GLOBAL TERMS OF USE

THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) APPLY TO YOUR (“YOU AND/OR “YOUR) USE OF NAFNP.ORG (“WEBSITE”) GENERALLY AS EITHER A MEMBER OF OUR PLATFORM OR A NON-MEMBER PUBLIC VISITOR AND FORMS A BINDING AGREEMENT WITHNATIONAL ASSOCIATION OF FAMILY NURSE PRACTITIONERS, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY (“NAFNP,”“WE” OR US”). THE FOLLOWING TERMS AND CONDITIONS MAY SOMETIMES BE REFERRED TO AS “AGREEMENT” HEREINAFTER. 

SEPARATE EMPLOYER/PROJECT PLACEMENT PROVIDER TERMS OF SERVICE ALSO APPLY TO YOUR REGISTRATION ON THIS PLATFORM AS AN EMPLOYER-USER OF OUR WEBSITE.

SEPARATE SUBSCRIBER TERMS OF SERVICE ALSO APPLY TO ANY NURSE PRACTITIONERS USING OUR WEBSITE. 

THE EMPLOYER TERMS AND SUBSCRIBER TERMS OF SERVICE ARE ALSO REFERRED TO COLLECTIVELY HEREINAFTER AS “OTHER AGREEMENT.”

BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, THAT YOU UNDERSTAND THIS AGREEMENT AND THAT YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH US. YOU ALSO AGREE THAT BY ACCEPTING THESE TERMS, YOU CONSENT TO OUR COLLECTION AND USE OF CERTAIN DATA AS SET FORTH IN OUR PRIVACY POLICY.  

IF YOU ARE UNDER THE AGE OF 18, YOU ARE RESTRICTED FROM USING ANY PORTION OF THIS WEBSITE AND YOU MUST EXIT THIS WEBSITE IMMEDIATELY.

Website Access Rights

Subject to Your continued compliance with this Agreement, You are hereby granted with the non-exclusive, non-transferable and revocable limited right to access and use those elements of this Website that have been made generally available to all website visitors in order to view and purchase those products offered by the various third-party sellers offering goods on this platform, including access to all text, graphics, headers, banners, images, source code, tags, videos, applications, files and any other separate Website and/or database element made available to You through the Website (“Materials”). We shall exclusively retain all rights not expressly granted to You as set forth herein in and to the Materials together with all trademarks, patents, trade secrets and any other proprietary rights inherent therein and related thereto.

Your ability to access and use the Website may require the payment of third party fees and charges (including but not limited to fees and charges such as Internet service provider fees, or fees or taxes imposed on Internet , including any sales or use taxes, by governmental agencies). You are responsible for paying all such fees, charges and taxes. We are not responsible for any equipment you may need to be able to access or use of the Website.

General Use Restrictions

You are not authorized to (i) resell or sublicense, outsource, time-share or rent the Materials; (ii) distribute, transmit, or publish any portions of the Website to the public or download (other than page caching) or modify any portion of the Website in any form, format, or method; (iii) modify, create derivative works from or reverse engineer, reverse assemble, disassemble or decompile the Website separate Materials or use unauthorized versions of any Materials for purposes including (without limitation) to gain unauthorized access to elements of the Website; or (iv) otherwise use the Website or any Materials as part of a product or service for any commercial use or purpose whatsoever or in any way exploit any of the Materials, in whole or in part, except as otherwise expressly permitted in this Agreement and any other agreement applicable to Your use of the Website. 

Compliance with Applicable Laws

We make no representation that the Materials available on this Website are appropriate or available for use in your jurisdiction. You are solely responsible for compliance with local laws in your jurisdiction or territory, to the extent applicable. Access and use of this Website from any jurisdictions where the Materials are illegal is strictly prohibited and we shall have no liability to You whatsoever in such case.

Third-Party Fees

Your ability to access and use the Services may require the payment of third party fees and charges (including but not limited to fees and charges such as Internet service provider fees, or fees or taxes imposed on Internet services, including any sales or use taxes, by governmental agencies). You are responsible for paying all such fees, charges and taxes. We are not responsible for any equipment You may need to be able to access or use the Website or otherwise use the Services.

