PRACTITIONER TERMS OF SERVICE

Effective Date: November 1st, 2022 

THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) APPLY TO EACH MEDICAL SERVICES PRACTITIONER/PROVIDER USER (“YOU” AND/OR “MEMBER”) THAT ELECTS TO CREATE AN ACCOUNT AND USE OUR PLATFORM ON NAFNP.ORG (“WEBSITE”).

BY REGISTERING TO USE OUR PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS AS SET FORTH BELOW,  WHICH GOVERNS YOUR ACCESS AND USE OF OUR PLATFORM ) AT ALL TIMES, IN ADDITION TO THE GLOBAL WEBSITE TERMS OF USE APPLICABLE TO ALL USERS OF OUR WEBSITE. 

BY REGISTERING TO USE OUR PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS AS SET FORTH BELOW IN ADDITION TO THE GLOBAL WEBSITE TERMS OF USE APPLICABLE TO ALL USERS OF OUR WEBSITE. 

BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND THAT YOU UNDERSTAND THESE TERMS. THE RIGHTS GRANTED TO YOU HEREIN ARE SUBJECT TO  ALL OF THE FOLLOWING TERMS AND CONDITIONS.

ANY CAPITALIZED TERMS USED THROUGHOUT THIS DOCUMENT SHALL HAVE THE SAME MEANING AS DEFINED IN THE GLOBAL TERMS OF USE IF NOT SEPARATELY DEFINED HEREIN.

MODIFICATIONS

We reserve the right, at any time, to amend the provisions of these Terms. If you do not accept any amendments, these Terms will terminate. Please regularly check these Terms as posted on this Website including any revised effective date at the top of these terms to view the then-current terms applicable to your use of this Website as a Member Member. Notwithstanding anything in these Terms to the contrary, if we post amended terms to these Terms on our Website, such terms will automatically become effective, shall be incorporated into these Terms immediately upon being posted, and where inconsistent with any other terms and conditions of these Terms, shall supersede any such conflicting terms or conditions. By accessing and using our Website and using the Services after such revised terms are posted, You agree to be bound by any such revised terms. You agree to periodically visit our Website to examine the then-current terms and conditions of these Terms. Your access and use of the Services as a Member User will always be subject to the most current versions of these Terms, as well as the Global Website Terms of Use in effect at the time of such use. 

Member User Access Rights

Subject to your continued compliance with the terms and conditions of these Terms, upon acceptance of these Terms, You are hereby granted with the non-transferable and revocable right to access and use our multi-user  platform to create, access and use Your individual Member Profile located on the password-protected secure area of our Website (“Member Profile”) to i) display text and/or upload photos, graphic images, videos and other media content related to your employment status and work history and resume content (“Content”), ii) interact via chat communications with any other Member Practitioner Users or employers/contract placement provider-users also using our Website (“Employer Users”) and including access and use of all related software, materials or applications made available to You through your Member Profile ("Materials"), for Your personal use, and shall continue until such time as Your rights to access and use are terminated by us or by You as set forth under these Terms (collectively the “Services”). These rights shall include your access and use of the Services as a single named user.The Services are only intended to be used by You in a lawful manner in compliance with all existing state, provincial, territorial and/or national laws governing your use of the Services.

Registration & Member Accounts

We require that You register and apply in order to create and access/use Your Member Profile and display any Content. You represent to us that any information You provide during registration is accurate and current, and that You are authorized to provide such information. You will be required to maintain and update your registration information as required to keep your information complete and accurate at all times. We may, in our discretion, terminate, suspend, or modify your registration with, or access to, all or part of the Website and/or the Services, without notice, at any time if you have provided untrue, inaccurate or incomplete registration information. You will be issued or required to create a user ID and password to log-in to access Your Member Profile. You can use this log-in information to access the Services at any time and You may create a unique user ID and password after you have logged-in for the first time. 

Account Security: It is your responsibility at all times to maintain the security and confidentiality of your account information, including your user ID and password information. We are not responsible and shall have no liability to You for any misuse or unauthorized access or use of your account. You agree that You shall be the only user of your account and will not allow others to use your account information to log-in and access this Website other than has may be expressly allowed under your license rights stated in these Terms. You assume liability for and are solely responsible at all times for all use and all actions made under or through your account including, but not limited to, unauthorized use by any third parties or any employees. You agree that we may act in reliance, without investigation, upon any of your log-In information. We will not be required to inquire into the truth or evaluate the merits of any of your log-In information.

