Terms of Service
Effective Date: January 19, 2024
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONTAIN, AMONG OTHER THINGS, A MANDATORY INDIVIDUAL ARBITRATION AGREEMENT, WITH A JURY AND CLASS ACTION WAIVER, THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE COVERED DISPUTES, RATHER THAN JURY TRIALS OR COURT TRIALS AND AN EXCLUSION OF CERTAIN TYPES OF DAMAGES AND AN AGGREGATE LIMITATION ON LIABILITY, WHICH OPERATES AS A RELEASE AND WAIVER OF YOUR ABILITY TO RECOVER CERTAIN DAMAGES FROM NOMAD HEALTH, INC. OR ITS AFFILIATES.
Thank you for visiting www.nomadhealth.com or the Nomad mobile application owned and operated by Nomad Health, Inc. and its affiliates including, without limitation, Nomad Nurses, Inc. (collectively, “Nomad,” “we,” or “our”). By accessing or using www.nomadhealth.com or our mobile application, including, without limitation, any content, functionality, and services offered on or through www.nomadhealth.com and the mobile application (each, the “Site” and collectively the “Sites”) you agree to be legally bound by these terms and conditions, together with any materials and policies expressly incorporated into these Terms of Service by reference (collectively, the “Terms”), as applicable to you. All references to “user,” “users,” “you” and “your” under these Terms mean (i) a person who visits, accesses, or uses the Sites, (ii) any legal entity for which the representative is acting, and (iii) both, as the case may be, and includes both registered and unregistered users. If you use the Sites on behalf of a legal entity, you represent that you are a duly authorized representative with the authority to bind that legal entity to these Terms.
THE TERMS GOVERN THE PERMITTED AND PROHIBITED ACCESS TO AND USES OF THE SITES AND THE RESPECTIVE RIGHTS OF NOMAD AND THE USERS WITH REGARD TO THE SITES. YOU MAY ONLY ACCESS AND USE THE SITES IN ACCORDANCE WITH THE TERMS AND ALL APPLICABLE LAWS, RULES, AND REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ANY VIOLATION OF THE TERMS BY YOU, YOUR REPRESENTATIVES, AGENTS, EMPLOYEES, AND ANY OTHER PERSON WHO ACCESSES OR USES THE SITES, DIRECTLY OR INDIRECTLY, THROUGH YOU. THE PROVISIONS CONTAINED IN THESE TERMS SUPERSEDE ALL PREVIOUS NOTICES AND STATEMENTS REGARDING OUR TERMS.WE MAY MODIFY, SUSPEND, DISCONTINUE, OR RESTRICT ACCESS TO ALL OR ANY PORTION OF THE SITES AT ANY TIME, IN OUR SOLE DISCRETION, WITHOUT NOTICE TO YOU. WE MAY CHANGE THE TERMS AT ANY TIME BY POSTING REVISED TERMS ON THE SITES WITH A NEW EFFECTIVE DATE LISTED AT THE TOP. ALL MODIFICATIONS TO THE TERMS ARE EFFECTIVE IMMEDIATELY WHEN WE POST THEM. WE ENCOURAGE YOU TO REVIEW THE TERMS FREQUENTLY. YOU MUST NOT USE THE SITES IF YOU DO NOT AGREE TO THE VERSION OF TERMS POSTED AT THE TIME OF ACCESS.IF YOU CHOOSE TO ACCEPT EMPLOYMENT WITH NOMAD, WHETHER NOW OR IN THE FUTURE, THESE TERMS DO NOT SUPERSEDE OR OTHERWISE LIMIT THE TERMS OF ANY AGREEMENTS YOU MAY HAVE WITH NOMAD (INCLUDING ITS AFFILIATES) RELATED TO YOUR EMPLOYMENT AND YOUR USE OF THE SITES IN CONNECTION WITH YOUR EMPLOYMENT.by continuing to use the sites, you agree to be bound by these terms.
  1. User Age and Access
    By accessing or using the Sites, you represent and warrant that you are a United States resident of at least 18 years of age with the right and capacity to form a legally binding contract with the Nomad. If you do not meet all of these requirements, you must not access or use the Sites.