Our Intellectual Property

You are being granted rights to access and use the Services and all Materials or limited purposes described herein and no portion of the Services and/or Materials are being sold to You. Except as expressly stated herein, this grant of access rights does not convey any other rights in and to the Services or any Materials contained on this Website, express or implied, or ownership of any intellectual property rights. All rights not expressly granted herein are reserved by us.

a. Copyrights/Software

We shall possess and retain all copyrights to content we have created (“Content”). This includes all programs, applications and separate source code, photographs, illustrations, audio files, videos, animations, flash files, text and all other similar Materials which are protected by copyrights held by us. We retain all rights, ownership, title and interest in and to all such property. We may also use content set forth above obtained from third party sources under a use license. All rights to such third party content remain with the owners of such third party content.

b. Trademarks & Service Marks

All logos or any other trademarks, trade names or service marks and/or any other marks or snippets, tags and metatags containing any such trademarks, service marks or trade name posted on this Website, whether marked or unmarked, are owned by us. No trademarks, trade names, service marks, etc., displayed on this Website may be used or displayed/published by You in any manner or through any medium without our prior written consent. We retain all rights, ownership, title and interest in and to all trademarks, trade names or service marks displayed on this Website used to identify the source of our services, whether or not we have registered for or have been granted any such protections under state and/or federal law. Additionally, any use of any metatags or any other tags or text not openly visible on this Website which utilizes our name, trademark, service mark, or uses the name of any product or service offered by us without  our prior written permission is strictly prohibited.

c. Third-party IP Rights

Your use of any third party software or content obtained through the Services does not transfer to you any rights, title or interest in or to the third party software or content. Further, you agree that you shall not use any third party software or content made available to you through the Services except as expressly authorized under the applic- able third party provider's terms of use or license, which are incorporated by reference herein for the benefit of such third party providers. If you do not agree to the third party providers' terms of use or license agreement, do not download or use the third party software or content. 

Our External Links Policy

We grant permission to link to this Website, including "deep linking" to web pages within this Website. However, at all times, any party electing to link to this site agrees to: (1) only use a text link to link to this Website as it appears on your website and You will not use any trademark or logo or incorporate any type of image link on your website using any of the Materials; (2) not engage in any "scraping" of the Materials by any means (i.e., extracting content from the Website and reformatting it, aggregating it with other content or redistributing it other than in its complete and original format); (3) not engage in any "framing" of any pages of this Website or any of the Materials by copying any displaying any portions thereof through use of any in-line links or by any other manner; and (4) display any web page within this Website in full including all trademarks, advertising, banner ads and all other promotional materials, unaltered and without any additional content not included on the original webpage, including any frame, border, margin, design, logo, branding, third party trademark or any other advertising or promotional materials not displayed on the original webpage. We reserve the right at any time, in our sole discretion, to revoke your right to link to any webpage on this Website. Any other use of any external links to this Website made in any manner other than according to these terms is strictly prohibited. 

External links Disclaimer

This Website may contain links to third party websites not owned by us. Any external links are provided as a matter of convenience to You. This means that we do not endorse the content contained on any website linked to this Website or claim any affiliation or sponsorship with such a third party website. By clicking on any external link, You understand you will be leaving this Website and will no longer be viewing any of the Materials. We have no control over the content contained in these other websites and have no obligation to review this content or information. If you decide to click on any of the links contained on this Website, You agree that You are doing so entirely at your own risk. You agree that we are in no way responsible for the availability, reliability or performance of any websites linked to this Website. Additionally, we shall not be held responsible or liable, directly or indirectly, for any claim in connection with your use of such third party websites including, but not limited to, any computer viruses, data loss or any claims relating to any products or services sold on any third party websites.

NO WARRANTIES

THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, ALL CONTENT AND FEATURES ARE BEING PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS OR INTEROPERABILITY OF ANY MATERIALS COMPRISING THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES THAT ANY PORTION OF THE WEBSITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT THE FUNCTIONS PERFORMED BY US IN MAKING THE WEBSITE AVAILABLE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED; AND (ii) ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

YOU AGREE TO ASSUME THE SOLE RISK ASSOCIATED WITH YOUR USE OF THIS WEBSITE.  WE DO NOT WARRANT THAT THIS WEBSITE OR ANY CONTENT CONTAINED ON OUR WEBSITE IS APPROPRIATE OR LEGAL IN YOUR JURISDICTION. THE USE OF THIS WEBSITE AND THE MATERIALS THEREON SHALL BE DONE SOLELY AT YOUR OWN DISCRETION AND RISK. YOU AGREE THAT  WE ARE NOT RESPONSIBLE FOR ANY UNAVAILABILITY, INTERRUPTION OR DELAY OF ANY SERVERS OR WITH TELECOMMUNICATIONS OR THIRD PARTY SERVICES (INCLUDING DNS PROPAGATION) NECESSARY TO HOST OUR WEBSITE AND/OR TO PROVIDE ACCESS TO ANY SERVICES OR MATERIALS MADE AVAILABLE THROUGH OUR WEBSITE, UNDER ANY CIRCUMSTANCES. 

