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Terms of Use

Scrubsmag.com User Terms of Use

Welcome to Scrubsmag.com! Please read these Terms and Conditions carefully before using our site. By continuing to use this site, you agree to abide, and that you are bound, by these Terms and Conditions. We reserve the right to change these Terms and Conditions at any time, and you agree (including by virtue of continued site use) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and other related projects) that enhance our site shall be subject to these Terms and Conditions.

The following constitute the terms of Terms of Use (“Terms of Use”) between you (“you”, “your”) and Strategic Media Group, Strategic Partners, LLC and Scrubsmag.com (collectively referred to as the “Company, “we,” or “us”) with respect to your use of our scrubsmag.com web site  (the “Site”). The Company operates this Site as an online information sharing site for the nursing profession including all text, surveys, audio-visual works, communications, content, information, quizzes, promotions, materials, documents, products, software, logos, graphics, sounds, images, data, services, and the underlying intellectual property rights thereto (collectively the “Content”).

By accessing, using or downloading any Content from this Site, you acknowledge your agreement to be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, please do not access this Site or otherwise use or download Content from this Site. We reserve the right to update or modify these Terms of Use at any time, and without prior notice to you. Your use of the Site following such modification or update constitutes your acceptance to be bound by these Terms of Use as changed or modified. We encourage you to read through and review these Terms of Use each time you access the Site.

IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MUST NOT USE THIS SITE.

1. Disclaimer. The Content on this Site is presented in a summary fashion, and is intended to be used for informational purposes only. Strategic Communications does not endorse or warrant any product, service or Content contained in this Site. This Site is not intended to render medical advice nor be a resource for medical diagnosis.

You agree that by using this Site, you will assume sole responsibility to exercise your own judgment when participating in any activity, relying on any Content, or otherwise using any feature on the Site, and we disclaim all responsibility for any advice, suggestions, courses of action, instruction or Content provided on this Site, including without limitation, Content provided by third parties. Further, you should not rely upon claims of qualifications or other authoritative assertions made therein.

2. Nature of Services. Our Site contains a variety of online communications tools and services including articles, information, suggestions, editorial, surveys, quizzes and other types of features at no charge to you. We make no warranty regarding the quality or availability of the Site, and we reserve the right to suspend, modify or terminate access to the Site at any time and without notice. You agree that Company will not be liable to you or any third party for any modification, suspension or termination of the Site, including, without limitation, loss of data, personal settings or other foreseeable or unforeseeable damages related thereto.

3. License. We hereby grant you the right to view and use this Site in accordance with these Terms of Use. You may download and/or print a copy of the Content for your personal and non-commercial use only (the “Permitted Uses”) provided the Content is not modified in any way and all copyright and other proprietary notices are kept intact. You agree to use the Content lawfully and only for the Permitted Uses. No other use of the Content is permitted. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s).

4. Trademarks. All of the trademarks, service marks, and logos displayed on this Site (the “Trademarks”) are registered and unregistered trademarks of Strategic Communications, its affiliates, or third parties. Nothing in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without our express written permission or the express written permission of the applicable third party. Except as expressly provided in this Agreement, any use of the Trademarks is expressly prohibited.

5. Usage Rules. We reserve the right to deny you access to any and all parts of this Site and suspend or terminate your account, for any reason or no reason, and at our sole discretion. The following rules shall govern your conduct regarding the use of the Site.

(a) Unlawful Purposes. In order to create a hospitable environment for all of our users, certain types of activities and communications are prohibited. As a condition of your use of the Site, you agree that you will not use the Content for any purpose that is unlawful or prohibited by these Terms of Use.

(b) Unsolicited Information. This Site may provide opportunities to provide us feedback regarding the Site and our various offerings and other unsolicited submissions (collectively “Unsolicited Information”). You may only provide Unsolicited Information that conforms to these Terms of Use. We welcome your comments and feedback concerning the Site, but we do not accept or consider other unsolicited ideas, including ideas for new advertising campaigns, new promotions, new technologies, processes, materials or marketing plans. Accordingly, please do not send such unsolicited ideas to us. By providing Unsolicited Information, you thereby grant us a perpetual, royalty-free, fully paid up and irrevocable right and license to use, reproduce, modify, publicly display, distribute, transmit, sublicense, create derivative works from, transfer, sublicense and sell such Unsolicited Information.

