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Terms and Conditions  

DISCLAIMER: ANA IS NOT RESPONSIBLE FOR ANY CONTENT POSTED ON THIS SITE. THE VIEWPOINTS EXPRESSED ARE SOLELY THOSE OF THE PARTICIPANTS.

DO NOT ACCESS OR USE THIS SITE UNLESS YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF USE WHICH MAY BE ACCESSED BY CLICKING HERE. [PLACE LINK HERE TO TERMS OF USE]

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TERMS OF USE This Agreement governs your access and use of the American Nurses Association (“ANA”) online social network site (the “Service”). In consideration of your right to access and use the Service, you and ANA agree as follows:

1. ACCEPTANCE OF TERMS. By clicking the “I accept” button in step one of the introduction, you signify that you have read, understand and agree to be bound by the terms of this Agreement and any modifications posted in accordance with paragraph 15 below.

2. THE SERVICE. The Service is an online community site intended to allow authorized individuals to join and participate in personal discussion groups, document sharing, blogs, and other features. The Service is made available to you for your personal use only. The Service is provided on an AS IS and AS AVAILABLE basis. ANA disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. ANA also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

3. REGISTRATION. To access and use the Service, you must be a member of the ANA or an ANA Invited Guest. An ANA Invited Guest is a nurse student subscriber. You must supply ANA with current, accurate identification, contact and other information as may be required as part of the registration process or continued use of the Service. You are responsible for maintaining the confidentiality of your password and account information and are responsible for all activities that occur thereunder.

4. CONTENT ACCESSIBLE ON THE SERVICE. The Service may contain a variety of information, data, messages, directions, pictures, audio/visual works, and other materials that users post. You understand and agree that any Content posted on the Service is the exclusive responsibility of the person who posted or uploaded it, and that you will be solely responsible for any Content that you upload, post, email or otherwise transmit to or via the Service. You acknowledge that ANA is not responsible for, does not control, does not endorse and does not verify the Content posted to the Service or available through the Service, and that it makes no guarantee regarding the reliability, accuracy, legitimacy or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content. Under no circumstances will ANA be liable in any way to you for any Content, including but not limited to any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted to or via the Service.

You understand that ANA does not prescreen Content but agree that ANA has the right, but not the obligation, to access and monitor any community or other area of the site and the right to remove, modify, or restrict access to any Content in its sole discretion and without notice or compensation. Without limiting the foregoing, ANA has the right to access the Service and remove or restrict access to any Content that violates this Agreement or that ANA believes is otherwise objectionable.

ANA may preserve or disclose any Content if it reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce this Agreement, (c) respond to claims that any Content violates the rights of third parties or (d) protect the rights, property, or personal safety of ANA, its members, guests or the public.

5. LICENSE GRANTED TO ANA. ANA does not claim any ownership rights in any of the content you post to the Service simply by virtue of your posting such content. By posting any content on or through the Service, you hereby grant to ANA a limited, non-exclusive, sublicensable, royalty-free, worldwide license to use, modify, publicly perform, publicly display, reproduce and distribute such content on and through the Service or for any other reason as set forth in this Agreement.

6. IMPROPER USE. You are responsible for your own communications and for any consequence thereof. You shall not use the Service to:

a. violate or solicit the violation of any local, state, national or international laws or regulations;

b. infringe any third party rights, including but not limited to intellectual property rights (e.g., copyright, trademark, trade secrets), privacy rights and publicity rights;

c. upload, post, email or otherwise transmit or distribute any Content that 
(1) is unlawful, threatening, harassing, fraudulent, contains viruses, abusive, tortious, defamatory, obscene, libelous, invasive of another’s privacy or is otherwise objectionable as reasonably determined by ANA;
(2) consists of instructional information on illegal activities;
(3) violates or infringes upon the proprietary rights of other including without limitation, copyrighted music, photographs, text, videos or artwork;
(4) constitutes pornography or sexual material of an obscene nature or that violates any law;
(5) is the private information of another such as their address, phone number, social security number or protected health information
(6) constitutes or encourages the violation of antitrust laws or
(7) you do not have a right to upload or post due to contractual or other legal obligations;

d. advertise or promote any commercial endeavor or purpose, including self-promotion;

e. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications

f. If you engage in any of the Improper Uses, ANA may at any time, and at its sole discretion, terminate your password or account (or any part of it), prohibit you from using the Service and remove and discard any Content you have posted to the Service.