Services Term & Automatic Renewal

The term and your access rights being granted to You shall be equal to one year ("Term"). The Term shall begin on and including the day You register and create an account, unless otherwise stated in this Agreement, and ending on 11:59 p.m. EDT (GMT-5 hours) on the final day of the Term. This Agreement shall be automatically renewed upon the same terms and conditions for successive terms equal to the duration of the original Term ("Renewal Term"), unless this Agreement is canceled by You. Each Renewal Term shall begin on 12:00 a.m. EDT (GMT-5 hours) on the day following the last day of the previous Term, or any subsequent Renewal Term. By providing your credit card, debit card, PayPal, bank account information or any other billing information, You hereby authorize us to charge all fees applicable to your subscription package. All payments must be authorized and/or made at the time of purchase and will be made automatically in advance of each subscription period. We may, in our sole discretion, provide you with monthly, quarterly, semi-annual, and/or annual subscription service plans from which to choose, depending on your payment method, account history, and/ or account preferences, as set forth on this Website.

You are responsible to pay in addition to any taxes, levies, withholdings, or duties imposed by taxing authorities or other applicable third parties. You are responsible for the payment of all such taxes, levies, withholdings or duties.

Membership fees & Payment Authorization

You agree to pay the membership fees listed on our Website pursuant to the Services subscription level for the annual Term (or any Renewal Term) for the duration of that term. Your credit card or other payment method You provide will be automatically charged in the applicable amount stated above immediately after the expiration of the Term and upon the expiration of each subsequent Renewal Term, unless otherwise stated in this Agreement. YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT YOU HAVE ELECTED TO PAY APPLICABLE MEMBERSHIP FEE USING A CREDIT CARD OR AUTOMATIC ACH DEBIT, YOUR FAILURE TO CANCEL THIS AGREEMENT BEFORE THE END OF THE INITIAL TERM OR ANY SUBSEQUENT RENEWAL TERM WILL RESULT IN AUTOMATIC CHARGES TO YOUR CREDIT/DEBIT CARD OR OTHER PAYMENT METHOD YOU HAVE PROVIDED FOR THE TOTAL AMOUNTS DUE FOR THE SUBSEQUENT RENEWAL TERM AND UPON THE TIME(S) DUE AS STATED UNDER THE TERMS OF THIS AGREEMENT. YOU AGREE THAT FAILURE TO CANCEL THIS AGREEMENT SHALL INDICATE YOUR IRREVOCABLE CONSENT AND AUTHORIZATION TO SUCH AUTOMATIC, RECURRING BILLING BY US, AS APPLICABLE. You agree that you have been given every opportunity to review these terms before providing your billing information. We reserve the right to change the subscription prices for any of our membership levels, to apply upon commencement of the next subsequent Renewal Term. You shall receive notice about any price increase in advance of the beginning of the Renewal Term in which such increase is to become effective by email. We process all payments to it through a third party. Should your payments be canceled or reversed because of insufficient funds or chargebacks, you will be responsible for any charges and/or penalties implemented by these third parties to you and/or by us.

Subscription Termination

You may terminate your subscription to the  Services for any reason or for no reason by sending an email to [email protected] with the subject line "Cancellation." Include your stated desire to cancel in the body of your email and reference the  Services. Upon receipt of your email, we will send You written confirmation that this Agreement and your right to use the Services will be terminated upon expiration of the then-current subscription term and, upon such termination, this Agreement will terminate and we will stop debiting your credit card or other payment method for any future membership fees covering any subsequent Renewal Term. In the event this Agreement is terminated, such termination shall be effective beginning at 12:00 a.m. EDT (GDT-8 hours) the day following the date You send email notice to us. Notwithstanding, If you fail to accept an update or amendment of this Agreement (as described in this Agreement), this Agreement shall automatically terminate.