Health-Related Information Disclaimer

ALL GENERAL HEALTH-RELATED OR MEDICAL INFORMATION AND CONTENT CONTAINED ON THIS WEBSITE AS POSTED BY ANY OF OUR MEMBERS IN OUR COMMUNITY FORUM OR AS CONTAINED IN ANY BLOG ARTICLE POSTED BY ANY SUCH MEMBER IS NOT MADE AVAILABLE BY US AND WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, USEFULNESS, RELIABILITY OF SUCH CONTENT. WE SHALL HAVE NO LIABILITY TO YOU WHATSOEVER OF ANY KIND OR NATURE STEMMING FROM ANY CONTENT POSTED ON THIS WEBSITE THAT YOU USE AND RELY UPON. 

We do not make any representations concerning the effectiveness of any treatment, course of action, test, product or service referenced on this Website or contained in any Materials You access on this Website or through this Website, as made available to You by any of our other members. You are encouraged to confirm any information obtained from or through this Website with other resources. We do not monitor or warrant the completeness and/or the accuracy of any medical or health-related information contained on this Website as the same is posted by our member-users only. We do not assume any responsibility for any errors, omissions or any inconsistencies. In addition, events or changes occurring after any information is posted on this Website or contained may render some of the information contained as obsolete, incomplete or inaccurate. 

LIMITATION OF LIABILITY

YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER INDIRECT DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR REVENUES, LOST DATA OR LOSS OF GOODWILL, OR FOR ANY OTHER INDIRECT DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE WEBSITE IN ANY MANNER WHATSOEVER INCLUDING, BUT NOT LIMITED TO, YOUR USE OR RELIANCE ON ANY MATERIALS THAT IS ACCESSED BY THIRD PARTIES ILLEGALLY WITHOUT AUTHORIZATION THROUGH THIS WEBSITE OR ANY CORRESPONDING DATABASES. WE SHALL NOT BE LIABLE AS STATED ABOVE REGARDLESS OF THE CAUSE OF ANY DAMAGE INCURRED, INCLUDING ANY DAMAGES NOT FORESEEABLE BY US AND REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTS (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE SAME. YOU ACKNOWLEDGE THIS MEANS YOU MAY BE WAIVING RIGHTS CONCERNING CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF AND YOUR RIGHTS UNDER ANY LAW THAT OTHERWISE MIGHT LIMIT WAIVER OF SUCH CLAIMS.

IF YOU ARE A NON-MEMBER PUBLIC VISITOR, YOU AGREE THAT THE TOTAL AMOUNT OF ANY OTHER DAMAGES INCURRED BY YOU FROM YOUR USE OF THE WEBSITE SHALL BE LIMITED TO THE SUM OF $100.00 WHICH SUM IS MEANT TO COMPENSATE YOU FOR ALL DAMAGES STEMMING FROM YOUR USE NO MATTER WHEN SUCH USE OCCURS. 

IF YOU ARE A MEMBER, YOU AGREE THAT THE TOTAL AMOUNT OF ANY OTHER DAMAGES INCURRED BY YOU FROM YOUR USE OF THE WEBSITE SHALL BE LIMITED TO THE TOTAL SUM OF THE MEMBERSHIP FEES YOU HAVE PAID TO US, WHICH SUM IS MEANT TO COMPENSATE YOU FOR ALL DAMAGES STEMMING FROM YOUR USE AS A MEMBER-USER NO MATTER WHEN SUCH USE OCCURS. 

Exceptions to Disclaimers & Limitations

Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to You. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as allowed under any applicable laws.

Data Collection & Use

You agree that We may collect aggregated statistics related to Your direct use of the Website that may be used by We to support, improve and enhance the Website generally or for any other internal use as set forth in our Privacy Policy. Also, in connection with any investigation by law enforcement agencies, we may be required to disclose to such agencies any of Your personally identifiable information in connection with Your use of the Website including any purchase You make and we shall not be held liable to You for any such disclosure. Please review our Privacy Policy to learn more. 