7. USER DISPUTES. You are solely responsible for your interactions with other users of the Service and any disputes arising from such interactions.

8. LIMITATIONS, CONDITIONS AND RULES. ANA may establish, in its sole discretion, any limitations, conditions or rules concerning use of the Service, including, for example, the maximum number of messages a user may post to the Service in a given day, the number of days that posted messages will be available, or the maximum size of a given post. You acknowledge that ANA has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

9. MODIFICATION AND TERMINATION OF SERVICE. ANA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently the Service (or any part of it) with or without notice. You agree that ANA will not be liable to you or to any third party for any modification, suspension or discontinuation of the Service. You agree that ANA, in its sole discretion, may terminate your password, account or ability to use the Service and remove and discard any Content within the Service for any reason or no reason. Termination of your access to the Service may be immediate and without prior notice. ANA shall not be liable to you or any third party for any termination of your use or ability to access the Service.

10. OTHER WEB SITES AND RESOURCES. Other users of the Service may provide links or access to other web sites and resources. Because ANA has no control over such sites and resources, you acknowledge and agree that ANA is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that ANA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available through any such site or resource.

11. NO RESALE, REDISTRIBUTION, OR REPURPOSING OF CONTENT. You shall not reproduce, duplicate, copy, sell, resell, redistribute, repurpose or exploit for any commercial purposes, any of the Content available through the Service, other than Content to which you hold the intellectual property rights.

12. DISCLAIMER OF WARRANTIES.
a. YOU EXPRESSLY AGREE AND UNDERSTAND THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. ANA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE.
b. ANA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AND USED AT YOUR SOLE RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY BY ANA.

13. LIMITATION OF LIABILITY. ANA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICE (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

14. INDEMNITY. You shall indemnify, defend and hold harmless ANA, and its subsidiaries and affiliates, and each of their officers, agents, employees, and directors from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising from or in any way related to your use of the Service, any content you post or share on or through the Service, your conduct in connection with the Service or with other users of the Service, and any violation of this Agreement or any law or right of any third party including without limitation intellectual property or defamation claims.

15. MODIFICATION. ANA may modify these Terms of Use at any time by posting the modified Terms of Use on this webpage. All modifications shall automatically be effective immediately upon posting on our site and will contain a modified effective date so that you are on notice that they have been modified and so that you may read them and determine whether you understand and agree to the modified terms prior to continued use of the Service. Your use of the Service after any modifications shall constitute your binding acceptance of the new Terms of Use.

16. WAIVER. The failure of ANA to enforce at any time any provision of these Terms of Use shall not be construed as a waiver of such provision or any other provision of these Terms of Use nor of the right of ANA thereafter to enforce such provision.

17. HEADINGS. The captions and headings contained in this Agreement are for reference and convenience only and may not be used to interpret the provisions or intent of this Agreement.

18. SEVERABILITY. If any provision of this Agreement is deemed invalid or unenforceable, the other provisions herein shall remain in full force and effect.

19. SURVIVAL. The provisions of this Agreement that by their nature are intended to survive expiration or termination of this Agreement shall survive including but not limited to the indemnification, limitation of liability and disclaimer of warranties provisions.

20. GOVERNING LAW; VENUE AND JURISDICTION. This Agreement shall be governed by Maryland law without regard to its conflicts of law principles. Any disputes arising hereunder shall be brought in the state of Maryland. You specifically consent to the exercise of personal jurisdiction over you in the state of Maryland and agree to the venue of Montgomery County, Maryland for the purpose of any action arising under this Agreement or your use of the Service.

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