  2. Account Registration and Suspension
    Healthcare professionals, including allied health professionals (e.g., physical therapists) and nurses (collectively, “Professionals”) who wish to be considered for placement to provide professional healthcare services (“Professional Services”) to a client of Nomad’s (“Client”) must register an account through the Sites. Each Professional may create an account by (i) entering at least one of several identifiers, including, without limitation, first and last name; (ii) creating a profile or claiming and verifying the information in a pre-populated profile, where applicable; and (iii) creating a username and password. A Professional may suspend his or her account at any time using the account settings page or by contacting Nomad using the “Contact Us” link on the Sites, provided that Professional is not currently employed with Nomad and has no outstanding employment application or placement agreement with Nomad. Nomad may suspend Professional’s account at any time. If a Professional’s account is suspended, such account will no longer appear on the Sites as visible to the Professional or Clients, but such suspension will not terminate the Terms or any outstanding employment, employment application, or placement agreement. Professional hereby acknowledges that (i) Nomad is not collecting, exacting, charging or receiving a fee, in cash or in kind, from Professionals for procuring, or attempting to procure, or assisting to procure employment, work or a situation of any kind for Professional; (ii) Nomad may direct Professional to Clients that have requested that they be regularly introduced to healthcare professionals with qualifications like Professional’s and (iii) Nomad may promote Professionals to Clients, even if such Clients have not posted job listings for applicants similar to Professional.
  3. Relationship of Professional and Nomad
    Professional agrees that no joint venture, partnership, employment, or agency relationship exists between Nomad and Professional simply by virtue of Professional agreeing to abide by these Terms or by Professional’s use of the Sites.
  4. Conflicts
    If a Professional or other user becomes an employee of Nomad, other terms and conditions related to this employment relationship will apply. In the event of any conflict between these Terms and the terms and conditions of any written employment agreement, arbitration agreement, placement agreement, code of conduct, employee handbook, or other written terms relating to any employment relationship between Nomad and Professional (collectively, “Employment Agreement”), the terms of the Employment Agreement govern with regard to all matters related to the Professional’s employment and Professional’s use of the Sites in performance of the Professional’s employment-related duties.
  5. Limited Right to Access and Use the Sites
    The Sites are owned by Nomad and are protected by patent, trademark, copyright, trade secret, and other intellectual property or proprietary rights under United States and international laws. Except as otherwise provided in the Terms, you may not resell, trade, use, download, upload, copy, print, display, perform, reproduce, publish, modify, store, delete, add to, license, post, transmit, distribute, or create derivative works of the Sites, in whole or in part, for any public or commercial purpose.You are responsible for making all arrangements necessary for you to have access to the Sites. We grant you a personal, non-exclusive, non-transferable, limited, non-sublicensable, non-transferable, revocable right to access our Sites. We are not and will not be liable if, for any reason, all or any part of the Sites are unavailable at any time or for any period.You will treat your username, password, and any other piece of information as part of our security procedures, as confidential, and you must not disclose it to any other person or entity except authorized users who are your agents or employees for which you are held responsible for their activity. You acknowledge that your account is personal to you or your organization and agree not to provide any other person with access to these Sites or portions of it using your username, password, or other security information except authorized users. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our discretion, you have violated any provision of these Terms. You are solely responsible for all activity conducted using your username or password.
  6. Rules and Limits on the Sites
    We may impose rules for and limits on use of the Sites or restrict or terminate your access to part, or all, of the Sites without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
    1. Prohibited Uses. You may not use the Sites to engage in any unlawful activity or fraudulent purpose or to infringe on the rights of Nomad or others. The Sites may be accessed and used by you only for lawful purposes. You are responsible for your own communications including, without limitation, the upload, transmission, posting, submission, publication, or display (individually and collectively, “Post” or “Posting”) of information, and are responsible for the consequences of Posting on or through the Sites. You agree to use the Sites strictly in accordance with the Terms as applicable to you and you shall not:
      1. Use the Sites in any way that violates any applicable federal, state, local, or international law, rule, order or regulation including, without limitation, any laws regarding the export of data or software to and from the United States or other countries.