Refunds

We will not refund any portion of the membership fee unless Your subscription is terminated by us at our sole discretion, in which case You will then receive a prorated refund based on the annual membership period and days remaining in such subscription period. There will be no refunds for any periods should your account be canceled for any other reason.

Services Termination 

We may terminate these Terms at any time in our sole discretion. We may also terminate your use and access the Services by sending you a notice of termination to the email address included in your log-in information (which notice shall be effective upon being sent by us) if: i) You violate or breach one or more provisions of these Terms; or ii) we determine in our sole and exclusive judgment that terminating your access to our Website is advisable for security reasons, to protect us from liability, or to maintain the continued normal uninterrupted operation of our Website and/or the Services. Once these Terms are terminated for any reason, your rights to use the Services shall terminate and shall otherwise be revoked by us. 

DMCA and Trademark/Service Mark Policy

We will, in appropriate circumstances as determined in our sole discretion, terminate Your rights to submit, upload or post any Content onto Your Member Profile using our Services. If any such Content infringes upon any third-party intellectual property rights, we will investigate notices of copyright infringement and take appropriate actions pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). Please see our DMCA Policy on this Website for more details and how to notify us of any alleged infringing materials appearing on this Website.

CONTENT POLICY & USER REPRESENTATIONS 

The following Policy contains important restrictions, notices and disclaimers that governs your use the images, graphics, photos, videos, audio recordings, text and/or any other written or electronic materials you upload to your Member Profile or use during any direct interaction with any Employer Users of our Services through our messaging feature in connection with the Services (“Content”). In consideration for your access and use of the Services offered by us, You agree to comply with the following terms and conditions at all times during your use of this Website and your Member Profile.

A. Representations. You represent that You are the owner, authorized licensee or authorized user of any Content that is uploaded and used directly by You on our Website. You also represent that You have a signed written consent or release for each identifiable person appearing in the Content to use their name and/or likeness to allow inclusion and use of the Content in the way contemplated by You in connection with your use of the Services. You agree that You will not upload, publish, link to or otherwise distribute any Content that:

   i) promotes, solicits, comprises or contains abusive, defamatory, excessively violent content or child pornography; or

   ii) encourages conduct that would violate any law or Content that violates any applicable statute, ordinance,                         regulation or rule; or

    iii) contains personal information about any individual without consent or otherwise violates the privacy of any other            individual or entity or Content You are not authorized to disclose; or

    iv) otherwise infringes on the rights of any third parties, including those of copyright, patent, trademark, service mark,          trade secret, or other intellectual property rights, or engage in false advertising, unfair competition, defamation,                 invasion of rights of celebrity, violation of anti discrimination law, or violation of any other right of any person or               entity;

     v) misrepresents an affiliation with another person or organization; or

     vi) is materially false, misleading or inaccurate; or

     vii) violates any of the current association standards set forth by our payment processors.

B. Content Storage. You are solely responsible for all Content including, if desired by you, the making and keeping of back-up copies of any or all Content. We shall not have any responsibility or liability for the deletion or accuracy of any Content, the failure to store, transmit or receive transmission of any Content or the security, privacy, storage or transmission of other communications involving your use of our Website. We will not access or view any Content, except as follows: (1) as permitted under these Terms, including our Privacy Policy; or (2) as necessary to maintain or provide the Website or the Services, including without limitation: (A) to conform to legal requirements or comply with legal process as deemed necessary or advisable by us in good faith; (B) to detect, prevent or otherwise address fraud, security or technical issues; or (C) to enforce these Terms, including investigation of potential violations hereof as further described in this Policy (Investigations).

C. Content Removal & Irrevocable License to Use Content. Any Content you upload to our Website will be treated as non-confidential and may be restricted from being displayed on this Website under these terms at our sole discretion. When You post Content on this Website, You keep all rights and title to the Content including all intellectual property rights, but You grant us with an irrevocable, non-exclusive, royalty-free and perpetual right to post, display, copy, and modify that Content in connection with the operation of this Website, and to sell or otherwise transfer that Content in connection with the transfer of operation and/or ownership of this Website, or other location to which the Content was posted.

