Terms & Conditions
The Terms of Service detailed explain the utilization of the websites, services, add-ons, plugins or any content or data or documentation provided or given access to by FFN (“we”, “our”, or “us”), and collectively referred to as “Services”.
These Terms act as an agreement among you, the user, and us concern any Services you agree and consent to use (e.g. all services distinguished as a component of your sign-up process or other acknowledgment of these Terms) or in any case utilize that are administered by these Terms. You, the human individual, are exclusively limited by these Terms, regardless of whether your organization has a different agreement with us. The terms “you” and “your” allude to an individual user and/or the organization that you are a part of.
By engaging with and accessing the sites or enrolling with or utilizing the services, you: (1) confirm that you are authorized to enter into this agreement, (2) confirm that you understood and agree to abide by these Terms; and (3) are agreeing that these terms govern the relationship between you and us.
DO NOT USE THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.
I. Disclosures and Digital Notifications
We may update these terms and conditions via email to you and will be considered to be received at such a time.
II. Updates to the Terms of Service
We may change these terms periodically. You must check these terms regularly to confirm your acceptance of the same. Receipt or use of Services by you is binding consent to these terms and conditions.
III. User Responsibility
By accessing or using our services, you agree that you have the physical, mental, legal, and other abilities to enter into an agreement with us. You agree to be at least eighteen (18) years of age. Each account is for one, human individual, and sharing of passwords or otherwise assisting others in using your account is prohibited and may lead to a termination of the Services at our discretion. Each account shall have an appropriate professional license linked to the account with such a professional license to be verified by us or by a third party prior to or to keep your account active. Such a professional license may be but is not limited to an active nursing license.
IV. Personal Data
You are the owner of any and all data provided to us in conjunction of providing the Services. Such data includes information, images, audio files, video files, graphics, copies of professional licenses, and any data or media provided to us in relation to the Services (“Customer Data”). You award us a license that is irreversible, non-elite, nontransferable (besides regarding the task of these Terms), valid around the world, and is royalty/fee free.
By giving Customer Data to us, you confirm that you are qualified to submit said Customer Data and that it isn’t confidential and does not violate any regulation, legally binding limitations or other third-party privileges, and that the Customer Data isn’t unlawful, disgusting, profane, obscene, prejudicial, false, tricky, deceiving, abusive, exchange derogatory, hostile, offensive, unlawfully annoying or generally harmful to any third-party.
We and all of our subsidiaries, agents, and appoints, are granted a global, never-ending, sovereignty free, completely paid, sublicensable, non-elite, and adaptable right to utilize, distribute, replicate, disseminate, change, plan subordinate works of, adjust, openly show and in any case utilize the Customer Data as needed. Such right to utilize such Customer Data will endure the end of these Terms and end of the Services.
You understand that we or a third party we designate will require proof of professional licensing related to your account. However, you understand and agree that we only confirm any professional licensing and otherwise do not make any representations regarding such licensing including but not limited to assisting you in any way in obtaining, retaining, renewing, or otherwise dealing with any such professional license.
VI. User Interactions
By receiving the benefit of the Services, you agree and understand that we do not undertake any factual, background, or other checks and you are solely responsible for the accuracy of your Customer Data and how that data is either shared with other users or how you otherwise interact with any other users. Notwithstanding, we reserve the right to, but not the obligation to, either ourselves or through a third party, verify professional licensing to ensure your ability to participate in our Services. We are not responsible for the honesty, exactness, legitimacy, or culmination of any of the Customer Data or some other data given by different clients or some other third-party. You hereby release us from any and all claims as they may apply to the Services and any interactions with other users or third-parties including their use of your Customer Data.
You may also interact with us or with third parties via a mobile device application, SMS messages, desktop application, interactive plugins, TPP Apps (as defined below) and other interactive media on websites and webpages belonging to or operated by third-parties. You agree to the terms of any such third parties in using their platforms and agree that we may give and receive data and information with such third parties in furtherance of the services being provided.