      2. Access or use the Sites in a way that would exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
      3. end, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards set out in Section 6(c) (Content Standards) of the Terms;
      4. Post any information that is incomplete, false, inaccurate or not your own;
      5. Impersonate another person, such as creating a fictional account for a person;
      6. Engage in or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation or that fails to comply with accepted Internet protocols or any applicable policies of Nomad made known to users;
      7. Transmit or transfer (by any means) information or software derived from the Sites to foreign countries or certain foreign nations in violation of United States export control laws;
      8. Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Sites in any way;
      9. Remove, alter, or obscure any proprietary notice of Nomad;
      10. Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including without limitation any "junk mail," "chain letter," "spam," or any other similar solicitation;
      11. Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Sites, or may harm Nomad or users of the Sites or expose them to liability, as determined in our sole discretion;
      12. Directly or indirectly interfere or attempt to interfere with the proper working of the Sites or take any action that imposes an unreasonable or disproportionately large load on our infrastructure or could disable, overburden, damage, or impair the Sites or interfere with any other user’s use of the Sites including, without limitation, any user’s ability to engage in real time activities through the Sites;
      13. Use any robot, spider, other automatic device, or manual process to access the Sites for any purpose, including, without limitation, to monitor or copy our web pages or process any of the content contained on the Sites; frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information including, without limitation, images, text, page layout, and forms; or use any metatags or any other “hidden text” utilizing any names, trademarks, service marks, or trade names of Nomad or any Nomad suppliers; or
      14. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
    2. Permitted Uses. You may:
      1. Temporarily store copies of Sites materials in RAM on your computer incidental to your accessing and viewing those materials;
      2. Store files that are automatically cached by your web browser for display enhancement purposes;
      3. Print or download one copy of a reasonable number of pages of the Sites for your own personal, non-commercial use only and not for further reproduction, publication, or distribution;
      4. Download a single copy of any desktop, mobile, or other applications we may choose to provide for download, provided such download is made to your computer or mobile device solely for your own personal, non-commercial use, and provided that you agree to be bound by our end user license agreement for such applications; and
      5. Take such actions as are enabled by any social media features we may provide with certain content.
    3. Content Standards.
      1. You grant Nomad a non-exclusive, sublicensable, transferable, worldwide, irrevocable, royalty-free right and license to use any content you Post on the Sites for any purpose (“User Content”), subject to the express provisions of these Terms. These content standards (“Content Standards”) apply to any and all User Content and use of the Sites. User Content must comply in its entirety with all applicable federal, state, local, and international laws, rules, orders, and regulations. Without limiting the foregoing, User Content must not:
        1. Contain any material that is offensive, abusive, harassing, unlawful, defamatory, obscene, indecent, violent, hateful, inflammatory, or is otherwise objectionable;
        2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or any other characteristic protected under applicable law;
        3. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity;
        4. Violate the legal rights (including, without limitation, the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws, rules, orders, or regulations or that otherwise may be in conflict with these Terms;
        5. Be likely to deceive any person;
        6. Promote any illegal activity, or advocate, promote, or assist any unlawful act;
        7. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
        8. Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
        9. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising;
        10. Give the impression that the User Content emanates from or is endorsed by us or any other person or entity, if this is not the case;
        11. Contain material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to Post it; or
        12. Contain material that reveals trade secrets unless you own them or have the permission of the owner to Post such material.
      2. The Sites may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to Post User Content or materials on or through the Sites. You represent and warrant that:
        1. You own or control all rights in and to the User Content and have the right to grant the license granted above to Nomad and Nomad’s service providers, and each of their and our respective licensees, successors, and assigns;
        2. All of your User Content does and will comply with these Terms; and
        3. You understand and acknowledge that you are solely responsible for any User Content you submit or contribute, and you, not us, have full responsibility for such User Content, including its legality, reliability, accuracy, and appropriateness; and that we are not responsible or liable to any third party for the content or accuracy of any User Content Posted by you or any other user of the Sites.
      3. We have the right to:
        1. Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion in accordance with applicable law, rules, orders, and regulations, which may included, without limitation, removing or refusing to allow a user to Post any User Content if we believe that such User Content violates the Terms in any way, which may include, without limitation, violating the Content Standards, infringing any intellectual property right or other right of any person or entity, threatening the personal safety of any users of the Sites or the public, or anything that could create liability for Nomad;
        2. Disclose your identity or other information about you to any third party who claims that material Posted by you violates their rights including, without limitation, their intellectual property rights or right to privacy;
        3. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites; and
        4. Terminate or suspend your access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms.
      4. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone Posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS NOMAD HEALTH, INC., ITS AFFILIATES, AND THEIR RESPECTIVE LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review material before it is Posted on the Sites and cannot ensure prompt removal of objectionable material after it has been Posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section 6 (Rules and Limits on the Sites).