D. Content Disclaimers & Monitoring. You agree that we shall not be responsible to You for any Content. We assume no responsibility to investigate or verify that the Content does not violate these terms, any law or the rights of some third party or is otherwise injurious or causes some third party to suffer any damages. Under no circumstances shall we be liable for any damages occurring or arising from any Content posted or transmitted on this Website by You that is defamatory, libelous or slanderous, contains any omissions, falsehoods or otherwise violates any law or right of some third party. If we become aware of any actual or possible violations by You  of any provision of these Terms, we reserve the right to investigate such actual or possible violations and we may, at our sole discretion, immediately terminate these Terms (including your access to the Services), or may remove any Content, in whole or in part, without prior notice to You. If, as a result of any such investigation, we believe that criminal activity has occurred or is occurring, we reserve the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. In connection with any such investigation, we are entitled, except to the extent prohibited by applicable law, to disclose to law enforcement or other government officials, as we in our sole discretion believes to be necessary or appropriate, any information (including without limitation personally identifiable information), about you that is in our possession in connection with Your use of the Member Profile and the Services in general.

E. Content Termination. If you choose to terminate your access and use of the Services, the terms of these Terms regarding any Content you have uploaded remain applicable. Content that you have posted to your Member Profile or this Website other than Content that has been published, will not be deleted or retired as a result of your termination. Data retained in backups will be removed only as the backups are purged in the normal course of our backup procedures. 

Employer Users Services Obligations & Restrictions 

Our Employer Users directly communicate to You through our platform. Details of terms of employment or contract placement including applicable rates of pay or union agreement, etc. will be made available by Employer Users as they may determine. We shall not be held liable for the non-receipt or delayed receipt of any communications sent to You by any Employer Users. You agree to supply the subject Employer Users with legitimate and accurate personal information as may be required to be obtained by any hiring entity or as may otherwise be requested by any Employer Users. This may include, but is not limited to, evidence of your right to work, your full legal name, date of birth, social security number and your current address and including copies of any photo or other identification requested.

No Employment Relationship 

When You are hired as an employee or engaged as a contractor by any Employer Users in connection with placement through our Website, You will be employed directly by the hiring entity and not by us. (The hiring entity may be by any Employer Users as a direct employer or may be a third-party clientof any staffing company Employer Users.) We shall have no responsibility to You whatsoever for providing You with any compensation, benefits or other consideration promised to You in connection with any given job posting by a Employer Users that You elect to accept. 

No Employment or Job Placement Liability 

We shall have no liability to You for any information provided in connection with every job opportunity or contract placement opportunity seeking to be filled by any Employer Users through the Services, including rates of pay, any applicable union agreements, dates, location and any other terms. You have the right to decline any invitation to conduct any screening or other form of requested communications by such Employer Users. Please note that using our Services does not guarantee employment or any contract placement with any Employer Users who have invited you to screen for any open positions. We shall have no liability to You whatsoever of any kind for any type of damages You may incur for the lack of any actual job offers extended to You by any Employer  User after completion of any screening/interviewing process You participate in, or for any termination of any accepted employment or contract placement by You in connection with Your use of the Services.

Employer Users Data Disclaimer

We shall not have any liability to You whatsoever for the collection of any data that may personally identify you, either by itself or when aggregated with other data, by any Employer Users using our Services. We do not monitor any Employer Users activity occurring in connection with the use of any data any Employer Users may collect through your use of the Services generally, and we shall have no obligation to You to do so.

Indemnification by You

You hereby agree to defend, indemnify and hold us, our employees, consultants, agents, representatives, attorneys or any parent, subsidiary or other entity controlled or owned by us, harmless from and against any and all claims, liabilities, damages or costs (including without limitation fees, costs and other expenses of attorneys and expert witnesses) arising out of or in any way related to: (i) any breach of these Terms by You; (ii) your use of and access of our Website and use of the Services including, but not limited to, any Content You upload or post; (iii) any actual or alleged violation by You or by any person using your user account information (whether or not such use is authorized by You) of these Terms or any applicable law, or any intellectual property, proprietary, privacy or other right of any third party; (iv) your negligence or willful misconduct.