SPECIFICALLY, YOU AUTHORIZE US TO, EITHER OURSELVES OR VIA A THIRD PARTY, VERIFY YOUR PROFESSIONAL LICENSURE AS MAY BE NEEDED TO ENGAGE IN OR BENEFIT FROM ANY SERVICES THAT WE PROVIDE OR OTHERWISE TO BE IN A CONTRACTUAL RELATIONSHIP WITH FFN.
Additionally, any hardware you use in regards to the Services may have its own terms and conditions that you will agree to and allow us to give and receive data with the same, including but not limited to devices using iOS, Android, and other software. Any costs related to any such third party applications, devices, and messages shall be your sole responsibility.
VII. Ownership of Customer Data and Profile
Aside from your Customer Data, all other information related to your account with us is owned by us including but not limited to data, other than Customer Data in your account with us. You agree to keep your account safe and secure and not share your account log-in details including but not limited to username(s) and password(s) with any third party. No account or any information therein may be transferred to a third party without our explicit consent. Any information shared via your profile that is not Customer Data, including but not limited to customer feedback, comments, and other data shall be our sole property.
As you are the owner of your Customer Data, you are solely responsible for protecting such data, including but not limited to any personal information, usernames, and passwords. Should any Customer Data or data related to your account, our Webpages, or Services be compromised or otherwise hacked, you shall solely be responsible for any unauthorized use of the account, Webpages, or Services. In any event, we will not be liable for any such unauthorized use.
VIII. Use and Eligibility
We will grant you a restricted, revocable, non-adaptable, non-transferrable, non-sublicensable, non-exclusive license to access our Webpage and such that you may receive the Services. The license must be used only by you and cannot be and will not be able to be used by any other party to access the Services. The license stated herein is for your sole inside business reasons and no other reasons. In furtherance of the same, you agree to respect the license granted herein and agree to not download or share any content on our Webpage or related to our Services without our explicit prior consent. Additionally, by using our Webpage, you agree that you are of legal age to use the Webpage and receive the Services, that you are not prevented or restricted from using the Services or accessing the Webpage, that you will provide truthful and accurate information to us, that you will not use the Webpage or Services for any commercial means that have not been approved by us, and that you will not violate any of our rights or those of any third parties. In furtherance of not violating our rights, you agree to not replicate, distribute, lease/sub-lease, reverse engineer, or otherwise alter our Webpage or Services as they are provided. Violation of such terms may result in deletion of messages or comments or reviews that violated these terms and conditions, termination of your account, legal action, complaints, and all other legal remedies afforded to us under the law.
All information which has or could have commercial value or other utility, including but not limited to any and all information concerning discoveries, developments, designs, improvements, inventions, formulas, software programs, processes, techniques, know-how, data, research techniques, customer and supplier lists, marketing, sales or other financial or business information, scripts, and all derivatives, improvements and enhancements to any of the above shall be our property and only our exclusive property.
We are not liable for any misstatement, change, loss, modification, or other change of any content provided by or transmitted via the Webpage or any other medium, including but not limited to text messages and emails, in furtherance of providing the Services. You agree, understand, and affirm that you are solely responsible for any and all data and information regarding your use of our Webpage and Services and you agree to hold us harmless and indemnify us for any such misstatement, change, loss, modification, or other change of any content.
We will comply with all applicable laws and regulations as they relate to the Services. You agree to do the same. Additionally, you agree to not engage our Webpage or Services in a manner that may be illegal, in violation of any laws or regulations, lead to any civil liability or otherwise cause us or our other clients/customers harm. You agree to not use any software, hardware, or otherwise any tools to engage in any hacking, sabotage, data interception, virus/trojan horses/malware programming or introduction, or any misuse of our Webpage, intellectual property, and/or Services. You further agree to not replicate or otherwise modify any of our Services, Webpages, or intellectual property, agree to not engage in any material/data/content being posted that is defamatory, harassing, vulgar, private, or otherwise may lead to any potential claims by any third parties, and agree to use the Services only in the manner in which they have been intended. Finally, you agree to not SPAM us, any of our users, vendors, or anyone you interact with when you obtain the benefit of our Services.
