TERMS & CONDITIONS
Effective: June 2020
Use of Website
- To access or use our Website, you must be 18 years or older and have the requisite mental capacity to enter into these Terms & Conditions. By using this Website, you represent that you are at least 18 years old, and that you agree to be bound by these Terms & Conditions. Any use of this Website by anyone under 18 constitutes an unauthorized use and a violation of these Terms & Conditions; we do not authorize use of this Website by anyone under 18.
- Please note these Terms & Conditions may be subject to changes or updates at any time, and Website may not provide notice of such changes or updates. We reserve our right to make any changes or updates at any time, and the burden is on the user to routinely check these Terms & Conditions for updates. By continuing to use our Website and the content we produce, you confirm you agree to be bound by the Terms & Conditions as they appear, whether or not you have read them.
Intellectual Property Rights
- This Website and our Services contain original work that has been created with creativity, originality, dedication, care, detail, planning, and creative thinking. Aside from licensed content such as stock photos, this collection of work is considered intellectual property created and owned by SystemsRN and is protected under Federal Intellectual Property Laws, which prevents unauthorized use of the Website and our Services. These materials may include, but are not limited to: trademarked and copyrighted material, as well as any and all original works on our Website and within the content provided, including but not limited to website design, layout, photographs, graphics, words, content, information, documents, data, our logo, artwork, color scheme, branding and/or placement of same on Website, to the extent protectable, and any and all other information accessible through this Website, which constitutes proprietary information. This protection also includes any and all content that appears on the Website, including blog posts, program names, and any other text whether or not authored by us. All proprietary information and content is defined herein as “Content.”
- You may use the information available to you for your personal, non-commercial use only. You shall not: (1) copy, edit, distribute, duplicate or misappropriate any information on our Website, or any Content therein, including that which has been posted by a third party, whether or not you have purchased the information; (2) use, post, distribute, copy, misappropriate or otherwise use any portion of our Website, including Content or Services, without express, written permission provided by SystemsRN and understand that any such use may constitute infringement, which may give rise to a cause of action against you; (3) hold any of our Content out to be your own, and understand that doing so constitutes misappropriation and is a violation of our intellectual property rights; (4) share purchased materials, Services, information, Content with others who have not purchased them; or (5) use any portion of our Website, including all Content, information, and Services, in any commercial manner such that you make, may make, or intend to make a profit from it.
- You may be able to post your original content to our Website, including but not limited to blog comments, testimonials, or photos. You may also have the opportunity to respond to generated emails with comments or feedback, comment on a social media live stream, webinar, or any other medium where content is distributed in a manner that allows for participation or feedback. You acknowledge and agree that any submission, feedback, comments or suggestions you may provide regarding the Website and our services either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag) (collectively, “Submissions”) is non-confidential and non-proprietary, shall be treated as public information, may be shared with others on other sites and platforms and is submitted by you in compliance with these Terms & Conditions. Submissions that constitute feedback, comments or suggestions will be the sole and exclusive property of SystemsRN and you hereby irrevocably assign to us all of your right, title and interest in and to all such Submissions, and SystemsRN shall have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such Submissions in any manner it chooses, in whole or in part, with or without identifying you as the author of the original post or comment. If we so choose to identify you, you also grant us the right to identify you as the author of any comments, posts, or the like by name, email address, screen name, or any other reasonable manner of identification. With respect to all other Submissions, you hereby grant SystemsRN an irrevocable, worldwide and perpetual license to use such Submissions as contemplated in these Terms & Conditions.
- Your provision of a Submission constitutes a warranty and indemnity that you are at least 18 years of age, have sufficient license and/or other rights in the content to allow all desired use by us. You consent, for yourself and on behalf of any other person or child whose information or likeness you submit to us, to the use of the information and that it is submitted in compliance with all applicable laws. You are responsible for any Submission you provide and for any consequences arising therefrom. You understand that should any of your Submission be used, in whole or in part, you are not entitled to any payment and will not request any form of payment or favorable treatment in return.
