Terms of use
(Posted August 6, 2021)
Welcome to the websites of Freedom Nursing Agency.
These Website Terms of Use (the “Terms”) apply to all websites, portals or pages owned or operated by Freedom Nursing Agency. Please read the Terms carefully before accessing and using the Freedom Nursing Agency Sites.
General Uses and Restrictions
By accessing and using the Freedom Nursing Agency Sites, you agree on your behalf and on behalf of any entity or person on whose behalf you are accessing the Freedom Nursing Agency Sites (collectively, “You”) to abide by the Terms. Freedom Nursing Agency permits You to use and access the Freedom Nursing Agency Sites for lawful purposes only and only in a manner consistent with the Terms. Your agreement to the Terms is a condition of Your being granted access to and use of the Freedom Nursing Agency Sites. If You do not agree with the Terms, You may not access the Freedom Nursing Agency Sites and must exit the Freedom Nursing Agency Sites immediately. The Terms apply to all visits and use of the Freedom Nursing Agency Sites, as well as to the content, information, recommendations or services provided or transmitted on or through the Freedom Nursing Agency Sites. By using and accessing the Freedom Nursing Agency Sites, You represent that You are at least 18 years of age, have the authority to enter these Terms on Your behalf and on behalf of the organization or entity on whose behalf You are using or accessing the Freedom Nursing Agency Sites, and all information provided by You, including, but not limited to Your identity, contact information, experience, qualifications, available positions, and facility details, is accurate and current. You shall be responsible for any violation by You, Your agents or Your employees of the Terms.
Restricted Sites and Registered Users
Freedom Nursing Agency has restricted access to certain portions of the Freedom Nursing Agency Sites, including its application, profile, and other sections of freedomnursingagency.com (collectively the “Restricted Sites”), to users with legitimate related business reasons for using such Restricted Sites who have registered with Freedom Nursing Agency or to whom Freedom Nursing Agency has otherwise provided an account, user name or password (the “Registered Users”). You agree that the entirety of the Restricted Sites, including, but not limited to their design, source code, databases, content, and data or materials stored on, generated by, created using, or transmitted through them shall be considered Confidential Information, as defined below. You agree that Your use of and access to the Restricted Sites shall be limited only to the extent such access and use directly relates to or is necessary for an existing or prospective employment relationship with Freedom Nursing Agency or an existing or prospective business relationship or agreement between You and Freedom nursing agency (the “Permitted Uses”).
You agree any user name or password issued to You by Freedom Nursing Agency is Confidential Information, as defined below. You agree not to use another Registered User’s user name and password nor to allow any other person, other than Your employees or agents, to use the user name or password issued to You. You are solely responsible for all activity conducted using Your user name or password. You will immediately notify Freedom Nursing Agency if You become aware of any loss or theft of Your user name or password or any unauthorized use of Your user name and password. Freedom Nursing Agency is not liable for any loss or damage arising from your failure to comply with these obligations. Freedom Nursing Agency reserves the right to delete or change a user name or password at any time and for any reason. You shall be responsible for notifying Freedom Nursing Agency if Your relationship with any employee or agent who had access to the Restricted Sites is severed so passwords may be updated or account disabled as appropriate at Freedom Nursing Agency sole discretion.
Confidential Information
When accessing or using the Restricted Sites, you may be able to upload, download, receive, transmit, view, create, enter, access, post, share, display, or otherwise use or access information, documents, or other confidential material (collectively “Confidential Information”). Confidential Information includes, but is not limited to: (i) marketing, job orders, personal identifying information, and other information relating to Freedom Nursing Agency’s business, customers, agents, employees, or subcontractors or (ii) private or sensitive information relating to healthcare professionals and other workers provided by Freedom Nursing Agency, its affiliates, agents, or subcontractors, such as personnel, medical, financial, credentialing, or other compliance documentation or records. You agree to only use Confidential Information for lawful, Permitted Uses or as otherwise permitted by law. You agree to limit access to Confidential Information to only those employees or agents of Yours who reasonably require access to such information for the Permitted Uses. If You provide any Confidential Information to Your employees or agents, You shall require all such employees or agents to abide by these Terms as well as any applicable laws or agreements relating to such information. You shall take all necessary precautions to protect the confidential nature of the Confidential Information, including, without limitation, all precautions You use concerning Your confidential information.
In the event, You or any of Your representatives are requested or required by any government or governmental agency or authority (by oral questions, interrogatories, requests for information or documents, subpoena, civil investigative demand, any informal or formal investigation by any government or governmental agency or authority or otherwise) to disclose any of the Confidential Information, You will notify Freedom Nursing Agency promptly in writing so that Freedom Nursing Agency may at seek a protective order or other appropriate remedy or, in Freedom Nursing Agency’s sole discretion, waive compliance with the confidentiality terms. You agree not to oppose any action by Freedom Nursing Agency to obtain a protective order or other appropriate remedies. If no protective order or other remedy is obtained or Freedom Nursing Agency waives compliance with the terms of this Agreement, You agree to furnish only that portion of the Confidential Information, which You are advised is legally required.
