Use Of Service, Subscription, Terms of use, and privacy statement

Intuitive RN

 

This Use of Service, Subscription, Terms of Use, Disclaimer, and Privacy Statement (this “Agreement”) is entered into by and between Intuitive RN LLC (“Intuitive RN”) and you (“Subscriber”), the user of this App (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, Subscriber hereby agree to these terms and conditions. Subscriber acknowledges that this Agreement does not extend to an agreement between Subscriber and Intuitive RN’s agents or licensees and its agents or licensees are not bound to Subscriber under the terms of this Agreement nor are Intuitive RN’s agents or licensees responsible for any of the Service’s content.

 

This Service provides useful information but is not a substitute for a licensed medical professional’s own education and training. This Service does not provide medical advice and Intuitive RN is not a licensed medical professional. None of our customer service representatives are medical professionals and they also 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 Intuitive RN, consult with your appropriate hospital or clinical staff to make sure the information is appropriate for the situation.

 

The Intuitive RN Service is a 2018 copyright.  All rights reserved.

 

USE OF SERVICE

 

Licensed Subscription:

By subscribing to this Service, Subscriber is granted a limited, non-transferrable license to use the Service on any applicable Apple-branded Product that is in the sole ownership and control of Subscriber that is permitted by the Usage Rules set forth in the App Store Terms of Service. The Service is protected by United States Copyright Law and any replication of content, pictures, or processes are strictly prohibited. Additionally, sharing or selling Subscriber log-in information or otherwise causing the Service to be shared for non-personal use on Subscriber’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. Each device used serially or collectively by multiple users requires a separate license and Subscriber.

 

AUTO-RENEW SUBSCRIPTION TERMS

 

Title:  Intuitive RN

Auto-Renew and Subscription Description:

Subscriber purchase of the service will be charged to their iTunes Account at confirmation of purchase. Users are offered a $4.99 monthly subscription option, unless a reduced rate is being offered at the time of purchase. These selections and rates auto-renew and the user will be charged for renewal within 24-hours prior to the end of the current period, unless the user has turned off the auto-renew function at least 24-hours prior to the end of the current period. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable. Intuitive RN’s Privacy Policy, Disclaimer and Terms of Use can be viewed in its entirety at www.IntuitiveRN.com/faq. Subscriber’s purchase of this Service is non-refundable for the term of the subscription.

 

TERMS OF USE

 

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT INTUITIVE RN’S LIABILITY TO SUBSCRIBER. 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 SUBSCRIBER 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, SUBSCRIBER ACKNOWLEDGE AND AGREE THAT HE/SHE/IT HAS READ AND UNDERSTANDS THESE TERMS AND CONDITIONS, THAT THE PROVISIONS, DISCLOSURES, AND DISCLAIMERS SET FORTH HEREIN ARE FAIR AND REASONABLE, AND THAT SUBSCRIBER 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 SUBSCRIBER BY ANY PERSON OR ENTITY.

 

Intuitive RN provides the Service, information, content, and/or data (collectively, “Information”) contained therein for informational purposes only. Intuitive RN does not provide any medical advice with the Service, and the Information should not be so construed or used. Using, accessing and/or browsing the Service and/or providing personal or medical information to Intuitive RN does not create a physician-patient relationship between Subscriber and Intuitive RN, nor does it create an agency relationship between Subscriber and Intuitive RN. 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 your state, country, or
Medical Advice Disclaimer:
other appropriate governing body for Subscriber’s location of use, or will it substitute Subscriber’s own medical training, the advice of Subscriber’s employer, nurses, doctor, etc. Subscriber should not rely on anything contained in the Service, and Subscriber should consult a physician or nurse in your state, country, or other appropriate governing body in all matters relating to the patient’s health and Subscriber’s actions. Subscriber hereby agrees that he/she/it shall not make any health or medical related decision based in whole or in part on anything contained in the Service. Subscriber 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 Subscriber and Intuitive RN. Subscriber hereby agrees that he/she/it shall not make any financial, medical, investment, legal and/or other decision based in whole or in part on anything contained in the Service.

