Terms of Service

NTN Healthcare Resources, LLC.

Website Terms of Use

Welcome to the websites of NTN Healthcare Resources, LLC (NTN Healthcare) and its subsidiaries. These Website Terms of Use (the “Terms”) apply to all websites, portals, or pages owned or operated by NTN Healthcare, including those accessible through the domains ntnhealthcareresources.com. Please read the following Terms carefully prior to accessing and using the NTN Healthcare Sites.

General Uses and Restrictions:

By accessing and using the NTN Healthcare Sites, you agree on your behalf and on behalf of any entity or person on whose behalf you are accessing the NTN Healthcare Sites (collectively, “You”) to abide by the Terms. NTN Healthcare permits You to use and access the NTN Healthcare Sites for lawful purposes only and only in a manner consistent with the Terms. Your agreement to the Terms is a condition of You being granted access to and use of the NTN Healthcare sites. If You do not agree with the Terms, You may not access the NTN Healthcare Sites and must exit the NTN Healthcare Sites immediately. The Terms apply to all visits and use of the NTN Healthcare sites, as well as to the content, information, recommendations or services provided or transmitted on or through the NTN Healthcare Sites. By using and accessing the NTN Healthcare sites, You represent that You are at least 18 years of age, have the authority to enter these Terms on Your own behalf and on behalf of the organization or entity on whose behalf You are using or accessing the NTN Healthcare Sites, and all information provided by You, including, but not limited to Your identity, contact information, experience, qualifications, available positions, and facility details, is accurate and current. You shall be responsible for any violation by You, Your agents or Your employees of the Terms.

Restricted Sites; Registered Users

NTN Healthcare has restricted access to certain portions of the NTN Healthcare Sites, to users with legitimate NTN Healthcare related business reasons for using such Restricted Sites who have registered with NTN Healthcare or to whom NTN Healthcare has otherwise provided an account, user name or password (the “Registered Users”). You agree that the entirety of the Restricted Sites, including, but not limited to their design, source code, databases, content, and data or materials stored on, generated by, created using, or transmitted through them shall be considered Confidential Information, as defined below. You agree that Your use of and access to the Restricted Sites shall be limited only to the extent such access and use directly relates to or is necessary for an existing or prospective employment relationship with NTN Healthcare or an existing or prospective business relationship or agreement between You and NTN Healthcare (the “Permitted Uses”).

You agree any user name or password issued to You by NTN Healthcare is Confidential Information, as defined below. You agree not to use another Registered User’s user name and password nor to allow any other person, other than Your employees or agents, to use the user name or password issued to You. You are solely responsible for all activity conducted using Your user name or password. You will immediately notify NTN Healthcare if You become aware of any loss or theft of Your user name or password or any unauthorized use of Your user name and password. NTN Healthcare is not be liable for any loss or damage arising from your failure to comply with these obligations. NTN Healthcare reserves the right to delete or change a user name or password at any time and for any reason. You shall be responsible for notifying NTN Healthcare if Your relationship with any employee or agent who had access to the Restricted Sites is severed so passwords may be updated or accounts disabled as appropriate in NTN Healthcare’s sole discretion.

Confidential Information

When accessing or using the Restricted Sites, you may be able to upload, download, receive, transmit, view, create, enter, access, post, share, display, or otherwise use or access information, documents, or other material that is confidential in nature (collectively “Confidential Information”). Confidential Information includes, but is not limited to: (i) marketing, job orders, personal identifying information, and other information relating to NTN Healthcare’s business, customers, agents, employees, or subcontractors or (ii) private or sensitive information relating to healthcare professionals and other workers provided by NTN Healthcare its affiliates, agents, or subcontractors, such as personnel, medical, financial, credentialing, or other compliance documentation or records. You agree to only use Confidential Information for lawful, Permitted Uses or as otherwise permitted by law. You agree to limit access to Confidential Information to only those employees or agents of Yours who reasonably require access to such information for the Permitted Uses. If You provide any Confidential Information to Your employees or agents, You shall require all such employees or agents abide by these Terms as well as any applicable laws or agreements relating such information. You shall take all necessary precautions to protect the confidential nature of the Confidential Information, including, without limitation, all precautions You use with respect to Your own confidential information.