You may not transfer, download, post, distribute, communicate, duplicate, or disperse in any capacity, records, material, data, programming or other material you obtain through the Webpage or Services that is safeguarded by copyright or trademark or other intellectual property, without acquiring consent of the copyright proprietor or other right holder. We reserve the right, yet not the commitment, to eliminate from the Webpages and Services any documents, material, media, data, programming or other material we believe to be encroaching or generally infringing upon the privileges of others. Should you feel your rights or property has been infringed upon by a user of ours in our provision of Services to the user, please feel free to reach us at the email stated in these terms and conditions and we will attempt to address your claim.
IX. Fees and Costs
Should any Service have a fee or cost associated with it (“Paid services”), you agree to pay any and all such fees and costs plus any related local, state, federal, or international taxes, as applicable. Any fees and costs are due upon immediate receipt of the invoice; the Services provided are non-refundable. Should the invoice not be paid immediately, you agree to provide us with the invoice plus applicable legal interest, collections fees and costs including but not limited to attorneys’ fees and court costs, and an expenses incurred in cancellation or termination of your account. Should you have a stored payment method (Credit Card, ACH information, etc.), you authorize us to charge such payment method for the full amount of any balances due without any additional notice or approvals. You agree to keep any such payment methods accurate and non-expiring.
For any recurring payments for Services, you will be billed on a periodic basis. Any changes to the Services will be reflected in the following periodic invoice. In order to avoid any interruptions in the Services, any renewals shall be automatic unless you explicitly contact us to opt out. You may contact us to opt out of auto renewal or otherwise cancel or amend your subscription. Any fees due for any Services to be provided and any costs incurred by us will be due at the time of your termination of your subscription, account, and/or Services.
X. Third-Party Interactions
You understand, agree, and affirm that we may make accessible certain third-party programming applications (“TPP Apps”), including TPP Apps that interoperate with Services. Your use of such TPP Apps will be represented by the agreements of an end user agreement (“TPPEA”) among you and the creator, owner, and/or distributor of such TPP App (“TPP Publisher”). Should you not agree to the TPPEA for a TPP App, you should not utilize that TPP App. Any term in any TPPEA that unfavorably influences these terms and conditions is preempted by these Terms. You waive any claims against us for your use of any TPP App and the terms and conditions stated in any TPPEA by any TPP Publisher. Your use of the TPP App is your sole decision and we do not have any access to or ability to provide support for your use of any such TPP App. Additionally, any information gathered by the TPP App may be governed by additional terms and conditions and you are encouraged to review the same. As we may work with such a TPP App in providing the Services, you authorize us to share Customer Data and other data by and between us and any TPP App that we work with that you chose to use. We do not have control over and cannot govern how a TPP Publisher may use the Customer Data and other data you choose to include in, store in, or share with any such TPP App. As such, you agree that we are not providing any warranties, guarantees, or otherwise any support regarding any such TPP Apps.
BY USING OUR SERVICES, YOU AGREE TO DISCLAIM ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR ANY IMPLIED WARRANTES.
You agree to hold us harmless for your use of any TPP Apps and agree, affirm, and understand that we do not have any legal obligation to monitor the TPP App and its security and any content, data, or media shared with any such TPP App. In additional to such TPP Apps, you agree that any third-party contractors, suppliers, vendors, licensors, or others that you may work with are not employees, owners, or otherwise related to us and as such, you are responsible for any data and information you provide to any such third party websites, programs, or applications. Any such use of such third party websites, programs, or applications will be at your own risk and will be governed by the third party websites’, programs’, or applications’ terms and conditions.
XI. Limitations under Laws of the United States of America
We own and operate the Webpages and Services from offices, servers, data storage, and hosting from and within United States of America. The Webpages and Services are not meant to be used and should not be used out side of the United States of America. Should you use any content, Services, Webpages, data, media, or otherwise any aspect of our business outside of the United States of America, you shall be solely liable for the use of the same and for compliance with any local or international laws.