    4. Security Rules. Violations of system or network security may result in civil or criminal liability. Nomad will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Sites, including, without limitation, the following:
      1. Attempting to interfere in any way with the Sites’ or Nomad’s networks or network security or attempting to use the Sites’ service to gain unauthorized access to any other computer system including, without limitation, attacking the Sites via a denial-of-service attack or a distributed denial-of-service attack;
      2. Accessing data not intended for you or logging into a server or account that you are not authorized to access;
      3. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
      4. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Sites, overloading, “flooding,” “mailbombing,” or “crashing,” or sending unsolicited e-mail, including promotions and/or advertising of products or services;
      5. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
      6. Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
    5. Termination. You acknowledge that we may terminate your access to the Sites for any reason. If you fail to comply with these Terms, as determined by Nomad, then these Terms and any rights afforded to you under shall terminate automatically, without any notice or other action by us. Upon the termination of these Terms, you shall cease all use of Sites and remove any residual components of the Sites.
  7. Privacy Policy
    Nomad’s privacy policy (“Privacy Policy” made available here) applies to use of the Sites, and its terms are incorporated by reference into these Terms. All information we collect on the Sites is subject to our Privacy Policy. By using the Sites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
  8. Push Notifications
    If you download Nomad’s mobile application on your mobile device (“App”), you may receive push notifications sent to you outside or inside the App which may include alerts, badges, banners and sounds (“Push Notifications“). If you agree to allow Push Notifications, then the App will generate Push Notifications on your mobile device. You may control the Push Notifications in your device’s settings. Some of the Push Notifications may be related to your location. Your mobile carrier may charge standard data and other fees for use of Push Notifications, and these fees may appear on your mobile bill or be deducted from your pre-paid balance. Your mobile carrier may prohibit or restrict certain Push Notifications and certain Push Notifications may be incompatible with your carrier or mobile device. Contact your mobile carrier with questions regarding these issues. You may discontinue Push Notifications in your mobile device’s settings or by deleting the App. We may collect information related to your use of Push Notifications.
  9. Health Insurance Portability and Accountability Act
    Nomad and users acknowledge that the performance of Nomad’s obligations under the Terms do not involve the use or disclosure of protected health information (“PHI”). Nomad shall not receive PHI from any user, nor create, receive, maintain or transmit PHI on any Client’s behalf in connection with any use of the Sites. Consequently, Nomad and each user hereby agree that Nomad is not a “business associate” of any user for purposes of these Terms, as defined in 45 C.F.R. §160.103 for purposes of the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 and the regulations promulgated thereunder.
  10. Access and Use of the Sites Outside the United States
    We control and operate the Sites from our offices in the United States. We make no claims that the Sites are accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States you do so at your own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
  11. Proprietary Rights
    1. Generally. As between you and Nomad, Nomad (or the respective company) is the owner or authorized user of any trademark, registered trademark and service mark appearing on the Sites. Except as otherwise provided in these Terms, use of the Sites does not grant you a license to any content, features, or materials you may access on the Sites. If you make use of the Sites, other than as provided in these Terms, you may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, copyrightable material or intellectual property by including them on the Sites. The Nomad logos and service names are trademarks of Nomad (“Nomad Marks”). You agree not to display or use the Nomad Marks in any manner without Nomad’s prior written permission for such use and at all times in accordance with any guidelines provided or made available related to such use of Nomad Marks. Nothing on the Sites should be construed to grant, by implication, estoppel, or otherwise, any license or right to use any Nomad Marks without the prior written consent of Nomad.