In the event You or any of Your representatives are requested or required by any government or governmental agency or authority (by oral questions, interrogatories, requests for information or documents, subpoena, civil investigative demand, any informal or formal investigation by any government or governmental agency or authority or otherwise) to disclose any of the Confidential Information, You will notify NTN Healthcare promptly in writing so that NTN Healthcare may at seek a protective order or other appropriate remedy or, in NTN Healthcare’s sole discretion, waive compliance with the confidentiality terms. You agree not to oppose any action by NTN Healthcare to obtain a protective order or other appropriate remedy. In the event that no protective order or other remedy is obtained or NTN Healthcare waives compliance with the terms of this Agreement, You agree to furnish only that portion of the Confidential Information, which You are advised is legally required.

If You discover or are notified of a breach or potential breach of security with respect to any Confidential Information provided or made available by NTN Healthcare You shall immediately: (i) notify NTN Healthcare of such breach or such potential breach as the address specified below, (ii) immediately investigate such breach or such potential breach and inform NTN Healthcare of the results of such investigation, and (iii) assist NTN Healthcare as reasonably necessary to enforce NTN Healthcare”s rights and to enable NTN Healthcare to comply with any state or federal law requiring the provision of notice of any security breach with respect to the breach.

Notwithstanding any other provision of this Agreement, Confidential Information shall not include any information, data, material, document, patent or idea, which: (i) is within the public domain prior to the time of disclosure or thereafter becomes within the public domain other than as a result of disclosure by You or Your representatives in violation of this Agreement; (ii) was, on or before the date of disclosure in Your possession, as shown by You, unless it was acquired by You from a third party who was under an obligation of confidentiality NTN Healthcare; (iii) is acquired by You from a third party not under an obligation of confidentiality to NTN Healthcare; or (iv) was independently developed by the You without the use of Confidential Information or other breach of these Terms.

NTN Healthcare’s Retention of Proprietary Rights

NTN Healthcare hereby grants You with the limited and revocable license to access and use the NTN Healthcare Sites in accordance with these Terms. You expressly acknowledge and agree that NTN Healthcare transfers no ownership, intellectual property interest, or title in or to the NTN Healthcare Sites, the Confidential Information, or any information or data contained therein to You or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the NTN Healthcare Sites, unless otherwise indicated, are owned, controlled, or licensed by NTN Healthcare. You may not copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the NTN Healthcare Sites, NTN Healthcare’s name, NTN Healthcare’s logo, NTN Healthcare’s marks, or any other data or information provided on or through the NTN Healthcare Sites in any manner or use the NTN Healthcare Sites in any manner not expressly permitted by the Terms.

All rights reserved. Your unauthorized use of the NTN Healthcare Sites, Confidential Information, NTN Healthcare logos, names, or marks, or any other information or data contained therein may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes.

Compliance with Applicable Laws

You agree to abide by all applicable local, state, national, and international laws and regulations with respect to Your use of the NTN Healthcare Sites or any Confidential or other information obtained using the NTN Healthcare Sites. The Terms are also subject to any applicable export laws, orders, restrictions, or regulations. You shall not export the NTN Healthcare Sites or access or use thereto without complying with such laws, orders, restrictions, or regulations

Prohibited Uses; Your Transmissions

You may not use the NTN Healthcare Sites to send, upload, share, email, post, publish, edit, modify, or otherwise transmit material or information, or use information obtained through the NTN Healthcare Sites, in any manner that: (i) violates any applicable law or regulations; (ii) is false or misleading; (iii) is defamatory, offensive, obscene, harassing, or discriminatory, including on any basis protected by applicable federal, state or local law; (iv) violates or infringes on the intellectual property or privacy rights of any other person, including but not limited to rights arising from copyrights, trademarks, patents, or a person’s likeness; (v) constitutes unsolicited marketing efforts, including “junk email” “spam” or chain letters’; (vi) interferes with or disrupts the performance of the NTN Healthcare Sites or servers or systems used to host or operate the NTN Healthcare Sites, or of NTN Healthcare, or of other users of the NTN Healthcare Sites; or (vii) attempts to circumvent or misuse the user authentication or security measures of the NTN Healthcare Sites.

