Terms of Use

These terms and conditions of use and disclaimers (this “Agreement”) is entered into by and between NexGen Clinical Education LLC (“NexGen”), you (the “User”) and will apply to the NexGen website located at www.nexgenclinicaleducation.com (“Site”), its software Platform (“Software”), the NexGen’s product suite of tools, Software, databases, programs, solutions, applications, and all related items (collectively the “Service”), as well as, all related use of content (i.e. information, text, images, video, audio, or other form of media) without limitation. The Service is the property of NexGen and its licensors. BY USING THE SERVICES PROVIDED BY NEXGEN, THE USER AGREES TO THESE TERMS OF USE; IF THE USER DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE SERVICE. Access to, use of, and/or browsing of the Service is provided subject to the terms and conditions set forth herein. By accessing, using, and/or browsing the Service, User acknowledges continual agreement to these terms and conditions. User acknowledges that this Agreement does not also contractually bind User to NexGen’s agents or licensees and its agents or licensees are not bound to User under the terms of this Agreement nor are NexGen’s agents or licensees responsible for any of the Service’s content.

PLEASE BE ADVISED: The product solutions of NexGen are designed to be a tool only and not intended to diagnose, treat, cure, or prevent disease. The material contained in the application and/or website is provided for informational purposes and IS NOT MEDICAL ADVICE. Always follow any and all hospital procedure or policy and consult with the User’s policy and procedure, clinical staff, colleagues, and supervisors prior to any action. The applications and information contained therein does not cover everything, and even minute details about a diagnosis and rare cases are generally not included. The Service should be used as a reference tool only and does not replace the User’s policy, procedure, education, training, time tracking, licensing, or User’s decision-making ability. The Service’s intended use is limited to a reference tool only and should not be used for any other purpose.

This Service provides useful information but is not a substitute for a licensed medical professional’s own education, training, or medical institution’s policy and/or procedure. This Service does not provide medical advice and NexGen is not a licensed medical professional. None of our customer service representatives are medical professionals and they do not provide medical advice. Although we go to great lengths to make sure our information is accurate and useful, before acting on any of the information in NexGen, consult with the appropriate hospital or clinical staff to make sure the information is appropriate for the situation.

License:

User is granted a limited, non-transferrable, non-exclusive license to use the Service on any applicable mobile device that is in the sole ownership and control of User or owned by User’s place of employment, or place User serves as an agent for. In no way does this license allow User to rent, assign, lease sell, sublicense, export, or otherwise transfer the Service. Nor does the license allow for others, who is not the User, to use the Service or the underlying Software or technology. This license does not grant User to create derivative works of or otherwise modify the Service, Software, technology, etc. Service is protected by United States Intellectual Property Law and any replication of content, pictures, or processes are strictly prohibited. Additionally, sharing or selling User log-in information or otherwise causing the Service to be shared for non-personal use on User’s own device shall constitute a breach in this Agreement and may result in the revocation of the licensed subscription and prosecution for each occurrence of sharing to the fullest extent allowed by applicable law. The license will immediately terminate if you do not comply with the terms of this Agreement. Further, the User is receiving only a limited right to use the NexGen content and its Service for User’s own internal or personal use. The User may not reproduce, forward, modify, create derivative works based upon, transmit, distribute, disseminate, sell, publish, or sublicense the Service or in any way commingle the Service with other third-party content, without NexGen’s consent.

Disclaimer:

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT NEXGEN’S LIABILITY TO USER. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING THE SERVICE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF USER DOES NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT THE SERVICE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE THE SERVICE. BY ENTERING THE SERVICE, USER ACKNOWLEDGE AND AGREE THAT USER HAS READ AND UNDERSTANDS THESE TERMS AND CONDITIONS, THAT THE PROVISIONS, DISCLOSURES, AND DISCLAIMERS SET FORTH HEREIN ARE FAIR AND REASONABLE, AND THAT USER AGREES TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON USER BY ANY PERSON OR ENTITY.