If You discover or are notified of a breach or potential breach of security concerning any Confidential Information provided or made available by Freedom Nursing Agency You shall immediately: (i) notify Freedom Nursing Agency of such breach or such potential breach as the address specified below, (ii) immediately investigate such breach or such potential breach and inform Freedom Nursing Agency of the results of such investigation, and (iii) assist Freedom Nursing Agency as reasonably necessary to enforce Freedom Nursing Agency’s rights and to enable Freedom Nursing Agency to comply with any state or federal law requiring the provision of notice of any security breach concerning the breach.
Notwithstanding any other provision of this Agreement, Confidential Information shall not include any information, data, material, document, patent or idea, which: (i) is within the public domain before the time of disclosure or thereafter becomes within the public domain other than as a result of disclosure by You or Your representatives in violation of this Agreement; (ii) was, on or before the date of disclosure in Your possession, as shown by You, unless it was acquired by You from a third party who was under an obligation of confidentiality Freedom Nursing Agency; (iii) is acquired by You from a third party, not under an obligation of confidentiality to Freedom Nursing Agency; or (iv) was independently developed by the You without the use of Confidential Information or another breach of these Terms.
Freedom Nursing Agency’s Retention of Proprietary Rights
Freedom Nursing Agency hereby grants You the limited and revocable license to access and use the Freedom Nursing Agency Sites under these Terms. You expressly acknowledge and agree that Freedom Nursing Agency transfers no ownership, intellectual property interest, or title in or to the Freedom Nursing Agency Sites, the Confidential Information, or any information or data contained therein to You or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Freedom Nursing Agency Sites, unless otherwise indicated, are owned, controlled, or licensed by Freedom Nursing Agency. You may not copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the Freedom Nursing Agency Sites, Freedom Nursing Agency’s name, Freedom Nursing Agency’s logo, Freedom Nursing Agency’s marks, or any other data or information provided on or through the Freedom Nursing Agency Sites in any manner or use the Freedom Nursing Agency Sites in any manner not expressly permitted by the Terms.
The Freedom Nursing Agency Sites are Copyright © 2021 Freedom Nursing Agency. All rights reserved. Your unauthorized use of the Freedom Nursing Agency Sites, Confidential Information, Freedom Nursing Agency logos, names, or marks, or any other information or data contained therein may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes.
Compliance with Applicable Laws
You agree to abide by all applicable local, state, national, and international laws and regulations concerning Your use of the Freedom Nursing Agency Sites or any Confidential or other information obtained using the Freedom Nursing Agency Sites. The Terms are also subject to any applicable export laws, orders, restrictions, or regulations. You shall not export the Freedom Nursing Agency Sites or access or use thereto without complying with such laws, orders, restrictions, or regulations.
Prohibited Uses; Your Transmissions
You may not use the Freedom Nursing Agency Sites to send, upload, share, email, post, publish, edit, modify, or otherwise transmit material or information, or use information obtained through the Freedom Nursing Agency Sites, in any manner that: (i) violates any applicable law or regulations; (ii) is false or misleading; (iii) is defamatory, offensive, obscene, harassing, or discriminatory, including on any basis protected by applicable federal, state or local law; (iv) violates or infringes on the intellectual property or privacy rights of any other person, including but not limited to rights arising from copyrights, trademarks, patents, or a person’s likeness; (v) constitutes unsolicited marketing efforts, including “junk email” “spam” or chain letters’; (vi) interferes with or disrupts the performance of the Freedom Nursing Agency Sites or servers or systems used to host or operate the Freedom Nursing Agency Sites, or of Freedom Nursing Agency, or of other users of the Freedom Nursing Agency Sites; or (vii) attempts to circumvent or misuse the user authentication or security measures of the Freedom Nursing Agency Sites.
By sending, uploading, sharing, emailing, posting, publishing, editing, modifying, or otherwise transmitting content to the Freedom Nursing Agency Sites or submitting any content to or through the Freedom Nursing Agency Sites or to Freedom Nursing Agency relating to the Freedom Nursing Agency Sites (including, documentation, feedback), you automatically grant (or warrant that the owner of such rights has expressly granted), Freedom Nursing Agency a worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content on in any form, medium, or technology now known or later developed, including, but not limited to, the Freedom Nursing Agency Sites. In addition, You warrant that all so-called moral rights in the content have been waived. Freedom Nursing Agency assumes no responsibility for the deletion of or failure to store any posting, transmission, documents or information stored or submitted on the Freedom Nursing Agency Sites. Notwithstanding the foregoing, or section 14(h) below, this section is not intended to and does not supersede any applicable laws or separate written agreements between You and Freedom Nursing Agency that are signed by the CEO of Freedom Nursing Agency, to the extent such laws or agreements restrict or govern Freedom Nursing Agency’s use of confidential information provided by You to Freedom Nursing Agency as part of a business transaction.