 

The content in Intuitive RN is
Information Disclaimer:
opinion that is rooted in clinical findings and experience and are subject to certain assumptions and 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 Intuitive RN 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. Intuitive RN undertakes no obligation to update any Information on the Service; provided, however, that Intuitive RN may update the Information at any time without notice in Intuitive RN’s sole and absolute discretion. Intuitive RN reserves the right to make alterations or deletions to the Information at any time without notice.

The Service may, from time to time, contain links to third-party
Third-Party Links and Advertisements:
web sites. These links are provided solely as a convenience to Subscriber and not as a guarantee, warranty, or recommendation by Intuitive RN 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. Intuitive RN 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 Subscriber decides to access linked third-party web sites, Subscriber does so at his/her/its own risk. Subscriber’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 INTUITIVE RN MAKES NO REPRESENTATIONS, AND/OR WARRANTIES ABOUT, ANY PRODUCT OR SERVICE CONTAINED THEREIN.

 

Third-Party Terms of Agreements:

Subscriber must comply with, and not be in violation or default of, any applicable third-party terms of agreement when using the Service. Subscriber acknowledges and agrees that Intuitive RN’s agents and/or licensees, and their subsidiaries are third-party beneficiaries of this Agreement and that, upon Subscribers acceptance of the terms and conditions of this Agreement, Intuitive RN’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 Subscriber as a third-party beneficiary thereof.

 

The Service is protected by
Reservation of Intellectual Property Rights:
United States copyright laws. Intuitive RN hereby reserves any and all intellectual property rights in the Service. Should any third-party claim arise, Subscriber acknowledges that Intuitive RN’s agents and/or licensees are not responsible for the investigation, defense, settlement, and discharger of any such intellectual property infringement claim.

 

Maintenance and Support:

Although every effort will be made on Intuitive RN’s part to ensure a smooth and problem free experience with the Service, Subscriber acknowledges that certain problems may be unavoidable. Subscriber also acknowledges that Intuitive RN, 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 Intuitive RN at support@IntuitiveRN.com. Furthermore, any other Subscriber complaints or claims with response to the Service should be directed to:

 

Intuitive RN

c/o Jade Chase

1116 S. Vista Ave. #263

Boise, ID 83705

651-503-7352

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.

 

Subscriber agrees to indemnify and hold Intuitive RN, 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 Subscriber on this Service, (2) any violation of law that occurs by Subscriber through the Service, and/or (3) anything Subscriber does
Indemnification:
using the Service and/or the Information contained therein.

 

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 Subscriber’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 Subscriber agrees to submit to the jurisdiction of courts in the State of Idaho. Subscriber 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. Subscriber further warrants that (i) he/she/it 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) he/she/it is not listed on any U.S. Government list of prohibited or restricted parties.

 

Entire Agreement:
Subscriber hereby acknowledges that this Agreement represents the entire understanding between Subscriber and Intuitive RN concerning your use of the Service and the Information contained therein.

 

Intuitive RN may, in Intuitive RN’s sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in
Modification:
party at any time for any reason without any notice to Subscriber, 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:
Intuitive RN’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.

 

DISCLAIMER

 

The Subscriber is receiving only a limited right to use the Intuitive RN content and its “Service” for Subscriber’s own internal or personal use. The Subscriber 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 Intuitive RN’s consent.

 

Disclaimer of Warranties:

This Service is provided on an “as is” basis. Neither publisher, Intuitive RN, Intuitive RN’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 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 Subscribers 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. Any warranties of any kind, whether expressed or implied, are disclaimed. Any material or data obtained through use of the Service is at your 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. In the event of any failure of the Service to conform with the applicable warranty, the Subscriber may notify Intuitive RN’s marketing agents and/or licensees and may be refunded the purchase price for the Service’s unused subscription. Subscriber acknowledges that Intuitive RN’s agents and licenses do not warrant the Service, not are they obligated for any claim, losses, liabilities, damages, costs or expenses attributable to the failure conform to any of Intuitive RN’s warranties not disclaimed.

 

Medical Disclaimer:

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. Intuitive RN 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 Intuitive RN nor its agents or licensees shall be liable to Subscriber 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.