(c) Prohibition on Use by Minors Under The Age of 13. This Site is intended for an adult audience in the nursing profession and CHILDREN UNDER THE AGE OF THIRTEEN ARE NOT PERMITTED TO SUBMIT ANY PERSONAL DATA OR UNSOLICITED INFORMATION.

(d) Unauthorized access. You shall not permit any other person (other than an agent acting on your behalf and subject to your direct supervision) to access the Site using your account for any purpose.

(e) Interference with Other Users’ Use. You shall not interfere with other users’ use of the Site, including, without limitation, disrupting, spamming or otherwise using abusive tactics to deter others from using the Site.

(h) Harmful Code. You may not post or transmit any file to this Site or to any other user which contains viruses, worms, time bombs, Trojan horses or any other contaminating or destructive code.

(i) Abusive Conduct. You shall not upload, post, email, link to, transmit or otherwise make available any  Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, abusive, hateful, vulgar, indecent, obscene, lewd, lascivious, pornographic, libelous, defamatory, invasive of another’s privacy, hateful or promoting racism, bigotry, hatred or physical harm of any kind against any group or individual.

(j) Unsolicited Communications Prohibited. You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services.

(k) Other Prohibited Activities. You agree not to use the Site (or assist or encourage others to use the Site) in order  to:

  1. “Stalk” or otherwise harass any person, or contact any person who has requested not to be contacted;
  2. Exploit people in a sexual or violent manner;
  3. Solicit personal information from anyone under the age of 18;
  4. Solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
  5. Impersonate another person or entity, whether or not a user of the Site;
  6. Upload, post, email, transmit or otherwise make available restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  7. Upload, post, email, transmit or otherwise make available any communications that provides instructional information about illegal activities such as making or buying illegal weapons or promote physical harm or injury against any group or individual, violating someone’s privacy, or providing or creating computer viruses;
  8. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels stating the origin or source of software or other material contained in a file that is posted;
  9. Promote, engage or otherwise make available any unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, disruptive commercial messages, false or misleading information or any other form of solicitation;
  10. Attempt to sell, modify, reverse engineer, disassemble, decompile, frame, decrypt, decompile, create derivative works of or otherwise exploit for any commercial purpose the Site, any portions thereof (including the Content), or any systems of Strategic Communications or its affiliated organizations without Strategic Communications’ prior written consent;
  11. Do anything that may interfere with the operation of the Site, including, but not limited to, hacking, spamming and flood attacking;
  12. Remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
  13. Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  14. Attempt to harvest, scrape, copy or otherwise collect information, or Content from the Site, to retrieve or index any portion of the Site or collect information about other users for any purpose not expressly authorized by Company, including, without limitation, republishing the same on a third party website, either manually or through any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars,  site search/retrieval application, intelligent agents or other device);
  15. Access content or data not intended for you, or log onto a server or account that you are not authorized to access;
  16. Create user accounts by automated means, or under false or fraudulent pretenses; or provide false, misleading or inaccurate information to Company or any other user;
  17. Impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;
  18. Use “ad blocking” software or similar built-in web browser options designed to hide, block or prevent the proper display of online advertising (if any) while using the Site;
  19. Modify or change the placement and location of any advertisement, if any, while using the Site;
  20. Harvest or otherwise collect information about other Site users, including email addresses, passwords, user names and phone numbers;
  21. Use the Site to solicit or recruit other users to another Site; or
  22. Cover or obscure the banner advertisements on your personal profile page, or any Company page via HTML/CSS or any other means.

Any violation of this section may subject you to civil and/or criminal liability. Additionally, if you commit any of the above, Company may, in its sole discretion, and without limiting any of their other remedies, terminate your ability to use the Site.

International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or to or from your country of residence and expressly consent to and acknowledge that by using the Site they may be transferring personal data to the United States without any liability or obligation on the part of Company except as set forth in this Agreement and in Company’s Privacy Policy.

Although Company cannot monitor the conduct of its users off the website, it is also a violation of these rules to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such advertising or solicitation, Company reserves the right to restrict the number of system-generated emails which a user may send to other users in any 24-hour period to a number which Company deems appropriate in its sole discretion.