Medical Advice Disclaimer:

NexGen provides the Service, information, content, and/or data (collectively, “Information”) contained therein for informational purposes only. NexGen does not provide any medical advice with the Service, and the Information should not be so construed or used as medical advice. Further, the Information provided should not be considered and relied upon as complete due to a number of possible underlying causes. Thus, this Service should only be used as a reference tool and should not be a substitute for a physician or nurse practitioner’s diagnostic decision making. Using, accessing, and/or browsing the Service and/or providing personal or other information to NexGen does not create a physician-patient relationship between User and NexGen, nor does it create an agency relationship between User and NexGen. Nothing contained in the Service is intended to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in User’s state, country, or other appropriate governing body for User’s location of use, or will it substitute User’s own medical training, the advice of User’s employer, nurses, doctor, etc. User should not rely on anything contained in the Service, and User should consult a physician or nurse in User’s state, country, or other appropriate governing body in all matters relating to the patient’s health and User’s actions. The Service is a medical reference tool and shall not be used as to replace or overrule a medical professional’s judgement or diagnosis. The responsibility for decisions regarding actual patient care rests solely with the physician or nurse practitioner treating a patient. User hereby agrees that User shall not make any health or medical related decision based in whole or in part on anything contained in the Service. User hereby acknowledges that nothing contained in the Service shall constitute financial, medical, investment, legal and/or other professional advice and that no professional relationship of any kind is created between User and NexGen. User hereby agrees that User shall not make any financial, medical, investment, legal and/or other decision based in whole or in part on anything contained in the Service. User further agrees that User shall be solely responsible for any information or data User inputs in the Service or any particular application.

Disclaimer of Warranties:

This Service is provided on an “as is” basis. Neither publisher, NexGen, NexGen’s agents or licensees make any guarantees or warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose or use as to the Service or the information therein or any warranties as to the availability, accuracy, completeness, currentness, or results to be obtained from, accessing or using the Service, or any material referenced in such Service or any information entered into the Service by Users or other persons and/or any material available on or that can be accessed through the Service (including via any hyperlink or otherwise) or as to non-infringement of third party rights. Medicine, medical technology, assessments, care management, prescriptions, labs, nursing, discharge planning, etc. is an ever-changing science. As new research and clinical experience becomes available, changes in treatment and drug therapy are required. NexGen and its agents or licensees do not warrant that the information contained in the Service is in every aspect accurate or complete, and they are not responsible for any errors or omissions, or the results obtained from the use of such information. Users are encouraged to confirm the information contained in the Service with other sources. Neither NexGen nor its agents or licensees shall be liable to User or to any user or anyone else for any inaccuracy, delay, interruption in Service, error or omission, regardless or cause, or for any damages resulting therefrom. Any warranties of any kind, whether expressed or implied, are disclaimed. Any material or data obtained through use of the Service is at User’s discretion and risk and user understands that it will be solely responsible for any resulting damage to its computer system, phone, server, tablet or any other device, or loss of data. User acknowledges that NexGen’s agents and licenses do not warrant the Service, nor are they obligated for any claim, losses, liabilities, damages, costs or expenses attributable to the failure conform to any of NexGen’s warranties not disclaimed.

The content in NexGen is opinion that is rooted in clinical findings and experience and are subject to certain assumptions and generalities that may not and should not be used or relied upon for any other purpose, particularly in exchange of users own medical education and

experience. The opinions expressed in the Service are not necessarily the opinions of NexGen and do not necessarily reflect the opinion of its affiliates, agents, or licensees. The Information may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. NexGen undertakes no obligation to update any Information on the Service; provided, however, that NexGen may update the Information at any time without notice in NexGen’s sole and absolute discretion. NexGen reserves the right to make alterations or deletions to the Information at any time without notice.