You understand and agree to abide by all local, state, federal, and international laws when using our Webpages and Services including but not limited to USA PATRIORT ACT. As such, you affirm, confirm, and pledge that you will not use the Services or allow any third party to benefit from Services for any countries that are part of an embargo, that have been deemed a ‘terrorist organization,’ that have been deemed a ‘terrorist supporting’ country, and individuals or entities that are on lists of restricted, banned, or prohibited parties.
Additionally, you understand, agree, and affirm that you are not an owner, officer, employee, agent, partner, or otherwise in any business relationship with us and that we are independent contractors who are providing the Services as per these terms and conditions.
XII. Suspension, Restriction, and Termination of Account and/or Services
We reserve the right to suspend, restrict, terminate, deny access to, and otherwise limit your use of your account, the Webpages, and/or Services if we believe that you may have engaged in any activities that may violate the explicit terms of the these terms and conditions or the intent and spirit thereof. Should any such limitation arise due to your violation of these terms and conditions, you forego the right to a refund, if any, for any fees and costs paid for any Services as of the date of such a limitation.
You agree, affirm, and confirm that even after any suspension, restriction, termination, or limitation of the Webpages or Services, you will continue to abide by and be bound to these Terms and Conditions. Any Customer Data may be stored, deleted, or otherwise maintained at our discretion upon the termination of your account. You expressly waive any claim for damages relating to any such limitations or terminations against us.
THESE DISCLAIMERS LIMIT OUR OBLIGATIONS AND YOUR ABILITIES TO SEEK CLAIMS AGAINST US. PLEASE READ THEM CAREFULLY.
ANY USE OF THE WEBPAGES, ACCOUNTS, AND SERVICES IS ON AN ‘AS IS’ BASIS AND WE EXPRESSLY DISCLAIM ANY GUARANTEES AND WARRANTIES REGARDING THE SAME INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR ANY IMPLIED WARRANTES. ANY WEBPAGES, ACCOUNTS, AND SERVICES ARE NOT GUARANTEED OR WARRANTIED TO BE OPERATIONAL, DEFECT FREE, SECURE, OR OTHERWISE RELIABLE. WE SHALL NOT BE RESPONSIBLE FOR ANY DEFECTS WITHIN THE WEBPAGES, ACCOUNTS, AND SERVICES.
WHILE WE WILL UNDERTAKE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE SERVICES, WE DO NOT GUARANTEE OR WARRANTY THE AVAILABILITY OF THE WEBPAGES, ACCOUNTS, OR SERVICES BEING AVAILABLE OR ABLE TO BE USED AT ALL TIMES. WE DISCLAIM ANY ACCOUNT BEING IN ACCESSIBLE, LOSS OF ANY CUSTOMER DATA, OR OTHERWISE ANY ISSUES RELATED TO THE SERVICES. WE ARE NOT RESPONSIBLE FOR ANY LIMITATIONS IMPOSED ON YOUR USAGE OF THE WEBPAGES, ACCOUNTS, OR SERVICES IN CONFORMANCE WITH THESE TERMS AND CONDITIONS.
“WE” or “US” will mean FFN and each of its past, present and future, known and unknown, and direct and indirect affiliates, parents, subsidiaries, divisions, proprietorships, associations, administrators, organizations, joint ventures, distributors, partners, other business enterprises, employees, agents, representatives, independent contractors, officers, directors, managers, management, executives, members, principals, stockholders, shareholders, equity investors, attorneys, executors, fiduciaries, predecessors, successors, successors in interest, transferees, licensees, assigns, creditors, brokers, receivers, trustees, insurers, reinsurers, indemnitees, and all other related entities or individuals, all in their personal and agency capacities, that are legally capable of acting on the company’s behalf.
