Terms and Conditions

The Terms and Conditions describes the rights and responsibilities that apply to your use of TravelNurse.org.

Please read the Terms and Conditions carefully before using TravelNurse.org. If you don’t agree to the Terms and Conditions and Privacy Policy you may not use the Service. If you are entering into the Terms and Conditions on behalf of a company, you represent that you have the authority to agree to the Terms and Conditions on behalf of the company. If you do not have such authority, you must not use TravelNurse.org's services. TravelNurse.org is only available to you if you have entered the age of majority in your jurisdiction of residence and are fully able and competent to enter into, abide by and comply with the Terms and Conditions.

Accounts

If you create an account on TravelNurse.org, you are responsible for maintaining the security of your account and its job postings. You are fully responsible for anything that occurs in your account. You must not create an account or a job posting in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. TravelNurse.org may change or remove any content that it considers inappropriate or unlawful, or otherwise likely to cause TravelNurse.org liability. You must immediately notify TravelNurse.org of any unauthorized uses of your account or any other security breach. TravelNurse.org will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Fees

You are entirely responsible for the content of job postings you create. By creating a job posting, you represent and warrant that your job posting will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.

The job posting does not contain or install any viruses or other harmful or destructive content; is not spam, and does not contain unethical or unwanted commercial content, or is used to further unlawful acts or mislead recipients.

Job postings cannot be created in a manner that misleads users.

By creating a job posting you are granting TravelNurse.org the right to use and display your job posting in connection with providing the services as well as our marketing communications with you and other users and prospective users of TravelNurse.org, including without limitation on our emails, marketing channels and other marketing materials.

TravelNurse.org reserves the right to refuse or remove any job postings or terminate or deny access to your use of our services for any reason whatsoever.

Third Party Websites

We have not reviewed, and cannot review, all of the content made available through the websites to which TravelNurse.org links, and that link to TravelNurse.org.

TravelNurse.org does not have any control over third party websites, and is not responsible for their content or their use. By linking to a third party website, TravelNurse.org does not represent or imply that it endorses the website. TravelNurse.org disclaims any responsibility for any harm resulting from your use of third party websites.

Intellectual Property

All content available on TravelNurse.org and all material and services provided by or through TravelNurse.org, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.

Subject to your compliance with the Terms and Conditions, during the term of the Terms and Conditions, TravelNurse.org grants to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Materials that we make available to you.

If TravelNurse.org, in its sole discretion and without notice, considers that there is an immediate security or operational risk then TravelNurse.org may immediately suspend access to or use of its services. The suspension of use and access is not a breach of the Terms and Conditions. TravelNurse.org has no liability to you for suspending any services under this provision.

For the purposes of the Terms and Conditions and the Privacy Policy, “personal information” is any information about an identifiable individual, as defined in our Privacy Policy.

TravelNurse.org retains the right to use or share any Aggregated Data generated by anyone using its website. “Aggregated Data” means data does not contain personal information and which has been manipulated or combined to provide generalized, anonymous information.

Changes

TravelNurse.org reserves the right, at its sole discretion, to modify or replace any part of the Terms and Conditions. Your continued use of TravelNurse.org constitutes acceptance of the Terms and Conditions.

Disclaimer of Warranties

Your use of TravelNurse.org is at your sole responsibility and risk. TravelNurse.org is provided on an “as is” and “as available” basis. TravelNurse.org expressly disclaims all representations, warranties, or conditions of any kind with respect to TravelNurse.org's services, whether express or implied, including, but not limited to, any implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration, quiet enjoyment, title, and non-infringement.