6. Disclaimers.

a. Geographic Disclaimer. The Site is administered by the Company from Los Angeles, California and is intended solely for users who are US and Canadian residents. Access to the Site and the Content as well as the terms of our Privacy Policy (incorporated by this reference), may not be legal for some persons or in some countries outside the United States and Canada. Additionally If you elect to access and use the Site and Content from outside of the United States and/or Canada, you do so at your own risk and are solely responsible for complying with all applicable laws and regulations.

b. DISCLAIMER OF WARRANTIES. THIS SITE AND THE CONTENT CONTAINED THEREIN ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE CONTENT, PRODUCTS, SERVICES AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS SITE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE SITE OR ACCESS THERETO BY USERS. WE DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF THE CONTENT. ALTHOUGH WE MAY UPDATE THE CONTENT ON THIS SITE FROM TIME TO TIME, PLEASE NOTE THAT INFORMATION CONTAINED HEREIN MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

7. Indemnification. You agree to indemnify, defend and hold harmless the Company, their affiliates, and their respective officers, directors, employees, agents, information providers, partners, advertisers and suppliers (collectively, the “The Protected Parties”) from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from (a)  your use of the Content or Site; and/or (b) your breach of the terms of these Terms of Use, (including infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Site using your account.

8. WAIVER, RELEASE AND LIMITATION OF LIABILITY. YOU AGREE THAT NONE OF THE PROTECTED PARTIES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE PROTECTED PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE PROTECTED PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE.

NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF THE PROTECTED PARTIES, IF ANY, FOR LOSSES OR DAMAGES SUSTAINED BY YOU SHALL NOT EXCEED THE AGGREGATE OF ONE HUNDRED DOLLARS ($100.00) (USD). IN NO EVENT SHALL ANY OF THE PROTECTED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THIS SITE OR THE CONTENT EVEN IF THE PROTECTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NONE OF PROTECTED PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSSES, DAMAGE OR DESTRUCTION OF DATA, THAT AND DAMAGES OR LOSSES YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS SITE OR OUR EQUIPMENT, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS SITE AVAILABLE TO YOU OR COLLECTING THE DATA CONTAINED THEREIN, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO OR YOUR INABILITY TO ACCESS THE SITE, OR THE CONTENT WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF ANY OF THE PROTECTED PARTIES.

SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY AS SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION DOES NOT APPLY TO BE INVALID OR UNENFORCEABLE, FOR ANY REASON, THAN UNDER THOSE CIRCUMSTANCES, THE AGGREGATE LIABILITY AND DAMAGE EXCLUSION SHALL ONLY BE RESTRICTED OR DIMINISHED TO THE EXTENT NECESSARY TO BE LEGALLY ENFORCEABLE. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE; ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF LIABILITY, AND EXCLUSIONS OF LIABILITY SHALL REMAIN IN EFFECT.

9. Third Party Rights. The provisions of paragraphs 7 (Indemnification) and 8 (Waiver, Release and Limitation of Liability) are for the benefit of the Protected Parties. Each of the Protected Parties shall have the right to assert and enforce those provisions directly against you on its own behalf.

10. User Representations. You represent and warrant that you are at least the age of majority in your jurisdiction  and that you possess the legal right and ability to agree to these Terms of Use and to use the Site in accordance with these Terms of Use. You agree to be financially responsible for your use of the Site (as well as for use of your account by others (whether authorized or unauthorized), including use by any minors living with you) and to comply with your responsibilities and obligations as stated in these Terms of Use.

11. Miscellaneous. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regarding provisions relating to conflicts of law. You agree that any legal action or proceeding between the Company and you for any purpose concerning these Terms of Use or the parties’ obligations hereunder shall be resolved individually, without resort to any form of class action,  exclusively in the state or federal courts located at Los Angeles, California, USA, and we both expressly consent to such jurisdiction. These Terms of Use constitute the entire Agreement between us and you with respect to your access and use of the Site. Any failure by us to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. If any provision hereof shall be held to be invalid or unenforceable, then such provision shall be reformed to the extent necessary to make such provision valid and enforceable when so applied. We may assign our rights and duties under these Terms of Use to any party at any time without notice to you.

12. Privacy Policy. For information concerning your privacy and how we use and share data, please refer to our Privacy Policy

13.  Notice. We may deliver notice to you under these Terms of Use by means of electronic mail or a general notice on the Site.