THE TOTAL POTENTIAL DAMAGES THAT WE MAY BE RESPONSIBLE FOR ANY CLAIMS BROUGHT BY YOU OR VIA ANY THIRD PARTY ARE LIMITED TO THE FEES AND COSTS PAID TO US UP TO 30 DAYS BEFORE SUCH A CLAIM IS FIRST BROUGHT TO OUR ATTENTION. NOTWITHSTANDING, WE WILL NOT BE RESPONSIBLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUNTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OUR WEBPAGES AND/OR SERVICES, OR USE OF THE SAME. SUCH A WAIVER INCLUDES CLAIMS RELATED TO DATA LOSS, HACKING, LOST REVENUES, LOST PROFITS, LOST GOODWILL, LOSS BY ANY THID PARTY, AND ANY AND ALL CLAIMS BASED ON CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL BASIS.
YOU AGREE TO THE WAIVERS IN THESE TERMS AND CONDITIONS AS A MATERIAL CONSIDERATION FOR YOUR USE OF THE SERVIES. YOU AGREE THAT YOUR ONLY REMEDY UNDER THESE TERMS AND CONDITIONS SHALL BE THE DAMAGES LIMITATIONS AS STATED PREVIOUSLY AND YOUR DISCONTINUATION OF THE USE OF OUR WEBPAGES, ACCOUNTS, AND SERVICES.
THE WAIVERS STATED HEREIN ARE MEANT TO BE BROAD. SHOULD ANY JURISDICTION DEEM ANY WAVIER TO BE TOO BROAD, THE WAIVER SHALL BE LIMITED TO THE BROADEST POSSIBLE INTERPRETATION IN ANY SUCH JURISDICTION.
XIV. Services not approved or endorsed
You understand, agree, and affirm that the Services that FFN may provide are not approved or endorsed by any licensing agency, state or federal government agency, hospital, and otherwise any third party. FFN is not affiliated with, licensed by, or otherwise have any relationship with any licensing agency, state or federal government agency, or professional licensing body. FFN’s goal is to provide Services to and provide benefits for certain professions including but not limited to nursing. FFN, however, is not itself a licensing agency or regulated body. ANY ENGAGEMENT WITH FFN IS COMPLETELY VOLUNTARY FOR EACH INDIVIDUAL AND IS NOT REQUIRED BY ANYONE.
XV. Miscellaneous Terms
Entire Agreement. These terms and conditions, along with any independent contract you may have with us, any privacy policies, and any other written agreements entered previously that are currently valid (all incorporated herein by reference), are the full and entire agreement between you and us regarding the Webpages, our Services, and your accounts with us and/or our Platform. If these terms contradict the last executed contract with us, the terms of the executed contract will govern.
Amendment. These terms and conditions may be amended from time to time, by us, and you are solely responsible to check these terms and conditions on a periodic basis to ensure compliance with the same. Any other agreements between you and us will only be amendable in writing.
Governing Law and Venue. These terms and conditions shall be governed by the laws of the State of Nevada, without regard to conflict of law terms or provisions. Any issue arising out of these terms and conditions shall be adjudicated in Clark County, Nevada. You agree that the Courts of Clark County, Nevada will have jurisdiction over you (personal and general) and that the venue for any issues that arise out of these terms and conditions or your use of the Services shall solely be the Courts of Clark County, Nevada.
Equitable Relief and Cumulative Rights. To protect our interests under these terms and conditions, you agree, affirm, and confirm that we have the right, but not the obligation, to pursue equitable relief including but not limited to injunctive relief in any jurisdiction in which you live, operate, own property, or otherwise are related to. We further reserve the right to seek any domestication of judgements in any forum after we have received relief from a court. Furthermore, any rights granted to us in these terms and conditions are cumulative, in that they do not limit any rights to pursue any claims that we have and that we may seek multiple remedies consecutively or concurrently at our election.
Arbitration. THESE TERMS GOVERN YOUR ABILITY TO SEEK RELIEF AND FILE A LAWSUIT. PLEASE REVIEW THEM CAREFULLY.
You shall cooperate with us and attempt in good faith to resolve any dispute, controversy, or claim arising out of or relating to this Agreement or the construction, interpretation, performance, breach, termination, enforceability or validity thereof (a “Dispute”) promptly by negotiating with us to settle the Dispute. Should the Dispute not be resolved via negotiation, you agree to arbitrate any Disputes. ANY CLAIM MUST BE BROUGHT TO ARBITRATION WITHIN 365 CALENDAR DAYS (ONE YEAR) OF YOU KNOWING ABOUT OR SHOULD HAVE BEEN KNOWING ABOUT SUCH A CLAIM.