    2. Policy for Making Claims of Copyright Infringement. If you believe that any content has been Posted on the Sites in a manner that constitutes copyright infringement, please notify Nomad by providing us with the written information specified below:
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered on the Sites by a single notification, a representative list of such works on the Sites;
      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Nomad to locate the material;
      4. Information reasonably sufficient to permit Nomad to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
      5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  12. Third Party Links from the Site
    If the Sites contain links to other sites and resources provided by third parties (“Linked Sites”) these links are provided for your convenience only. Linked Sites are not reviewed, controlled or examined by Nomad in any way and Nomad is not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites or any additional links contained in such Linked Sites. These links do not imply Nomad’s endorsement of, or association with, the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites. In no event shall Nomad be liable, directly or indirectly, to anyone for any loss or damage arising from the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to such Linked Site’s administrator or webmaster. Nomad reserves the exclusive right, at its sole discretion, to add, change, decline, or remove, without notice, any feature or link to any of the Linked Sites from the Sites and/or to introduce different features and/or links to different users.
  13. Indemnity
    You hereby agree to defend, indemnify, release and hold harmless Nomad Health, Inc., its affiliates, and its and their respective directors, officers, employees, agents, suppliers, and representatives from any and all claims, liabilities, damages, costs and expenses, including, without limitation, attorneys’ fees, in any way arising from, related to or in connection with: (a) your use or misuse of the Sites, (b) your violation of the Terms; and (c) the Posting or other transmission of any materials on or through the Sites by you, including, without limitation, any third party claim that any information or materials you provide infringes any third party proprietary or intellectual property right.
  14. DISCLAIMER OF WARRANTIES REGARDING SITES
    YOU UNDERSTAND AND AGREE THAT: THE SITES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONALITY AND MATERIALS, ARE PROVIDED “AS IS,” AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOMAD AND ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, SUBPROCESSORS, SUPPLIERS, AND REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, AVAILABILITY, USEFULNESS OR CONTENT OF INFORMATION, AND ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOMAD DOES NOT WARRANT THAT THE SITES OR THE FUNCTIONALITY, CONTENT OR MATERIALS MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NOMAD MAKES NO WARRANTY THAT THE SITES WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITES SHALL CREATE ANY WARRANTY. ANY MATERIAL ACCESSED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK. NOMAD DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITES. NOMAD IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES THAT IS WITHOUT THE DIRECT INVOLVEMENT OF NOMAD. NO FEDERAL AGENCY OR OTHER GOVERNMENTAL AUTHORITY HAS JUDGED THE MERITS OR VALUE, IF ANY, OF THE INFORMATION PROVIDED ON THE SITES.IF YOU ARE DISSATISFIED WITH THE OPERATION OF THE Sites, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Sites.
  15. LIMITATION OF LIABILITY
    READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO YOU.IN NO EVENT SHALL NOMAD HEALTH, INC., ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, SUPPLIERS, OR REPRESENTATIVES BE LIABLE FOR ANY LOSS, EXPENSE, OR DAMAGE INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF BUSINESS OR COST OF COVER OF ANY KIND ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THESE TERMS, THE SITES, OR THE USE OF, OR THE INABILITY TO USE, THE SITES OR THE CONTENT, MATERIALS AND FUNCTIONALITY. THESE EXCLUSIONS OF DAMAGES AND LIMITATIONS ON LIABILITY APPLY TO ALL CLAIMS, OBLIGATIONS, AND LIABILITIES, HOWEVER SUCH DAMAGES ARISE, WHETHER IN CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), STATUTE, OR ANY OTHER LEGAL THEORY, UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW, IN WHICH CASE OUR LIABILITY WITH RESPECT TO THESE TERMS OF USE SHALL NOT EXCEED $100.00. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
  16. Linking to the Sites and Social Media Features
    1. Acceptable Links. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
    2. Possible Feature Availability. The Sites may provide certain social media features that enable you to:
      1. Link from your own or certain third-party websites to certain content on the Sites;
      2. Send emails or other communications with certain content, or links to certain content, on the Sites; and or
      3. Cause limited portions of content on the Sites to be displayed or appear to be displayed on your own or certain third-party websites.
      You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
    3. Restrictions. Subject to the foregoing, you must not:
      1. Establish a link from any website that is not owned or managed by you;
      2. Cause the Sites or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
      3. Link to any part of the Sites other than the homepage; or
      4. Otherwise take any action with respect to the materials on the Sites that is inconsistent with any other provision of these Terms.