By sending, uploading, sharing, emailing, posting, publishing, editing, modifying, or otherwise transmitting content to the NTN Healthcare Sites or submitting any content to or through the NTN Healthcare Sites or to NTN Healthcare relating to the NTN Healthcare Sites (including, documentation, feedback), you automatically grant (or warrant that the owner of such rights has expressly granted), NTN Healthcare a worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content on in any form, medium, or technology now known or later developed, including, but not limited to, the NTN Healthcare Sites. In addition, You warrant that all so-called moral rights in the content have been waived. NTN Healthcare assumes no responsibility for the deletion of or failure to store any posting, transmission, documents or information stored or submitted on the NTN Healthcare Sites. Notwithstanding the foregoing, or section 14(h) below, this section is not intended to and does not supersede any applicable laws or separate written agreements between You and NTN Healthcare that are signed by the CEO of NTN Healthcare to the extent such laws or agreements restrict or govern NTN Healthcare’s use of confidential information provided by You to NTN Healthcare as part of a business transaction.

NTN Healthcare is not responsible for screening, policing, editing, or monitoring You or another Registered User’s transmissions, submissions, and postings. Accordingly, NTN Healthcare encourages its Registered Users to use reasonable discretion and caution in submitting or reviewing any transmission or posting. Moreover, NTN Healthcare not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by You or any other Registered User. Nevertheless, NTN Healthcare the right to delete or take other action with respect to transmissions or postings (or parts thereof) that NTN Healthcare believes in good faith violate the Terms and/or are, or are potentially, unlawful or harmful to NTN Healthcare or its products, services, and goodwill.

1. Your use of the NTN Healthcare Sites may be monitored, including to monitor usage levels, collect data and information, and to ensure compliance with applicable laws and agreements. Accordingly, if You access the NTN Healthcare Sites you acknowledge and consent to NTN Healthcare’s monitoring, collection and use practices. Please see NTN Healthcare’s Privacy Policy for a summary of its practices in this regard.

Alleged Copyright Violations

It is the policy of NTN Healthcare to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws. If you become aware of transmissions or postings that violate these rules or believe your copyrighted work has been inappropriately use or made accessible through the NTN Healthcare Sites, please notify NTN Healthcare in writing, as provided below.

Links to Other Sites

NTN Healthcare may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by NTN Healthcare and are maintained by third parties over which NTN Healthcare exercises no control. Accordingly, NTN Healthcare expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.

Disclaimer

THE NTN HEALTHCARE SITES AND ALL INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE NTN HEALTHCARE SITES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. NTN Healthcare MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE NTN HEALTHCARE SITES OR IN THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON THE NTN HEALTHCARE SITES AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE NTN HEALTHCARE SITES. NTN HEALTHCARE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE NTN HEALTHCARE SITES FOR ANY PURPOSE. NTN HEALTHCARE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY INCLUDING, BUT NOT LIMITED ANY IMPLIED WARRANTIES UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. NTN HEALTHCARE ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE NTN HEALTHCARE SITES WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE NTN HEALTHCARE SITES OR ANY INFORMATION THEREIN IS TO CEASE USE OF THE NTN HEALTHCARE SITES.

MOREOVER, IN NO EVENT SHALL NTN HEALTHCARE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OF OR ACESS TO THE NTN HEALTHCARE SITES OR WITH THE DELAY OR INABILITY TO USE THE NTN HEALTHCARE SITES WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF NTN HEALTHCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.

NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF NTN HEALTHCARE FOR ANY REASON WHATSOEVER RELATED TO YOUR USE THE USE OF OR ACESS TO THE NTN HEALTHCARE SITES AND ALL INFORMATION AND SERVICES THEREIN, OR WITH THE DELAY OR INABILITY TO USE THE NTN HEALTHCARE SITES, INFORMATION OR SERVICES THEREIN SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY/TO YOU TO/FROM NTN HEALTHCARE IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE THREE MONTHS PRIOR TO THE ACT GIVING RISE TO THE DISPUTE

Indemnification

You agree to defend, indemnify, and hold harmless NTN Healthcare and its affiliates, officers, directors, employees, agents, licensors, clients, subcontractors, and harmless from and against any and all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) relating to or arising from: (i) Your use of the NTN Healthcare Sites, (ii) Your violation of the Terms; (iii) Your violation of any third party rights relating to or arising out of Your use of the NTN Healthcare Sites, or (iv) Your violation of any law or regulation relating to or arising out of Your use or access to the NTN HEALTHCARE Site

Term and Termination

The Terms shall take effect immediately upon: Your access to or use of the NTN Healthcare Sites after the Terms are posted, or if you have executed a separate agreement incorporating or referencing these Terms, the effective date of such agreement. The NTN Healthcare Sites are provided as a convenience to assist NTN Healthcare in conducting its business. NTN Healthcare reserves the right to modify, change, or disable the NTN Healthcare Sites or Your use of or access to the NTN Healthcare sites, at any time with or without notice. NTN Healthcare shall not be liable for damages in connection with such terminations, disabling, modifications, or changes.

