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Nursing Policy and Procedure Manual Terms of Use Intellectual Property Rights This Nursing Policy and Procedure Manual is the exclusive property of NOA and NOA’s licensors (the “NOA Nursing Manual”) and is protected under applicable copyright, trademark, and other proprietary rights laws. Your use of any portion of the NOA Nursing Manual constitutes acceptance of the following terms and conditions (these “Terms of Use”). Except as specifically allowed in these Terms of Use, the copying, redistribution, use, or publication by you of the NOA Nursing Manual is strictly prohibited. You do not acquire any ownership rights in or to any portion of the NOA Nursing Manual through your access to, or use of, the NOA Nursing Manual or any other NOA-provided materials or information. NOA grants you a limited, nonexclusive, and non-transferable license (i) to use the NOA Nursing Manual for your own personal use, (ii) to modify the NOA Nursing Manual to reflect your adoption of the NOA Nursing Manual (i.e., inserting your practice name in applicable fields) and to reflect your own practice standards, and (iii) to copy the NOA Nursing Manual (as originally provided by NOA and as legally modified by you) for your own personal use. You may not remove these Terms of Use from the original or any modified NOA Nursing Manual. You may not republish, distribute, assign, sublicense, or sell the NOA Nursing Manual. All rights in and to the NOA Nursing Manual not expressly granted in this paragraph remain in NOA and NOA’s licensors. Indemnification You agree to indemnify, defend, and hold NOA and NOA’s stockholders, directors, officers, partners, employees, agents, information providers, suppliers, licensors, attorneys, and affiliates (collectively, the “NOA Affiliated Parties”) harmless from any liability, loss, claim, or expense, including, but not limited to, reasonable attorney’s fees, related to your use of the NOA Nursing Manual. Disclaimers THE NOA NURSING MANUAL IS INTENDED FOR INFORMATIONAL PURPOSES ONLY. THE NOA NURSING MANUAL DOES NOT OFFER OR PROVIDE, AND IS NOT A REPLACEMENT FOR, MEDICAL EVALUATION, ADVICE, DIAGNOSIS, OR TREATMENT. ADDITIONALLY, NO PART OF THE NOA NURSING MANUAL SHALL BE DEEMED OR CONSTRUED TO CREATE A PHYSICIAN-PATIENT RELATIONSHIP OR SIMILAR RELATIONSHIP BETWEEN NOA (OR ANY NOA AFFILIATED PARTY) AND YOU AS A RESULT OF YOUR USE OF THE NOA NURSING MANUAL. YOU SHOULD CONSULT WITH AN APPROPRIATE PROFESSIONAL FOR SPECIFIC EVALUATION, ADVICE, DIAGNOSIS, AND TREATMENT (AS APPLICABLE) TAILORED TO YOUR SITUATION. THE NOA NURSING MANUAL IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF 2 MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). ALTHOUGH THE NOA NURSING MANUAL MAY BE UPDATED FROM TIME TO TIME, IT MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. Limitation of Liability NOA AND THE NOA AFFILIATED PARTIES SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE NOA NURSING MANUAL. NOA AND THE NOA AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR LITIGATION), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NOA’S TOTAL LIABILITY, TOGETHER WITH THE NOA AFFILIATED PARTIES, EXCEED $100. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE OR EXTEND THESE LIMITS. Miscellaneous These Terms of Use shall be governed by, and construed and enforced in accordance with, the laws of the state of California, without regard to California’s conflicts of law principles. Any cause of action by you with respect to the NOA Nursing Manual must be instituted within one year after the cause of action arose or be forever waived and barred. All legal proceedings arising out of, or in connection with, these Terms of Use shall be brought solely in a federal or state court of competent jurisdiction located in the state of California. The provisions of these Terms of Use are severable, and in the event any provision of these Terms of Use is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. NOA’s waiver of a breach of any provision of these Terms of Use by you shall not operate or be construed as a waiver by NOA of any subsequent breach by you. If you are aware of any violations of these Terms of Use or if you have any questions or comments regarding these Terms of Use, please contact info@noainc.com. |