Customer Registration:

Upon your acceptance of this Agreement, User will create a profile with username and password. The username and password are solely for User to use and are not to be shared with anyone else. User is solely responsible for maintaining the confidentiality of the username and password and for any and all use and access to the Service which occurs under the account. User agrees to immediately notify NexGen of any unauthorized use of the account or any other known breach of security. User grants NexGen the right to use User’s registration data for internal and marketing purposes, and to disclose to third parties certain aggregate information contained in the data or related data, provided that such information will not include personally identifying information, except (a) as authorized by the User, (b) in the good faith belief that such action is reasonably necessary to comply with applicable laws, legal process or to enforce this Agreement or (c) in connection with your attempt to purchase goods or services from a vendor via a link to another World Wide Web site. User hereby represents and warrants that User is legally bound by this Agreement when User clicks the "I ACCEPT" button. In consideration for Users access to and use of the Service, User agrees to: (i) provide true, accurate, current and complete information as required by the Service’s registration form and (ii) maintain and promptly update the data to keep it true, accurate, current and complete. If you provide Registration Data that is untrue, inaccurate, not current or incomplete, or NexGen has reason to believe the same, NexGen has the right to suspend or terminate your account and refuse to provide User with access to and use of the Service.

Third-Party Links and Advertisements:

The Service may, from time to time, contain links to third-party web sites. These links are provided solely as a convenience to User and not as a guarantee, warranty, or recommendation by NexGen of the services, information, content and/or data on such third-party web sites or as an indication of any affiliation, sponsorship, or endorsement of such third-party web sites. NexGen is not responsible for the content of linked third-party web sites and does not make any representations or warranties regarding the privacy practices of, or the content or accuracy of materials on, such third-party websites. If User decides to access linked third-party web sites, User does so at User’s own risk. User’s use of third-party websites is subject to the terms of use for such sites. THE INCLUSION OF THIRD-PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION OF, AND NEXGEN MAKES NO REPRESENTATIONS, AND/OR WARRANTIES ABOUT, ANY PRODUCT OR SERVICE CONTAINED THEREIN.

Third-Party Terms of Agreements:

User must comply with, and not be in violation or default of, any applicable third-party terms of agreement when using the Service. User acknowledges and agrees that NexGen’s agents and/or licensees, and their subsidiaries are third-party beneficiaries of this Agreement and that, upon Users acceptance of the terms and conditions of this Agreement, NexGen’s agents and/or licensees, and their subsidiaries will have the right (and will be deemed to have accepted the right) to enforce the Agreement against User as a third-party beneficiary thereof.

Reservation of Intellectual Property Rights:

The Service is protected by United States copyright laws. NexGen hereby reserves any and all intellectual property rights in the Service. Should any third-party claim arise, User acknowledges that NexGen’s agents and/or licensees are not responsible for the investigation, defense, settlement, and discharger of any such intellectual property infringement claim against User. User acknowledges and agrees that the Service and any necessary Software used in connection with the Service, including, without limitation, the Software, text, sound, photographs, video, graphics or other material contained in or presented to User as part of the Service, contains proprietary and confidential information that is protected by applicable intellectual property and other laws. All Content is copyrighted and is protected under state and federal law, as well as international treaties and the copyright laws of other countries. User may not copy, reproduce, distribute or create derivative works based on the Service or the Content, in whole or in part. All rights not expressly granted herein are reserved by NexGen. User agrees to not resell the Service or use of or access to the Service. User agrees not to reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Service.

Maintenance and Support:

Although every effort will be made on NexGen’s part to ensure a smooth and problem free experience with the Service, User acknowledges that certain problems may be unavoidable. User also acknowledges that NexGen, not its agents or licensees, will provide any maintenance and support for the Service and any issues and/or problems will be solely directed to NexGen at info@IntuitiveRN.com.

Furthermore, any other User complaints or claims with response to the Service should be directed to:

NexGen

(208) 949-5540

info@IntuitiveRN.com

Age Restriction:

The Service is intended for persons seventeen (17) years or older. Persons under the age of seventeen (17) should not access, use and/or browse the Service.

Indemnification:

User agrees to indemnify and hold NexGen, its agents and/or licensees, harmless from any claim or demand, including attorneys’ fees, made by any third-party as a result of (1) any content posted or made available by User on this Service, (2) any violation of law that occurs by User through the Service, and/or (3) anything User does using the Service and/or the Information contained therein. NexGen shall not be held responsible for any mistake made by a User whether or not that User was using the Service at the time of a professional or personal mistake. NexGen is not responsible for any actions of the User or any advice the User gives to others regarding the Information or any medical advice whatsoever.