Freedom Nursing Agency is not responsible for screening, policing, editing, or monitoring Your or another Registered User’s transmissions, submissions, and postings. Accordingly, Freedom Nursing Agency encourages its Registered Users to use reasonable discretion and caution in submitting or reviewing any transmission or posting. Moreover, Freedom Nursing Agency does not make any representation concerning, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by You or any other Registered User. Nevertheless, Freedom Nursing Agency reserves the right to delete or take other action concerning transmissions or postings (or parts thereof) that Freedom Nursing Agency believes in good faith violate the Terms and/or are, or are potential, unlawful or harmful to Freedom Nursing Agency or its products, services, and goodwill.
Privacy Policy
Your use of the Freedom Nursing Agency Sites may be monitored, including monitoring usage levels, collect data and information, and ensuring compliance with applicable laws and agreements. Accordingly, if You access the Freedom Nursing Agency Sites you acknowledge and consent to Freedom Nursing Agency’s monitoring, collection and use practices. Please see Freedom Nursing Agency’s Privacy Policy for a summary of its practices in this regard.
Alleged Copyright Violations
It is the policy of Freedom Nursing Agency to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws. If you become aware of transmissions or postings that violate these rules or believe your copyrighted work has been inappropriately used or made accessible through the Freedom Nursing Agency Sites, please notify Freedom Nursing Agency in writing, as provided below.
Links to Other Sites
Freedom Nursing Agency may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by Freedom Nursing Agency and are maintained by third parties over which Freedom Nursing Agency exercises no control. Accordingly, Freedom Nursing Agency expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement concerning any third party or any Web site or the products or services provided by any third party.
Disclaimer
THE FREEDOM NURSING AGENCY SITES AND ALL INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE FREEDOM NURSING AGENCY SITES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. FREEDOM NURSING AGENCY MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE FREEDOM NURSING AGENCY SITES OR IN THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON THE FREEDOM NURSING AGENCY SITES AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE FREEDOM NURSING AGENCY SITES. FREEDOM NURSING AGENCY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE FREEDOM NURSING AGENCY SITES FOR ANY PURPOSE. FREEDOM NURSING AGENCY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY OTHER IMPLIED WARRANTY INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. FREEDOM NURSING AGENCY ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE FREEDOM NURSING AGENCY SITES WILL OPERATE ERROR-FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY CONCERNING ANY DEFECT IN OR DISSATISFACTION WITH THE FREEDOM NURSING AGENCY SITES OR ANY INFORMATION THEREIN IS TO CEASE USE OF THE FREEDOM NURSING AGENCY SITES.
MOREOVER, IN NO EVENT SHALL FREEDOM NURSING AGENCY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OF OR ACCESS TO THE FREEDOM NURSING AGENCY SITES OR WITH THE DELAY OR INABILITY TO USE THE FREEDOM NURSING AGENCY SITES WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF FREEDOM NURSING AGENCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF FREEDOM NURSING AGENCY FOR ANY REASON WHATSOEVER RELATED TO YOUR USE THE USE OF OR ACCESS TO THE FREEDOM NURSING AGENCY SITES AND ALL INFORMATION AND SERVICES THEREIN, OR WITH THE DELAY OR INABILITY TO USE THE FREEDOM NURSING AGENCY SITES, INFORMATION OR SERVICES THEREIN SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY/TO YOU TO/FROM FREEDOM NURSING AGENCY IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE THREE MONTHS BEFORE THE ACT GIVING RISE TO THE DISPUTE.
Indemnification
You agree to defend, indemnify, and hold harmless Freedom Nursing Agency, its affiliates, officers, directors, employees, agents, licensors, clients, subcontractors, and harmless from and against any and all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) relating to or arising from: (i) Your use of the Freedom Nursing Agency Sites, (ii) Your violation of the Terms; (iii) Your violation of any third party rights relating to or arising out of Your use of the Freedom Nursing Agency Sites, or (iv) Your violation of any law or regulation relating to or arising out of Your use or access to the Freedom Nursing Agency Site.
