Terms and Conditions

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE. Nurses Off The Clock, LLC (“NOTC,” “we,” “us”), parent company of BY YOR, provides this web site(the “Site”) and content including documentation, discussion thread postings, blogs, wikis, data and photographs (the “Materials”) subject to the terms of this agreement (the “Agreement”). BY USING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ANY AMENDMENTS.

NOTC may at any time revise this Agreement by posting an amended Agreement. Your use of the Site following the posting of an updated Agreement constitutes acceptance of the updated Agreement.

  1. PRIVACY. Personal information you submit to NOTC is governed by the NOTC Privacy Policy. This Agreement shall govern if there is an inconsistency between it and the Privacy Policy.
  2. USER’S SUBMISSIONS.

You agree not to submit any Personally Identifiable Information of anyone other than yourself.

You grant NOTC a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, distribute, perform, sublicense and display any submission in any medium or form. If you wish to keep information proprietary, do not submit to NOTC without a prior confidentiality agreement.

NOTC reserves the right to review all information prior to posting on the Site and to remove any information for any reason, at any time, including information including expressions of hate, abuse, offensive images or conduct, obscenity, pornography, or sexually explicit information, without prior notice, at its sole discretion. Discussions and/or comments on suicide and/or homicide, or any illegal activity, will not be entertained.

This Site does not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. Any user who has thoughts of self harm or harm to others, or who has any questions regarding personal health or medical conditions, should always seek the advice of a physician or other qualified health care provider immediately.

  1. RULES OF CONDUCT. You agree not to (a) attempt to gain unauthorized access to other computer systems through the Site; (b) engage in spidering, screen scraping or any other automatic means of obtaining information on users or other information from or through the Site; (c)interrupt or disable the Site; or (d) use the Site in violation of any applicable law.
  2. REGISTRATION AND ACCOUNT SECURITY. To maintain the security of your account, (a) you will not provide any false personal information on NOTC, or create an account for anyone other than yourself without permission; (b)you will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser); (c) you will not use NOTC if you are under 13; (d) you will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account; and (e) we reserve the right to remove or reclaim your selected username.
  3. NOTC’S PROPRIETARY RIGHTS. You acknowledge that the Site and the Materials are the property of NOTC or its licensors, and are protected by copyright, trademark, and/or other proprietary rights and laws. Except as expressly authorized in advance in writing by NOTC, you agree not to copy, distribute, transmit, display, perform or create derivative works of the Site or any of the Materials. Subject to your compliance with this Agreement, NOTC does grant to you a limited, personal, revocable, non-transferable and non-sublicensable license to (a) access the Site and the Materials via the Internet solely for purposes of viewing such materials and (b) to print out pages of the Site for your personal, non-commercial use if you include the following copyright notice: “Copyright ©2013, Nurses Off The Clock, LLC. All rights reserved” and other copyright and proprietary rights notices that are contained in the Materials.

If you violate any terms of this Agreement, your permission to use the Materials automatically terminates and you must immediately destroy any copies you have made of any portion of the Materials.

Nothing on the Site should be construed as granting any right or license to use any of NOTC’s trade names, trademarks, or service marks without the prior express written permission of NOTC.

  1. ADVERTISEMENTS, SEARCHES, AND LINKS TO OTHER SITES. The Site provides links to third-party web sites and advertisers may be allowed to respond to certain search terms with ads or sponsored content. NOTC does not endorse or make any representations regarding the content or accuracy of third-party sites or advertisements. Your use of third-party websites is at your own risk and is governed by the terms and conditions of use for such sites.
  2. MOBILE. We may provide mobile services, but be aware that your carrier’s normal rates and fees, such as text messaging fees, will apply. You agree to provide all rights necessary to enable users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on NOTC, as well as your name and profile picture.
  3. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. THE SITE AND THE MATERIALS ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. NOTCDOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, WARRANTIES THAT MIGHT ARISE FROM YOUR USE OF THE SITE (INCLUDING ANY LINKS TO OTHER WEBSITES THAT ARE CONTAINED WITHIN THE SITE) AND THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NOTC WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF NOTCHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE MATERIALS IS TO STOP USING THE SITE AND THE MATERIALS.
  4. INDEMNITY. You agree to indemnify NOTC from all claims, costs, damages and expenses (including attorneys’ fees) arising out of: (a) any violation of this Agreement by you; and(b) any allegation that anything you transmit through or in connection with the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.
  5. JURISDICTIONAL ISSUES. The Site is operated by NOTC from Lauderhill, Florida, U.S.A., and is not intended to subject NOTC to the laws or jurisdiction of any state, country, or territory other than that of Florida and of the United States. NOTC does not represent or warrant that the Site or the Materials are appropriate or available for use in any particular jurisdiction.
  6. GOVERNING LAW AND FORUM. This Agreement is construed under the laws of Florida without regard to its conflicts of law. Any dispute arising under or relating to this Agreement, the Site or the Materials, shall be brought in the federal and state courts located in Broward County, Florida, and you waive any objections to the jurisdiction and venue of such courts, including inconvenient forum.
  7. COPYRIGHT AGENT. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to NOTC, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
PO BOX 26471, Tamarac, FL 33320, Ph: 800-826-8097, support@byyor.com;

A description of the copyrighted work that you claim has been infringed;

A description of where the alleged infringing material is located;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Nurses Off The Clock, L.L.C.

Attn: Copyright Agent

P.O. Box 26471

Tamarac, Florida 33320

 

  1. MISCELLANEOUS. If any provision of this Agreement is found to be void, that provision will be severed and will not affect the validity and enforceability of any remaining provision. Any heading in no way defines or explains any section or provision. Failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
  2. COMPLETE AGREEMENT; NO MODIFICATION; NON-ASSIGNABILITY. This Agreement together with any of NOTC’s policies referred to herein constitute the entire agreement between you and NOTC relating to the Site and the Materials, and supersede any prior or contemporaneous written or oral agreements between you and NOTC regarding the subject matter. Any modification of this Agreement must be in writing and signed by the party against whom enforcement is sought. You may not assign, transfer or sublicense this Agreement without the prior written consent of NOTC.

Questions or comments regarding the Site should be submitted using the Contact Us Form or via U.S. mail to: Webmaster, Nurses Off The Clock, L.L.C, P.O. Box 26471, Tamarac, Florida 33320.