Last revised on October 10, 2012
Terms of Use

 

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY.

 

These Terms of Use are a legal agreement between you (“You” or “Your”) and NPsights.com (“NPsights”, “We” or “Us”) and sets forth the terms and conditions for users of the NPsights website (the “Site”).

 

Please read these Terms of Use and any other documents referenced herein carefully before using the Site. By clicking “I Agree,” You agree to be bound by the terms set forth herein. If You do not agree with or do not wish to be bound by all of the Terms of Use, do not use the Site. We reserve the right to amend these Terms of Use at any time and will post any amendments here. Since any such amendments will be binding on You, You should make certain You review these Terms of Use from time to time.

 

1. NPSIGHTS’ CONTENT

 

All materials published on NPsights (the “Content”) are protected by copyright, trademark and other applicable intellectual property laws, and are owned or controlled by NPsights and/or third parties. You will abide by copyright or other notices, information and restrictions appearing in conjunction with any Content. NPsights and its logos and NPsights Blog are trademarks and the property of NPsights. All other names and trademarks are the property of their respective holders.

 

The Content is for informational and educational purposes only and is not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. Neither the Content nor any other service offered by or through this Site is intended to be for medical diagnosis or treatment.

 

Content available through the Site often represents opinions and judgments of an information provider, Site user, or other person or entity not connected with Us. We do not endorse, nor are We responsible for the accuracy or reliability of any opinion, advice, statement, and/or job posting made by anyone other than an authorized NPsights spokesperson speaking in his/her official capacity.

 

2. PRIVACY

 

YOUR PRIVACY IS OF UTMOST IMPORTANCE TO US. YOUR IDENTITY WILL REMAIN ANONYMOUS UNLESS AND UNTIL YOU CHOOSE TO REMOVE THE ANONYMOUS FUNCTIONALITY OF THE SITE. Click here to view the Privacy Policy. You agree to the terms and conditions of the Privacy Policy.

 

By registering with the Site, You are granting NPsights permission to send you electronic communications, which may include Daily Digest e-mails, real-time alerts and other e-mail correspondence. You may opt out of receiving these communications by sending a request to admin@NPsights.com.

 

You agree that You may, from time to time, be invited to participate in certain client services such as polls, surveys, focus groups and advisory panels. Your agreement to participate in such services is entirely voluntary. When You are invited to participate, You will be informed of any incentive (such as an honorarium) offered in connection with Your participation.

 

3. USE OF SITE OR CONTENT

 

You agree to abide by NPsights’ Code of Conduct which You may access by clicking here.

 

Any use of this Site or the Content shall be considered a limited use license, not a transfer of title, and is subject to the following restrictions: You may not: (a) modify the Content or use it for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, disassemble or make derivative works of the Content; (c) remove any confidentiality, privacy, patent, copyright, trademark or other proprietary notices from the Content; (d) transfer the Content to another person or entity in manners inconsistent with this Agreement and current NPsights policies; or (e) engage in any unauthorized copying of the Content or information. NPsights may make changes to the Site, any Content, or to the services and/or products described therein, at any time without notice. NPsights does not collect personal health information about individuals.

 

Your identity will remain anonymous unless You affirmatively choose to remove the anonymous functionality. You agree that any content, information, feedback, questions, comments and/or submissions to NPsights that You provide to Us (“Submissions”) will become and remain our property. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. In addition, You hereby waive all moral rights You may have in any Submissions.

 

If You believe that any Content is being used in a manner that constitutes copyright infringement, please notify Us using either of the methods specified in Section 12.

 

4. USER CONTENT

 

NPsights makes available the ability to post Your own Content in an anonymous fashion in blogs, forum messages and e-mails to other users (“User Content”). You may also remove the anonymous functionality and/or add to Your personal profile and Your User Content, which may be viewed by other registered participants of NPsights.

 

As a user of this Site, You are solely responsible and liable for the accuracy of the information that You provide to Us.

 

By posting User Content to any part of NPsights, You automatically grant, and You represent and warrant that You have the right to grant to NPsights, an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with NPsights or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.

 

You are prohibited from posting or transmitting to or from this Site any unlawful, infringing, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. You are prohibited from revealing the name or other personally identifying information of any other NPsights member unless that individual has previously revealed his or her own name or personally identifying information. Communications with this Site can and will be monitored, captured, recorded, and transmitted to such authorities as deemed necessary by NPsights in its sole discretion and without further notice.

 

5. REPRESENTATIONS AND WARRANTIES

 

By representing that You are a member of the nursing profession, You grant NPsights permission to confirm your nursing credentials through the National Council of State Board of Nursing, a similar entity or through other means as necessary. WHILE NPSIGHTS IS NOT RESPONSIBLE FOR CONFIRMING EACH USER’S CREDENTIALS, IT HAS THE RIGHT TO DO SO AT THE COMPANY’S DISCRETION. If You are found to have misrepresented your credentials, You will automatically be removed from the site and may be subject to legal action by NPsights.

 

You represent, warrant and covenant that: (1) no Submissions of any kind submitted by You or NPsights’ use thereof in accordance with the Terms of Use, will (a) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (b) contain unlawful material or reflect unlawful activities; (c) constitute false or misleading indications of origin or statements of fact; (d) slander, libel or defame any person or entity; (e) cause injury of any kind to any person or entity; or (f) violate any applicable laws, rules, regulations or other governmental regulations (collectively, “Laws”) including, without limitation, all Laws directly or indirectly applicable to You that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of confidential patient information, which include, but are not limited to, The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and use Your best efforts to cause all persons or entities under Your direction or control to comply with such Laws; (2) You are a resident of the United States and are at least 18 years old or the applicable age of majority in Your jurisdiction and possess the legal authority to enter into this Agreement; (3) You are a currently licensed nurse practitioner in the United States; (4) You are not a paid consultant or have any other financial interests in the information You provide to this Site including, but not limited to, the disclosure of confidential clinical trial or other proprietary information; and (5) You will use any Content for informational and educational purposes only.