- You shall not: (1) post, upload, publish, submit or transmit any material that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances; (2) interfere with or damage the Website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (3) use the Website to transmit, distribute, post or submit any information concerning any other person or entity; (4) violate any local, state, provincial, national, or other law or regulation, or any order of a court; (5) “scrape,” “crawl” or “spider” any web pages or other Content contained on the Website; (6) display, mirror or frame the Website, Content or Services, or any individual element within the Website or Services, our name, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent; (7) access, tamper with, or use non-public areas of the Website, our computer systems, or the technical delivery systems of our providers; (8) attempt to probe, scan, or test the vulnerability of any our systems or networks or breach any security or authentication measures; (9) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Website or any of the Content; (10) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website, Content, our Services; or (11) advocate, encourage, or assist any third party in doing any of the foregoing.
- Any conduct by a visitor that we deem in our sole discretion restricts or inhibits any other user from using or enjoying the Website or is otherwise objectionable, is expressly prohibited.
- You agree that we have the unilateral right to remove any content you post, without explanation or ramifications. You also understand that we may be obligated to take further legal action, based upon information you post, and reserve our right to do so. Should a third party choose to take legal action against you, as a result of something you posted on our Website, you agree to hold us harmless and fully indemnify us of any legal ramifications or actions.
Violation of these Terms
You agree that SystemsRN may, in its sole discretion, without prior notice and to the extent applicable, terminate your access to the Website and Services and/or block your future access to the Website and Services if we determine that you have violated these Terms & Conditions or other agreements or guidelines which may be associated with your use of the Website and Services. You also agree that any violation by you of these Terms & Conditions will cause irreparable harm to SystemsRN for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that SystemsRN deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies SystemsRN may have at law or in equity.
We do not permit copyright infringing activities and infringement of intellectual property rights on the Website and will remove any such content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- description of the copyrighted work that you claim has been infringed;
- description of the material that you claim is infringing and where it is located on the Services;
- identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at support@SystemsRN.com or by mail at Copyright Agent, c/o SystemsRN, LLC, PO Box 2334, El Granada CA 24018. Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation.
Use of Free Materials or Content
At times you may be offered a free download or printable, as a gift or opt-in offer, in exchange for your name and email address. Should you choose to download or print this material, you understand this is to be used for your personal, non-commercial use only, and is not to be copied, edited, distributed, or otherwise shared in any way other than in its original form. Should you choose to share the material, you agree and understand that you will provide SystemsRN LLC credit, will not hold the material to be your own, or otherwise attempt to make any sort of gain (financial or otherwise), from our materials.
THE WEBSITE, CONTENT AND SERVICES OFFERED BY SYSTEMSRN ARE PROVIDED “AS IS, AS AVAILABLE.” ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
The above disclaimer applies to any damages, liability or injuries, whether for breach of contract, tort, negligence or any other cause of action.
Notwithstanding the generality of the foregoing:
- The purpose of this Website is solely to provide educational information to those wishing to view it. Any Content on this Website, or Content you receive is solely for educational and informational purposes. We cannot and do not guarantee any type of specific results, outcomes, changes, or gains through use of our Website, programs, or packages contained therein, whether legal, financial, medical, or otherwise, nor are we making any guarantees regarding the success of your business, any coaching program, or any results stemming therefrom. You understand and agree to this and acknowledge that your use of any information contained herein is purely voluntary. Please note that while those who own and/or operate Website have training as a nurse, this Website is solely for the purpose of providing information about systems and funnels in business; none of the information contained on the Website or through the Services includes any medical services, nor any content geared toward those needing medical attention or treatment.
- You understand and agree that our Website and the Content and Services produced are not to be relied upon in any way as medical, legal, financial, or business advice. Nothing on this Website, in our Services, nor anything distributed via email is intended to take the place of professional advice received via a consultation with a physician, nurse, dietician, nutritionist, counselor, medical professional of any kind, lawyer, accountant, therapist, financial advisor, business consultant, or other expert regarding the details of your specific business or life. You are encouraged to consult with your own professionals for any questions you may have regarding your particular business or situation regarding legal, business, medical, or financial questions, or any similar professional that may address your own individual situation.
- Your decision to visit our Website, use information contained herein, and purchase Services we offer is purely voluntary, and you understand we are not responsible or liable for any harm or damage to you or your business resulting from direct or indirect use of the Services, our materials or Content contained on our Website. You agree to hold SystemsRN LLC harmless from any damages directly or indirectly resulting from your use of Content or Services on our Website or distributed through email and agree you will not make any claims against us or SystemsRN herein.