You agree to resolve any disputed issues via final and binding arbitration; except that the we may elect to pursue its rights to enforce a covenant against you that may only be obtained by the issuance of a restraining order, injunction or similar type of equitable relief. For this section, you and us may be collectively referred to as parties.
The parties agree that all disputed issues will be resolved by a single arbitrator who will determine and decide any dispute raised by the parties. If the parties cannot agree to the selection of a single arbitrator, then each party will designate a person who is otherwise qualified to serve as an arbitrator, and the selected persons will then select an independent arbitrator who will decide all disputed issues.
Each person who is selected to serve as an arbitrator must have had prior experience as a judge of a court of general jurisdiction or an appellate court. Any persons who will be selecting the single arbitrator must also be qualified as previously stated. Further, the arbitrator(s) and the persons selecting the single arbitrator will be impartial and will have no prior or present relationship with any of the parties.
The arbitration hearing and proceedings will take place in the State of Nevada and the arbitrator(s) will adopt rules that are consistent with the rules of the Nevada Rules of Civil Procedure and Eighth Judicial District Court Rules. The arbitrator(s) will be empowered to hear, conclusively determine, and resolve all claims and disputes between the parties.
The parties will bear their own attorney’s fees related to the arbitration, but the cost of arbitration, including any fees payable to the arbitrators, will be shared equally unless, in the opinion of the arbitrator(s), equity demands a different division of the costs of arbitration.
The arbitrator(s) will honor and respect the terms of these terms and conditions and construe and interpret its provisions with their plain meaning. The decision of the arbitrator(s) will be conclusive, binding upon all interested parties, and specifically enforceable in any court of competent jurisdiction.
The arbitrator(s) will prepare and serve a written decision that determines the dispute or controversy unless the parties stipulate otherwise. Findings of fact are not subject to appeal to any court; however, the arbitrator(s)’ determination of the law applicable to the case is subject to appeal to a circuit court for confirmation or reversal of the applicable law of the case. Further, notwithstanding the provisions of the Nevada Constitution which may empower a citizen of the Commonwealth to an automatic right of appeal, the parties have determined that as to the transactions contemplated by this instrument no further appeal of the district court’s decision of the law of the case will be appealable to any appellate court.
If the district court reverses the arbitrator(s)’ findings of the law applicable to the case, then the district court will be empowered to render a final decision based upon the already determined findings of fact and the corrected determination of the law. Subject to the above, no further appeal to the courts is permitted except to permit a party to seek court enforcement of the arbitration award rendered hereunder. Notwithstanding the above, any award which is based upon a “tort claim” maybe appealed to an appropriate court for independent judicial review by any party to the arbitration proceeding.
Severability. If any provision of these terms and conditions is deemed illegal, unenforceable, or otherwise non-binding, such a provision will be enforceable to the maximum extent under the applicable law and all other provisions of these terms and conditions shall remain binding.
Headings. All section or subsection titles or captions contained in these terms and conditions are for convenience only and will not be deemed part of the context of these terms and conditions.
Assignment and Waiver. You may not transfer any benefits, rights, responsibilities, obligations, or duties under these terms and conditions to any third party without our explicit, written consent, which may not be granted in our sole discretion. Due to the nature of the Services, you agree, affirm, and confirm that we may assign any and all of our benefits, rights, responsibilities, obligations, or duties to a third party without your consent. Should you assign any benefits, rights, responsibilities, obligations, or duties or otherwise violate these terms and conditions, no waiver is implied from our failure to exercise any remedies as stated in these terms and conditions. All waivers that we provide must be in writing.
Notice. All notices to us must be in writing and sent to the email and/or address as stated in these terms and conditions with any physical mailings to be certified, return receipt requested. You agree that we may communicate with you and provide notices to you via any accounts you may have related to the Services, via email, via phone, or via any other contact means that you provide to us.