Limitation of Liability:

IN NO EVENT WILL NEXGEN OR ITS AGENTS OR LICENSEES BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, MEDICAL MALPRACTICE, MALPRACTICE, PERSONAL INJURY, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN ARISING FROM OR RELATING TO USER’S USE OF THE SERVICE OR ANY OTHER MATTER RELATING TO THE SERVICE. USER ACKNOWLEDGES AND AGREES THAT NEXGEN’S LIABILITY TO USER, AND ANY OTHER THIRD-PARTY, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NEXGEN’S TOTAL CUMULATIVE LIABILITY TO USER AND ANYONE WHO USES THE SERVICE THROUGH USER’S ACCOUNT, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW, WILL NOT EXCEED THE UNUSED PORTION OF FEES PAID FOR THE SERVICE. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, NEXGEN SHOULD HAVE ANY LIABILITY TO USER OR ANY THIRD-PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND NEXGEN AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE LESSER OF $1,000 OR THE FEES USER PAID US DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO USER’S CLAIM. USER AND NEXGEN AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN USER AND NEXGEN AND REFLECTS THE FEES, IF ANY, NEXGEN CHARGE USER TO USE THE SERVICES. USER ACKNOWLEDGE THAT ABSENT USER’S AGREEMENT TO THIS LIMITATION OF LIABILITY, NEXGEN WOULD NOT PROVIDE THE SERVICE TO USER. USER FURTHER ACKNOWLEDGE THAT NEXGEN’S AGENTS, LICENSEES, AND/OR THEIR SUBSIDIARIES ARE NOT RESPONSIBLE FOR ADDRESSING ANY CLAIMS OF THE USER OR ANY THIRD-PARTY RELATING TO THE SERVICE OR THE USER’S POSSESSION AND/OR USE OF SERVICE, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE SERVICE FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION, PRIVACY, OR SIMILAR LEGISLATION, INCLUDING IN CONNECTION WITH SERVICE’S USE OF THE SERVICE.

NexGen shall not be held responsible for any mistake made by a User whether or not that User was using the Service at the time of a professional or personal mistake. NexGen is not responsible for any actions of the User or any advice the User gives to others regarding the Information or any medical advice whatsoever.

Device Access:

User is responsible for obtaining and maintaining any equipment or ancillary services needed to connect to access or otherwise use the Service, including, without limitation, hardware devices, software, and other internet, wireless, broadband, phone or other mobile communication device connection services. User is responsible for ensuring that such equipment or ancillary services are compatible with the Service and will be responsible for all charges incurred in connection with use of the Service in connection with all such equipment and ancillary services. NexGen does not promote, recommend or condone use of the Service during certain activities, such as automobile driving, where there is risk of accident, personal injury, property damage or death. User agrees not to use the Service during such activities, and warrant, represent and certify that you will not do so.

Assignment.

User may not assign or transfer any rights under this Agreement without the prior written consent of NexGen. NexGen may assign all rights and liabilities under this Agreement to a subsidiary, affiliate or successor to all or a substantial part of its business and assets without User’s consent. Subject to the foregoing, this Agreement will inure to the benefit of and be binding upon the successors and permitted assigns of the parties.

Invalidity:

If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.

Governing Law, Consent to Jurisdiction, and Limitations on Claims:

This Agreement and User’s use of the Service, along with the Information contained therein, shall be governed by and construed in accordance with the laws of the State of Idaho without regard to conflict of laws principles, and User agrees to submit to the jurisdiction of courts in the State of Idaho. User further agrees that any claims or causes of action arising out of or related to this Agreement and the Service, along with the Information contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred. User further warrants that (i) User is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) User not listed on any U.S. Government list of prohibited or restricted parties.

Entire Agreement:

User hereby acknowledges that this Agreement represents the entire understanding between User and NexGen concerning your use of the Service and the Information contained therein.

Modification:

NexGen may, in NexGen’s sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in party at any time for any reason without any notice to User, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the Service.

Waiver:

NexGen’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.