Services and the Services, and supersede any and all prior communications and prior agreements, whether written or oral, between you and TheNursing Beat regarding the Services.

GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.  

CHANGES TO TERMS & CONDITIONS

The Nursing Beat reserves the right to modify or update these Terms and Conditions at any time. Any changes will be effective immediately upon posting on the website. Your continued use of the Services after such changes constitutes your acceptance of the new Terms and Conditions.

If you have any questions or comments about this Privacy Statement or the practices of our Services, please feel free to e-mail us at Hello@thenursingbeat.com.

LAST UPDATED JANUARY 2025

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