Term and Termination
The Terms shall take effect immediately upon your access to or use of the Freedom Nursing Agency Sites after the Terms are posted, or if you have executed a separate agreement incorporating or referencing these Terms, the effective date of such agreement. The Freedom Nursing Agency Sites are provided as a convenience to assist Freedom Nursing Agency in conducting its business. Freedom Nursing Agency reserves the right to modify, change, or disable the Freedom Nursing Agency Sites or Your use of or access to the Freedom Nursing Agency sites, at any time with or without notice. Freedom Nursing Agency shall not be liable for damages in connection with such terminations, disabling, modifications, or changes.
In addition, Freedom Nursing Agency reserves the right to modify or terminate the Terms and Privacy Policy at any time upon reasonable notice to You. You agree that Freedom Nursing Agency may provide reasonable notice of such modifications by posting the new or modified terms (the “Modified Terms”) on the Freedom Nursing Agency Sites and specifying an effective date that is at least 10 days after the date the Modified Terms are initially posted. You agree that if You continue to use the Freedom Nursing Agency Sites without written objection to Freedom Nursing Agency after the effective date of the Modified Terms, You shall be considered to have accepted the Modified Terms as of the effective date stated therein. Such Modified Terms shall apply prospectively only; in the event of termination or Modified Terms become effective, these Terms shall survive as they relate to any pre-termination or pre-modification use, access, actions, or omissions unless otherwise agreed to by the parties.
You may terminate the Terms at any time by ceasing to use the Freedom Nursing Agency Sites, and if You are a Registered User, by notifying Freedom Nursing Agency of your desire to terminate Your account. Upon termination, You must destroy all copies of Confidential Information in your possession, custody or control, except that You may be permitted to obtain a copy of certain Confidential Information to the extent permitted in writing by Freedom Nursing Agency or where You are legally required to retain such records.
Notices
All notices, requests, demands or other communications to Freedom Nursing Agency required under this Agreement shall be made in writing and shall be deemed to have been duly given on the second day after mailing if mailed to the address below by certified mail, postage prepaid or via an overnight carrier with delivery confirmation, and properly addressed to:
Freedom Nursing Agency Attn: Legal Department
2420 North Crystal Lake Drive, Suite 103 Lakeland, Florida 33801, United States
F Freedom Nursing Agency may provide notice to You by posting on the Freedom Nursing Agency Sites or otherwise contacting You at any last known email or mailing address.
Miscellaneous
The Terms and any claims arising out of or relating to the Terms or Your use of the Freedom Nursing Agency Sites shall be construed following and subject to the laws of the State of California, without reference to its conflict of law principles. You hereby consent to the exclusive personal jurisdiction in any state or federal court or arbitral forum located in San Diego, California. If any provision of this Agreement is held to be invalid, void or unenforceable, all other provisions shall remain valid and be enforced and construed as if such invalid provision were never a part of this Agreement. The parties hereto agree that this Agreement will be governed by and construed under the laws of the State of California without reference to its choice of law rules and as if wholly performed within the State of California. Unless otherwise provided herein, any dispute, controversy or claim arising out of or relating to this Agreement shall be submitted to binding arbitration before the office of Judicial Arbitration and Mediation Services (“JAMS”) located in San Diego, California, as the exclusive remedy.
You acknowledge that any breach, threatened or actual, of the Terms, will cause irreparable injury to Freedom Nursing Agency, such injury would not be quantifiable in monetary damages, and Freedom Nursing Agency would not have an adequate remedy at law. You, therefore, agree that Freedom Nursing Agency shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of the Terms. Accordingly, You hereby waive any requirement that Freedom Nursing Agency post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Freedom Nursing Agency to enforce any provision of the Terms.
You may not assign Your rights or obligations to any other person or entity without Freedom Nursing Agency’s prior written consent.
No waiver, delay or failure by Freedom Nursing Agency concerning any right or provision under the Terms shall be deemed a waiver of any other provision, or constitute a continuing waiver.
If any provision (or part thereof) contained in the Terms is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language.
No joint venture, partnership, employment, or agency relationship exists between you and Freedom Nursing Agency as a result of the Terms or your utilization of the Freedom Nursing Agency Sites.
The heading the Terms are for convenience of reference only and are not to be considered in construing this Agreement.
The Terms represent the entire agreement between You and Freedom Nursing Agency concerning the use of the Freedom Nursing Agency Sites, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Freedom Nursing Agency that governs Your use of or access to the Freedom Nursing Agency Sites. No amendments to this Agreement may be made except by a written agreement signed by both parties. However, in the event You are or were an employee of Freedom Nursing Agency, the terms of any employment policies or written agreements signed with the requisite authority from Freedom Nursing Agency’s CEO relating to Your employment with Freedom Nursing Agency (including any arbitration agreements) shall control to the extent deemed inconsistent with the Terms.