Website Terms of Use

Nest Collaborative, LLC

Effective 3/10/2017

Terms and Conditions for the Use of this Site

This page describes the terms and conditions of use of this website by you, the website viewer, and your rights and responsibilities as a user.

Welcome to www.nestcollaborative.com (the “Site”). Gorman and Associates, LLC and its affiliated Nest Collaborative entity (collectively “the Companies”, “we”, “our” or “us”) provide this Site for your personal use.  Please read this page carefully.  By using our Site, you agree and are thus bound by all of the Terms and Conditions set herein.  We have the right to revise these Terms and Conditions without notice and thus advise all users to visit this page frequently to review them.  By accessing and using this Site, you agree to these Terms of Use and any changes in force at that time; If you do not agree to these Website Terms and Conditions, please leave this Site.

We also encourage you to review our Privacy Policy, as agreement to these Website Terms of Use includes agreement to our Privacy Policy as referenced below.  Additionally, our Terms of Service reviews those terms that apply should you wish to make use of our Nest Collaborative services (the “Service”).  

Should you find other disclaimers on pages, applications or programs within the Site, and there is a conflict between these Terms of Use and those posted for that particular area of the Site, the terms or disclaimer for that page, application or program will take precedence to the extent of the conflict.  Additionally, any conflict arising between these Terms of Use and the Privacy Policy will resolve in the Privacy Policy taking precedence with respect to the subject matter covered by it.  Any conflict between the Website Terms of Use and our Terms of Service shall resolve with the Terms of Service having precedence with respect to the conflict.  

Medical Information

The Site is intended to serve the general public and may provide general information about healthcare and is not intended to be or should be interpreted as medical advice, diagnosis or treatment.  The Site is not offered as an alternative or substitute to medical services, advice or referral from a qualified health professional.  

Content on the site is offered to the general public as educational and strictly informational.  Your use of the Site warrants that you will not use it for any purpose that is unlawful or prohibited by these Terms.  

The Site may provide access through links to third party websites that provide encrypted and password-protected access to our Service.  These websites may offer recipients access to our Service for which participants will have received additional information regarding the terms of such service, prior to being granted access.   

Any potential or actual emergency should be handled by contacting 911 or seeking emergency care immediately.  

Permissions and Restrictions for Use of this Site

The Site if for use by users over the age of 18 for personal use, subject to compliance with these Terms and in accordance to applicable laws.  Use of this Site is for you and your child’s personal use only and you represent that information you provide is true, accurate and complete to your knowledge.  The Site is intended for use within the United States; those choosing to access the Site outside of the the U.S. are responsible for compliance with all local laws, including those which may apply to Content on the Site which may be prohibited locally.  

The contents of this Site, including without limitation, text, design, graphics, images and other content (collectively, the “Content”) are owned by or licensed to the Company, its third party vendors or other third parties and are protected under copyright law.  Your use provides limited access to view, download and print the Content, solely in conjunction with your permitted use.  No portion of the Site should otherwise be reproduced, stored or transmitted by any means for any purpose.  Such unauthorized use will constitute violation of copyright, trademark and other law.  Any copies of trademarked materials or names obtained from our Site should retain all copyright and proprietary notices and should not be used without permission.  Use of any Content does not grant ownership rights to the Site or its contents. You may not sell or modify Content or display such material for public or commercial use.  

Unauthorized access via hacking is prohibited, as is the use of bots, spiders, scrapers, web crawlers, indexing agents, deep-links or other such devices, mechanisms or programs intended to the same.  

Additionally restrictions to use of the Site include accessing or tampering with non-public areas of the Site, our systems or the delivery of our systems or services.  You may not interfere with the access of any user, host or network related to our Site or Service (ie sending viruses, overloading, flooding, spamming, mail-bombing, etc.) or attempting to tamper or change any related software.  

Any use of our Site or Content not expressly permitted within the Terms of Use is a breach of the Terms and may violate US law.

User Submissions and PII

Any information, material, comments or other communication submitted to us (other than personal health information as governed by our Terms or Service and HIPAA Notice of Privacy Practice) will be treated as confidential and not otherwise disclosed to third parties. We do not otherwise collect and store personally identifying information (“PII”) from Site users; any PII collected and received via form submission or email is submitted voluntarily and may be used to respond back to a user as necessary.  Any personal health information (“PHI”) submitted via form submission or email is also submitted voluntarily; its use is governed by our HIPAA Notice of Privacy Practices also available on our Site.  More information regarding PII and its use on our Site and in our Service can be found in our Privacy Policy.

Links and Third Parties

Our site may contain links to websites owned by third parties.  Such sites are provided solely as resources and as convenience to our users.  These links and any of its associated content on our Site is not intended to be an endorsement, recommendation or referral for any website and we are not responsible nor do we make representation for any of its content, information, security practices or privacy policies.  If our users decide to access any third-party websites using links from our Site, they do so at their own risk.  Users are expected to independently assess whether information and resources from any website, including ours, will meet their needs.

Disclaimers

Use of this site is at your own risk.  We provide no warranty that our Site will operate without interruption or error, that it and its server are free from viruses or other harmful technologies.  Any subsequent damage to your computer system or loss of data that results from your use of the Site falls under your assumed risk and responsibility.  Further, while we aim to ensure appropriate and accurate sharing of information, we make no warranties regarding the content of the site, its quality, accuracy, truthfulness or reliability.

The Site, its Content (inclusive of uer submissions) are provided on an “as-is” and “as-available” basis without any warranties of any kind. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEST COLLABORATIVE DISCLAIMS ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.  

LIMITATIONS ON LIABILITY

WE SHALL NOT BE LIABLE TO ANY USER OF NESTCOLLABORATIVE.COM OR ITS THIRD PARTY TECHNOLOGY PLATFORM PROVIDER FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE, ITS MATERIAL OR WEBSITES LINKED TO THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT YOUR SOLE REMEDY TO ANY PROBLEM WITH THIS WEBSITE, INCLUDING ERRORS FROM AND INACCURACIES WITHIN, IS TO CEASE USING THE WEBSITE AND THE SERVICES PROVIDED THEREUNDER.  THE COMPANY, ITS THIRD PARTY TECHNOLOGY PLATFORM PROVIDER AND ANY THIRD PARTY WHO PROMOTES THE SERVICES OR PROVIDES YOU WITH A LINK TO THE WEBSITE, SHALL NOT BE LIABLE FOR YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTY, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ITS USE.  

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD THE COMPANY, ITS THIRD PARTY TECHNOLOGY PLATFORM PROVIDER, AND ANY SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS AND OTHER THIRD PARTY PARTNERS AND EMPLOYEES HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, DEMANDS, COSTS AND EXPENSES OF EVERY KIND AND NATURE (INCLUDING ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OR IN ANY WAY CONNECTED TO YOUR USE OF THE WEBSITE AND OUR SERVICE.  YOU WAIVE THE PROVISION OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.

WAIVER AND SEVERABILITY

Any failure by the Company to enforce any right or provision of these Terms shall not constitute a waiver of such rights or provisions.  Should any competent court or arbitrator find any provision herein as invalid or unenforceable, that provision will be enforced to the maximum extent permissible and any and all other provisions of these Terms will remain in full force and effect.

VIOLATIONS AND FEEDBACK

Feedback on our Site is welcome and can be submitted by emailing us at info@nestcollaborative.com. Additionally, please report any violations of these Terms to the Company at info@nestcollaborative.com

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