 

Limitation of Liability:

IN NO EVENT WILL INTUITIVE RN OR ITS AGENTS OR LICENSEES BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, 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 SUBSCRIBER’S USE OF THE SERVICE OR ANY OTHER MATTER RELATING TO THE SERVICE. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT INTUITIVE RN’S LIABILITY TO SUBSCRIBER, AND ANY OTHER THIRD-PARTY, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. INTUITIVE RN’S TOTAL CUMULATIVE LIABILITY TO SUBSCRIBER AND ANYONE WHO USES THE SERVICE THROUGH SUBSCRIBER’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, Intuitive RN should have any liability to Subscriber or any third-party for any loss, harm or damage, you and Intuitive RN agree that such liability shall under no circumstances exceed the lesser of $1,000 or the fees Subscriber paid us during the three (3) months immediately preceding the day the act or omission occurred that gave rise to Subscriber’s claim. Subscriber and Intuitive RN agree that the foregoing limitation of liability is an agreed allocation of risk between you and Intuitive RN and reflects the fees, if any, Intuitive RN charge Subscriber to use the Services. Subscriber acknowledge that absent Subscriber’s agreement to this limitation of liability, Intuitive RN would not provide the Service to Subscriber. Subscriber further acknowledge that Intuitive RN’s agents, licensees, and/or their subsidiaries are not responsible for addressing any claims of the Subscriber or any third-party relating to the Service or the Subscriber’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 HealthKit and HomeKit frameworks.

 

PRIVACY STATEMENT

 

Subscriber’s privacy is important to Intuitive RN. Please note that this Privacy Policy my change from time to time. We will post any policy changes on this page and, if changes are significant, we will provide a more prominent notice. This Privacy Policy applies to all of the products, services, and websites offered by Intuitive RN. If you have any questions about this Policy, please feel free to contact us through our website or write to us at info@IntuitiveRN.com.

 

Information we collect and how we use it:

In order to provide our full range of services, we may collect the following types of information:

  1.  

  1. Information you provide – When you sign up for an Intuitive RN account or other Intuitive RN Service or promotion that requires registration, we ask Subscriber for personal information (such as your name, email address and an account password).

  2. Cookies – We may send cookies to your device while using our Service. Intuitive RN features and Services may not function properly if your cookies are disabled.

  3. Security – We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data. However, you understand that no security is perfect and will not hold Intuitive RN liable, its agents or licensees for any unforeseen security breaches.

  4. User Communications – When Subscriber sends emails or other communications to Intuitive RN, we may retain those communications in order to process your inquiries, respond to Subscriber’s requests and improve our services.

  5. Affiliated sites – Personal information that you provide to affiliated sites may be sent to Intuitive RN, its agents or licensees in order to deliver the service. We process such information in accordance with this Policy. The affiliated sites may have different privacy practices and we encourage Subscriber to read their privacy policies.

  6. Links – Intuitive RN may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our technology, content and services.

  7. Other Sites – Our Privacy Policy applies only to web sites and services that are owned and operated by Intuitive RN.

 

Subscriber agrees that Intuitive RN may collect and use technical data and related information—including but not limited to technical information about Subscriber’s device, system, and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to Subscriber (if any) related to the service. Intuitive RN may use this information, as long as it is in a form that does not personally identify Subscriber, to improve its products or to provide services or technologies to you. Intuitive RN only processes personal information for the purposes described in the applicable Privacy Policy and/or privacy notice for specific services. In addition to the above, such purposes include, but are not limited to: (i) Providing our products and services to users, including the display of customized content advertising; (ii) Auditing, research and analysis in order to maintain, protect and improve our services; (iii) Ensuring the technical functioning of our network; (iv) Developing new services; (v) Providing updates of content with the use of notifications or emails. You may unsubscribe or opt out from future email from Intuitive RN by clicking “Unsubscribe” at the bottom of any email.

 

Information sharing:

Intuitive RN does not sell, trade, or rent personal information to other companies. Intuitive RN only shares personal information with other companies or individuals outside of Intuitive RN if a good faith belief that access, use, preservation, or disclosure of such information is reasonably necessary or to affiliated companies trusted to process information on our behalf. If Intuitive RN becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will provide notice before personal information is transferred and becomes subject to a different privacy policy. We may share with third parties’ certain pieces of aggregated, non-personal information, such as the number of users who searched for a particular term, for example, or how many users viewed particular content. Such information does not identify you individually. Please contact us at info@IntuitiveRN.com for any additional questions about the management or use of personal data.

 

 
 
 
 

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