- Accuracy: Although we have spent considerable time and effort in creating the Website and Services and the Content provided herein, you understand and acknowledge that we are not responsible nor liable for any errors, omissions, or liability as a result of any loss or damages incurred as a direct or indirect result of your use of Website, Content or our Services. You also understand there may be inadvertent typographical errors or inaccuracies. By your use of this Website, you acknowledge and understand this information, and agree you have chosen/will choose to utilize our Website and/or our Services voluntarily. You agree that we are not responsible for the accuracy of our Website, or for any errors or omissions that may occur on the site or in our Services.
- Testimonials: Our Website may feature testimonials from clients, in order to provide readers with comments, feedback, and information from others’ experiences with our services, Website and Services. While all information, photos, and quotes used are from actual clients, these testimonials are not to be considered as a guarantee that current or future clients will experience the same results, or a guarantee that all clients will have the same experience. You understand and agree that by reading a featured testimonial on our Website, you do not expect the same results, and understand this information is not a guarantee. You also understand and agree that the individuals featured may have had different circumstances, and what worked for them may not work for you; you agree to use common sense, and consult your professional advisors if needed before beginning any program we offer, and/or before implementing any information found on Website.
- Affiliates and Endorsements: We may choose to partner with, promote, become an affiliate of, or otherwise engage in a joint venture with another individual or company whom we feel aligns with our Services or services. You understand that should an affiliate or joint venture program be featured on our Website, we may receive financial compensation or other payment as a result. You understand and agree that you must use your own judgement with respect to determining whether any promotion of another product is right for you and your business. Our decision to promote, suggest, or reference another service indicates nothing more than an acknowledgement that we respect or appreciate the business, person, or service. Your decision to use or purchase from such a promotion is yours alone, and you understand we have no involvement in your decision, nor shall we have any liability should you purchase from a promoted product and become unsatisfied. References to other coaches, information, events, Services, opinions, or companies on our Website, blog, or emails is meant purely as a way to share information, not as an endorsement or suggestion that you purchase or use whatever is being mentioned. We are not responsible for any information, content, emails, products, programs, or services of any other person, business, or entity that may be referenced on our Website.
- Technology Disclaimer: By using our Website, you understand and agree that SystemsRN LLC makes no guarantees or warranties regarding the condition of Website, including functionality, existence of viruses or other components that may harm your computers, uninterrupted use, constant access and availability, and the like. We will use commercially reasonable efforts to make our Website available to you at all times; however, from time to time the Website may be down for maintenance, repairs, as a result of “crashing” or overuse, or any other reason, known or unknown to you, and you agree and understand that this may occur without explanation. Should this occur, you understand, agree, and acknowledge we are not liable for any damages, losses, interruption in your business, or other inconvenience sustained by you as a direct or indirect result of the unavailability of our Website. We do not owe you an explanation, refund, or any reimbursement, nor do we have any obligation to you to continue running our Website, and you agree to simply check our Website at a later date to confirm when it has been relaunched. We may also make the unilateral decision to change or discontinue all or part of our Website, its Content, or any portion thereof without notice before or after, and such Content may thereafter be unavailable. The Website and any and all Content and Services made available are offered on an “as is” basis, with no additional attachment or warranties therein. You understand and agree we are not obligated to you to continue running all or part of our Website or any content therein, or any particular Services being offered for sale, nor shall we be liable for any harm to your business or personal self as a direct or indirect result of a decision to alter, remove, or change Content without notice. Any technology related advice or recommendations made on our website are purely our opinion; any decision to follow recommendations made on Website are purely voluntary, and we make no guarantees or have no responsibility for any negative experiences with any vendors or services we may recommend.
Information You Provide
- In order to gain access to our email list, you may be required to provide information about yourself, including your name, email address, and other personal information. In order to purchase Services, you will also be required to submit payment information and a billing address and may be asked to create a username and password to gain access to your purchased Services. Please note you are responsible for keeping track of your username and password and understand that you bear the consequences should you choose to share this confidential information with anyone.
- You acknowledge and understand that any information provided to us is done so on a purely voluntary basis. By choosing to provide us with this information, you agree and represent that any information provided to us through the Website or a third-party payment processor will be accurate and current and belong to you. You understand you may not hold yourself out as someone else or use anyone else’s information and agree to bear the consequences should you use anyone else’s information as your own.