MODIFICATIONS

We reserve the right, at any time, to amend the provisions of this Agreement. If You do not accept any amendments, this Agreement shall terminate. Notice of any such modification(s) will be posted at the top of our Website page displaying this Agreement along with the effective date of such modification(s) and/or You will be notified about any modification(s) upon the first time You log-in after such modification(s) are effective. You agree to regularly check this Agreement as posted on this Website to view the then-current terms of this Agreement. If You do not accept any modifications, You must terminate Your account and this Agreement will then terminate. If we post amended terms to this Agreement on our Website, such terms will automatically become effective, shall be incorporated into this Agreement immediately upon being posted, and if inconsistent with any other terms and conditions of this Agreement, shall supersede any such conflicting terms or conditions. By accessing and using our Website after such revised Agreement terms are posted, You agree to be bound by any such revised terms. Your access and use of the Website will always be subject to the most current versions of this Agreement and our Privacy Policy in effect at the time of such use.

AGREEMENT TO ARBITRATE DISPUTES

OTHER THAN TO PROTECT YOUR INTELLECTUAL PROPERTY, YOU AGREE TO GIVE UP YOUR RIGHTS TO BRING ANY CLAIMS RELATING TO THIS AGREEMENT BEFORE A COURT OF LAW OR OTHER LEGAL TRIBUNAL AND TO RESOLVE ALL DISPUTES OR CLAIMS EXCLUSIVELY BY ARBITRATION. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, any and all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between You and us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this Agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules ofthe American Bar Association (“ABA”).Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any international court or tribunal or United States state or federal court under the terms of this Agreement. 

Unless otherwise permitted to be conducted electronically/remotely, any required physical arbitration proceeding shall be conducted exclusivelyin Cook County, Illinois USA.The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either You or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney’s fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of the ABA.

YOU AGREE THAT ANY CLAIM MUST BE FILED WITHIN ONE (1) YEAR AFTER THE ACTS OR OCCURRENCES SUPPORTING SUCH A CLAIM, WITHOUT TOLLING FOR A FAILURE TO DISCOVER SUCH ACT OR OCCURRENCE. IF YOU DO NOT FILE A CLAIM WITHIN THE REQUISITE ONE (1) YEAR PERIOD, THAT CLAIM(S) SHALL BE WAIVED AND RELEASED AND YOU SHALL BE FOREVER BARRED FROM ASSERTING THAT CLAIM(S).

Miscellaneous: 

A. Entire Agreement. You agree that this Agreement constitutes the complete and exclusive agreement regarding Your access to and use of our Website other than the separate terms of sale that apply separately to Your purchase of any product from us, and supersedes any prior communications, representations or agreements of the parties, whether written or oral.

B. Severability. If any provision of this Agreement 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 Agreement 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 this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement. 

C. Venue & Choice of Law. Notwithstanding the obligation to arbitrate certain claims as set forth above, any other claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or Your use of the Website in general may only be brought exclusively in the Cook County Circuit Court, Fourth Municipal District, situated in Maywood, Illinois, USA, and You hereby expressly agree to submit to the personal jurisdiction of such court and consent to extraterritorial service of process. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of allowing access to and use of the Website by You. This Agreement shall be construed and enforced under the laws of the state of Illinois, USA, without regard to any applicable conflict of laws principles and without regard to any applicable International laws, treaties or regulations. 

D. Waiver. The waiver of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver by We of any other or subsequent breach by You. 

E. Assignment. This Agreement shall inure to the benefit of and shall be binding upon the successors and/or assigns of We. You may not assign, delegate or otherwise transfer all or any part of Your rights or obligations under this Agreement without the prior written consent of We.

F. Survival. Any provisions in this Agreement which by their nature extend beyond the termination or expiration of any right to use the Website including, but not limited to, Your obligations under Section 6 will remain in effect until fulfilled and will apply to both parties' respective successors and permitted assigns. 

G. Termination of Website Services. We reserve the right at any time, in our absolute sole discretion, to modify or terminate, either temporarily or permanently, this Website, any of the Materials or any services or functions offered by or through this Website, with or without notice. You agree that we shall not be liable to You or to any third party for any such modification or termination. These Website terms shall remain in full force and effect notwithstanding any termination of your use of this website. 

E. 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.