 

You agree to defend, indemnify and hold NPsights, its affiliates and their respective members, directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including NPsights’ reasonable attorneys fees, expert fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to Your breach of these Terms of Use or the forgoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any claim. NPsights reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You shall not enter into any settlement agreement that affects the rights of NPsights without NPsights’ prior written approval.

 

6. PAYMENT TERMS

 

All payments will be in United States dollars (e.g., money earned by members from NPsights Member Referral Program or through voluntary participation in market research with corporate clients). In the event any payment due to You is subject to or becomes subject to any tax or other deduction payable by You, You agree to pay and bear the expense of local, state and/or federal government licenses, sales and use, foreign withholding tax, property and ad valorem taxes, which may be imposed or assessed with respect to payments made by NPsights to You. Depending on circumstances such as requirements imposed by federal and state tax laws or other statutory requirements, You may also be asked to provide additional personal information for reporting requirements.

 

7. LIMITATION OF LIABILITY AND GENERAL DISCLAIMERS

 

IN NO EVENT SHALL NPSIGHTS, ITS AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE CONTENT; (2) RELIANCE ON THE SITE AND CONTENT; (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES; (4) INFORMATION COMMUNICATED THROUGH CHAT ROOMS OR MESSAGE BOARDS; (5) ANY OTHER FAILURE TO PERFORM BY NPSIGHTS OR NPSIGHTS’ CONTENT PROVIDERS; OR (6) YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR E-MAIL ADDRESS, PASSWORD AND ACCESS CODES. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER NPSIGHTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AND NPSIGHTS AGREE THAT THE AGGREGATE LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF $100.00. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, NPSIGHTS WOULD NOT PROVIDE YOU WITH ACCESS TO THE SITE OR CONTENT.

 

THE CONTENT IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. NPSIGHTS ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, CONTENT, OR THIRD PARTY SITES (1) WILL BE UNINTERRUPTED OR ERROR-FREE; (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS; (3) IS SECURE; OR, (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE AND THE CONTENT. Because some jurisdictions may not permit each of these disclaimers and limitations, the above limitation may not apply to You. NPsights and its affiliates and their respective members, directors, officers, employees, stockholders and agents further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained in the Site or any Content.

 

8. LINKS TO OTHER SITES AND CONTENT

 

The Site may contain links to other internet sites and resources that are not under the control of NPsights. Selection of a link will direct You to a third party web site. Interactions that occur between You and a third party are strictly between You and such third party and are not the responsibility of NPsights. We are not responsible for reviewing or evaluating, and do not warrant the offerings of any businesses or individuals or the content of their web sites. NPsights does not assume any liability or responsibility for the actions, products, availability or content of these sites. You should direct any concerns regarding external links to the site administrator of the third party website.

 

9. APPLICABLE LAW

 

This Site is operated by NPsights from its offices in the Commonwealth of Massachusetts. NPsights makes no representation that the Content in this Site is appropriate for use in other locations. If You choose to access this Site from other locations, You do so at Your own initiative and You are responsible for compliance with applicable local laws. These Terms of Use are governed by and shall be construed in accordance with the internal substantive laws of the Commonwealth of Massachusetts without reference to its conflicts of law rules.

 

10. DISPUTE RESOLUTION

 

Any dispute between NPsights and You arising out of this Agreement shall be resolved first by communication between NPsights and You. Should NPsights and You be unable to so resolve the dispute, NPsights or You may submit any dispute arising out of or relating to this Agreement or the breach thereof to final and binding arbitration administered by the American Arbitration Association (the “AAA”). The arbitration will be conducted before a mutually acceptable arbitrator. If NPsights and You cannot agree upon an arbitrator, the arbitrator shall be selected in accordance with the Commercial Arbitration and Mediation Rules of the AAA. The arbitration shall take place at a location near NPsights’ headquarters. Any decisions shall be in writing, based on Massachusetts laws and precedent, and each party shall be responsible for its costs associated with the arbitration.

 

11. TERMINATION; SITE CHANGES

 

Your right to access and use the Site and Content immediately terminates without further notice upon Your breach of this Agreement. NPsights may terminate this Agreement and/or Your right to use the Site and Content at any time, with or without cause. Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12 and 13 of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. NPsights reserves the right to discontinue or make changes to the Site and/or Content at any time.

 

12. NOTICE

 

NPsights may deliver notice to You by means of electronic mail, a general notice on http://www.NPsights.com, or by written communication delivered by first class United States mail or overnight delivery to Your address of record. You may give notice to NPsights at any time via electronic mail to admin@NPsights.com or by letter delivered by first class United States mail or overnight courier to NPsights, 220 Forbes Road, Suite 106, Braintree, Massachusetts 02184.

 

13. MISCELLANEOUS

 

This Agreement and any other terms or agreements referenced in this Agreement contains the entire agreement between You and NPsights relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. NPsights may assign this Agreement, in whole or in part, in its sole discretion. You may not assign Your rights under this Agreement without NPsights’ prior written permission. Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. Any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement. NPsights shall not be liable for any failure or unavailability of the Site and/or the Content or failure by NPsights to perform a transaction as a result of strikes, acts of God, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, wars, acts of vandalism, or any other event beyond NPsights’ control. If any provision of this Agreement shall be deemed invalid, inoperative or unenforceable, then each such provision shall be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intent of the parties, and the remaining provisions shall remain in full force and effect.


This site is owned and operated by Employee Power, LLC.