- You also agree that you are to remain financially responsible for any purchases made through our Website by you, or by another person acting on your behalf, regardless of the information provided at checkout. Should information become available at a later date confirming you performed unauthorized use of a credit card or other payment information belonging to someone other than yourself, you understand and agree that you alone remain financially responsible for purchases made through our Website.
- You understand that should you elect to make a payment through our website, information obtained during your purchase, including name, address, credit card information, method of payment, billing information, and other personally identifiable information may be collected by us, as well as our payment processing company.
- You also understand and agree that any information provided by you is true and accurate, to be relied upon by us and our team in processing payment and delivering our Services to you. Should your payment fail to process, we reserve the right to withhold the purchased product from you unless and until payment is properly rendered.
- We will take reasonable precautions and measures to keep this information private. While we will attempt to monitor and resist any third party hacking or third party ability to gain access to confidential information held by us, you agree and understand we are not liable for any unauthorized access to or use of your information or property, regardless of negligence, failures, tort, breach of implied or express contract, or any other causes of action or legal theories of liability, even if such theories could have been foreseeable or preventable, or if we were made aware of such a possibility.
- You also acknowledge and agree that we have no responsibility or liability for policies of third party payment processing companies we select and use to facilitate purchases through our Website. When you make a purchase on our Website, please note you may also be subject to the terms and conditions, policies, and/or guidelines of the payment processing company, in addition to ours. For more information, we encourage you to visit the website of the payment processing company and read their policies and terms and conditions as well. You agree to release us as well as the payment processing company we choose from any damages you incur as a result of this process, and you agree not to file or assert any claims against us or the payment processing company arising from your purchase of a product through our Website.
- You agree at all times to defend, fully indemnify and hold SystemsRN LLC and any affiliates, agents, team members or other party associated with us from any causes of action, damages, losses, costs, expenses incurred as a result of your use of our Website or any Services, as well as any third party claims of any kind (including attorney’s fees) arising from your actions in relation to our Website or Services or any breach by you of any such conditions outlined herein. Should we be required to defend ourselves in any action directly or indirectly involving you, or an action where we decide your participation or assistance would benefit our defense, you agree to participate and provide any evidence, documents, testimony, or other information deemed useful by us, free of charge.
- Should you, as a visitor of our Website, see anything objectionable or offensive posted by a third party, you agree to (1) notify us of the material, and (2) agree not to take any action against us based upon the content posted by the third party. You understand we cannot be responsible for material posted by a user without our control and agree to release us of any and all claims arising therefrom.
Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WILL SYSTEMSRN OR ITS THIRD PARTY VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF SYSTEMSRN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SYSTEMSRN’S LIABILITY TO YOU FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, EXCEED THE LESSER OF THE AMOUNT OF FEES PAID OR OWED BY YOU TO SYSTEMSRN DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100.00.
BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.
You agree and understand we have the right to refuse or immediately terminate your access to our Website at any time, for any reason, with or without notice.
You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of California excluding: (1) its conflicts of law principles; and (2) the United Nations Convention on Contracts for the International Sale of Goods. Any dispute arising hereunder or relating hereto shall be resolved by binding arbitration in San Mateo, California. Any arbitration between you and us will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms & Conditions, and will be administered by the AAA.
Notwithstanding the paragraph above, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in U.S. small claims court, (ii) pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a U.S. court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
To the extent that any lawsuit or court proceeding is permitted under these Terms & Conditions, you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in San Mateo, California for the purpose of litigating all such disputes.
Any claim under these Terms & Conditions must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein. YOU AGREE THAT NO CLASS ACTION MAY BE PURSUED OR MAINTAINED WITH RESPECT TO ANY DISPUTE REGARDING THESE TERMS & CONDITIONS.
You may preserve these Terms & Conditions in written form by printing it for your records, and you waive any other requirement that these Terms & Conditions be evidenced by a written document. You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Website or through the Services, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
All provisions of these Terms & Conditions are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions.
The parties declare that they have required that these Terms & Conditions and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.
Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Should you have any questions with respect to any of the foregoing, please contact us at support@SystemsRN.com.