    4. Compliance. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links that breaches the Terms per Nomad’s discretion.
  17. Severability
    If any provision of these Terms is held to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms shall continue in full force and effect.
  18. Waiver
    Any waiver of any provision of the Terms will be effective only if made in writing and signed by a duly authorized representative of Nomad. Any waiver of any provision of these Terms shall not be held to be a waiver of any other provision or any subsequent application of the same provision unless explicitly agreed to by Nomad in such signed written waiver.
  19. Agreement to Arbitrate Disputes; Jury and Class Action Waiver
    Any controversy or claim arising out of or relating to your use of the Sites (including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers) shall be settled by arbitration administered by arbitration through the American Arbitration Association (“AAA”) and their Commercial Arbitration Rules and Mediation Procedures (available at https://www.adr.org/Rules) (“AAA Rules”) and conducted in New York, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You consent to jurisdiction of the state courts located in New York County, New York or federal courts located in the Southern District of New York for enforcement of this arbitration provision.Our customer service department can resolve most customer concerns quickly and to the user's satisfaction. Please contact us using the “Contact Us” link on the Site. Before either of us can begin an arbitration, we must each notify each other about the claim in writing (“Notice”) and try to resolve the dispute informally within 30 days. Notice of arbitration must be sent to Nomad at legalnotices@nomadhealth.com. If you have a claim, you must send us a letter in which you (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). In the unlikely event that you are not satisfied with customer service's solution (or if we have not been able to resolve a dispute after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Unless expressly limited by this provision, arbitrators can award the same damages and relief that a court can award. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. In arbitration you are entitled to recover attorneys' fees from us to at least the same extent as you would be in court. Notwithstanding the foregoing, either party may bring an action in small claims court seeking only individualized relief, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies.If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If you reside outside of the United States, and to the extent that applicable local law prevents certain disputes from being arbitrated in accordance with this Agreement to Arbitrate Disputes provision of the Terms, then you can file those disputes in your local courts. Likewise, if you reside outside of the United States, and applicable local law prevents your local court from applying State of New York law to resolve these disputes, then these disputes will be governed by the applicable local laws of your country, or other place of residence.
  20. Limitation on Time to Bring Claims
    Unless prohibited by applicable law, any claim or cause of action you may have arising out of or relating to these Terms must be commenced within one (1) year after the claim or cause of action accrues; otherwise, such cause of action or claim is permanently barred.
  21. Governing Law and Venue
    The laws of the State of New York, U.S.A., regardless of conflict of laws principles and regardless of where the user is based, govern all matters arising out of or relating to the Terms, including the interpretation, construction, performance, and enforcement thereof, except that the Federal Arbitration Act governs provisions related to arbitration. Except as provided in Section 19 (Agreement to Arbitrate Disputes; Jury and Class Action Waiver), you consent to the exclusive jurisdiction and venue of the state courts located in New York County, New York and the federal courts in the Southern District of New York.
  22. Successors and Assigns; No Assignment
    These Terms shall be binding upon, and shall inure to the benefit of, Nomad and the users and their respective heirs, legal representatives, successors and assigns. These Terms, and any rights and licenses granted under these Terms, may not be transferred or assigned by you. Any assignment attempted to be made in violation of these Terms shall be void.
  23. Headings
    The subject headings of the sections of these Terms are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions.
  24. Relationship
    You agree that no joint venture, partnership, employment, or agency relationship exists between Nomad and you as a result of these Terms or your use of the Sites. Furthermore, Nomad does not guarantee that you will receive any employment or job offers through the Sites.
  25. Notice of Changes to the Terms
    The Sites may provide notices of changes to these Terms or other matters by displaying notices or links to notices to users on the Sites. Additional notices to registered users may be made via either email or regular mail.
  26. Entire Agreement
    The Terms (which include, without limitation, our Privacy Policy) constitute the sole and entire agreement between you and Nomad regarding the Sites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Sites.
  27. Contacting Nomad
    To contact us with any questions or concerns in connection with these Terms or the Sites, or to provide any notice under these Terms to Nomad, please click the “Contact Us” link on the Sites. To deliver a Notice of arbitration under Section 19 (Agreement to Arbitrate Disputes; Jury and Class Action Waiver), email legalnotices@nomadhealth.com.