In addition, NTN Healthcare reserves the right to modify or terminate the Terms and Privacy Policy at any time upon reasonable notice to You. You agree that NTN Healthcare may provide reasonable notice of such modifications by posting the new or modified terms (the “Modified Terms”) on the NTN Healthcare Sites and specifying an effective date that is at least 10 days after the date the Modified Terms are initially posted. You agree that if You continue to use the NTN Healthcare Sites without written objection to NTN Healthcare after the effective date of the Modified Terms, You shall be considered to have accepted the Modified Terms as of the effective date stated therein. Such Modified Terms shall apply prospectively only; in the event of termination or Modified Terms becoming effective, these Terms shall survive as they relate to any pre-termination or pre-modification use, access, actions, or omissions, unless otherwise agreed to by the parties.

You may terminate the Terms at any time by ceasing to use the NTN Healthcare Sites, and if You are a Registered User, by notifying NTN Healthcare of your desire to terminate Your account. Upon termination, You must destroy all copies of Confidential Information in your possession, custody or control, except that You may be permitted to obtain a copy of certain Confidential Information to the extent permitted in writing by NTN Healthcare or where You are legally required to retain such records.

Notices

All notices, requests, demands or other communications to NTN Healthcare required under this Agreement shall be made in writing and shall be deemed to have been duly given on the second day after mailing if mailed to the address below by certified mail, postage prepaid or via overnight carrier with delivery confirmation, and properly addressed to:

NTN Healthcare Resources, LLC

Attn: Legal

2025 Barrett Lakes Blvd NW Suite 3202

Kennesaw, Ga 30144

NTN Healthcare may provide notice to You by posting on the NTN Healthcare Sites or otherwise contacting You at any last known email or mailing address.

MISCELLANEOUS

The Terms and any claims arising out of or relating to the Terms or Your use of the NTN Healthcare Sites shall be construed in accordance with and subject to the laws of the State of Georgia, without reference to its conflict of law principles. You hereby consent to the exclusive personal jurisdiction in any state or federal court or arbitral forum located in Kennesaw, Georgia. If any provision of this Agreement is held to be invalid, void or unenforceable, all other provisions shall remain valid and be enforced and construed as if such invalid provision were never a part of this Agreement. The parties hereto agree that this Agreement will be governed by and construed in accordance with the laws of the state of Georgia without reference to its choice of law rules and as if wholly performed within the state of Georgia. Unless otherwise provided herein, any dispute, controversy or claim arising out of or relating to this Agreement shall be submitted to binding arbitration before the office of Judicial Arbitration and Mediation Services (“JAMS”) located in Atlanta, Georgia, as the exclusive remedy.
You acknowledge that any breach, threatened or actual, of the Terms will cause irreparable injury to NTN Healthcare, such injury would not be quantifiable in monetary damages, and NTN Healthcare would not have an adequate remedy at law. You therefore agree that NTN Healthcare shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of the Terms. Accordingly, You hereby waive any requirement that NTN Healthcare post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to NTN Healthcare to enforce any provision of the Terms.
You may not assign Your rights or obligations to any other person or entity without NTN Healthcare’s prior written consent.
No waiver, delay or failure by NTN Healthcare with respect to any right or provision under the Terms shall be deemed a waiver of any other provision, or constitute a continuing waiver.
If any provision (or part thereof) contained in the Terms is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language.
No joint venture, partnership, employment, or agency relationship exists between you and NTN Healthcare as result of the Terms or your utilization of the NTN Healthcare Sites.
The heading the Terms are for convenience of reference only and are not to be considered in construing this Agreement.
The Terms represent the entire agreement between You and NTN Healthcare with respect to use of the NTN Healthcare Sites, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and NTN Healthcare that govern Your use of or access to the NTN Healthcare Sites. No amendments to this Agreement may be made except by a written agreement signed by both the parties. However, in the event You are or were an employee of NTN Healthcare, the terms of any employment policies or written agreements signed with the requisite authority from NTN Healthcare’s CEO relating to Your employment with NTN Healthcare (including any arbitration agreements) shall control to the extent deemed inconsistent with the Terms.