TravelNurse.org makes no representations that the service is appropriate or available for use in locations other than the United States. Those who access or use TravelNurse.org from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Limitation of Liability

You agree that, under no legal theory, including, but not limited to negligence, breach of warranty or condition, breach of contract or tort, will TravelNurse.org or its owners, officers, directors, affiliates, contractors, employees or agents, be liable to you or any third party acting on your behalf for any indirect, incidental, special, consequential, punitive, or exemplary damages or damages for loss of profits, goodwill, use, data, or other intangible losses or the cost of any substitute equipment, facilities or services (even if TravelNurse.org has been advised of the possibility of such damages), arising from or relating to the Terms and Conditions or your use of or your inability to use TravelNurse.org, or for any damages arising from or related to the Terms and Conditions. TravelNurse.org's total aggregate liability from any and all claims under the Terms and Conditions is limited to the total amounts you paid to TravelNurse.org in the one (1) year immediately preceding the occurrence of loss or damage. To the extent any province, state or jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, TravelNurse.org's liability in such province, state or jurisdiction will be limited to the furthest extent permitted by law. Notwithstanding the foregoing or anything else herein to the contrary, TravelNurse.org will not be liable to you or any third party acting on your behalf in any way with respect to a trial program or your provision of an individual’s personal information to TravelNurse.org. You further agree that the foregoing limitations will apply with respect to third party liability of any kind.

The foregoing limitations will also apply with respect to any damages incurred by reason of any content or services provided on any third party sites or otherwise provided by any third parties other than TravelNurse.org and received by you through or advertised on TravelNurse.org or received by you on any third party sites. You also agree that TravelNurse.org will not be responsible or liable for any loss or damage of any kind incurred as the result of any interactions or dealings with advertisers or as the result of the presence of such advertisers on TravelNurse.org.

With respect to any dispute arising out of or related to the Service and/or the Terms and Conditions:

  • you hereby expressly give up your right to have a trial by jury; and

  • you hereby expressly give up your right to participate as a member of a class of claimants, in any lawsuit including but not limited to class action lawsuits involving any such dispute.

You agree that you will not bring a claim under or related to the Terms and Conditions more than one (1) year from when your claim first arose.

General Representation and Warranty

You represent and warrant that;

  • your use of the Service will be in strict accordance with the Terms and Conditions, the Privacy Policy and all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and

  • your use of TravelNurse.org will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify, defend, and hold harmless TravelNurse.org , and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives (together, the “Indemnified Parties”), from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to the Terms and Conditions, the services, including but without limitation in relation to: (a) your use, non-use or misuse of, or connection to the services; (b) your violation or alleged violation of the Terms and Conditions; and (c) your violation of any rights, including intellectual property rights, of a third party and otherwise as set out herein. TravelNurse.org reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify TravelNurse.org and you agree to cooperate with TravelNurse.org's defense of these Claims. You agree not to settle any matter without the prior written consent of TravelNurse.org.

Miscellaneous

If there is any dispute between you and TravelNurse.org about or involving the Terms and Conditions, the services, you hereby agree that the dispute will be governed by and construed in accordance with the laws of the state of Delaware, without regard to its conflict of law provisions.

Except for any claim involving the ownership of intellectual property, all disputes arising out of or in connection with the Terms will be referred to and finally resolved by arbitration under the rules of the American Arbitration Association.

If any portion of the Terms and Conditions is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, the Terms and Conditions as a whole will not be deemed unlawful, void or unenforceable, but only that portion of the Terms and Conditions that is unlawful, void or unenforceable will be stricken from the Terms and Conditions.

You agree that the Terms and Conditions are specifically enforceable by TravelNurse.org through injunctive relief and other equitable remedies without proof of monetary damages.

You agree that if TravelNurse.org does not exercise or enforce any legal right or remedy which is contained in the Terms and Conditions (or which TravelNurse.org has the benefit of under any applicable law), this will not be taken to be a formal waiver of TravelNurse.org’s rights and that those rights or remedies will still be available to TravelNurse.org.

The Terms and Conditions are the entire agreement between us related to the subject matter in the Terms and Conditions. The Terms and Conditions replace and supersede any other prior or contemporaneous agreement, representation or discussion, oral or written, and may not be changed except in writing signed by us.