Down Time Disclaimer 

While we strive to keep downtime to a minimum, from time to time the Website and the Services may be unavailable, whether due to periodic maintenance or otherwise. No downtime “credit”, refund or any other type of proration will be provided by us for downtime caused by any of the following: (i) periodic maintenance (notice of which will be posted in advance on the Site at the point of user log-in and/or e-mailed to the e-mail address contained in your primary Log-In Information);  (ii) any reason described in our section regarding Force Majeure; (iii) your inability to connect to or to access the Site or Services due to problems related to your PC hardware, software, network, network setup or security, or your Internet service provider or any other similar problem; or (iv) any other reason. Downtime credit pursuant to this Section will not be issued in connection with any non-paid use including without limitation our initial free-trial period. 

SERVICES WARRANTY DISCLAIMER

THE SERVICES INCLUDING YOUR MEMBER PROFILE FUNCTIONALITY ARE BEING MADE AVAILABLE AND ON A "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS" AND IS BEING PROVIDED WITHOUT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY REGARDING THE QUALITY, USEFULNESS, RELIABILITY OF OR PERFORMANCE OF THE SERVICES OR THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OF USE OR THAT YOU WILL MAKE ANY SALES/GENERATE ANY REVENUE USING THE SAME. YOU AGREE TO ASSUME THE SOLE RISK ASSOCIATED WITH YOUR USE OF THE SERVICES.

MEMBERPROFILE & MESSAGE INFORMATION COLLECTION

WE STORE ALL CONTENT YOU UPLOAD/POST USING YOUR MEMBER PROFILE AND ALL  MESSAGES YOU POST WITH ANY PROSPECTIVE EMPLOYER USERS ALSO USING OUR WEBSITE INCLUDING THE DATE AND TIME SUCH MESSAGES ARE POSTED BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICES. WE ALSO COLLECT AND STORE ALL INFORMATION SUBMITTED DURING ANY CHAT OR MESSAGING CONDUCTED BY YOU WHEN YOU USE OUR PLATFORM TO INTERACT WITH ANY EMPLOYER USERS IN CONNECTION WITH OUR SERVICES INCLUDING, WITHOUT LIMITATION, IDENTITY INFORMATION (AS DEFINED IN OUR PRIVACY POLICY), THE REAL TIME “CHAT” DIALOGUE BETWEEN YOU AND ANY EMPLOYER USERS OR ANY OTHER MEMBERS ENGAGING IN OUR COMMUNITY FORUM, YOUR SCREEN NAME YOU USE IN CONNECTION WITH YOUR MEMBER PROFILE OR ANY OTHER DATA OR INFORMATION THAT IS  DISPLAYED OR TRANSMITTED THEREON. 

Miscellaneous:

A. Entire Agreement. You agree that these Terms constitute the complete and exclusive Terms regarding your access to and use of the Services, along with the terms contained in the Website Terms of Use, and supersedes any prior communications, representations or Terms of the parties, whether written or oral. These Terms cannot be altered, amended, or modified except in writing executed by an authorized representative of each party. Neither electronic mail nor instant or text messaging shall be considered a writing sufficient to change, modify, extend or otherwise affect the terms of these Terms.

B. Authority. If You are accepting these Terms on behalf of another person or a legal entity including your business, You represent and warrant that You have full authority to bind that person, company, or legal entity to these terms and otherwise have authority to enter into these Terms.

C. Waiver. The waiver by us of a breach of any provision of these Terms by You shall not operate or be construed as a waiver of any other or subsequent breach by You.

D. Prior Dealings. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of or interpretation of any provision contained in these Terms.

E. Assignment. These Terms inure to the benefit of, and are binding upon the parties and their successors and/or assigns. You may not assign, delegate or otherwise transfer all or any part of your rights or obligations under these Terms without prior written consent by us. Any such attempted assignment, delegation, or transfer will be null and void.

F. Survival. Any provisions in these Terms which by their nature extend beyond the termination or expiration of any license to use the Services will remain in effect until fulfilled and will apply to both parties' respective successors and permitted assignees.

G. No Joint Venture or Partnership. Nothing in these Terms will be construed as creating a joint venture, partnership, agency or employment relationship between the parties, nor will either party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other. 

H. Headings/Construction. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will be interpreted without application of any strict construction in favor of or against You or us.

I. Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Terms shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of these Terms shall not affect the validity, legality, or enforceability of the remainder of the Terms.