Last modified: February 6, 2020
BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
These Terms and Conditions ("Agreement") govern the use of the services ("Service") that are made available by Coastal Care Nursing Associates, Inc. ("Coastal Care", "CCN", "we" or "us") or an affiliate thereto on the online website portal hosted at https://nurse.mycoastalcare.com/login.php ("Portal"). These Terms and Conditions represent the whole agreement and understanding between Coastal Care and the individual or entity who creates and/or operates an account to access services provided ("User", "you", or “your”). Coastal Care may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Users upon posting of the modified Agreement to this web address (URL): https://nurse.mycoastalcare.com/login.php. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.
Coastal Care offers users the ability to create an account, reset password, and login to that account in order to access features required for registration at Coastal Care as an Associate. Users may submit an application for registration and may upload files intended to serve as documents or credentials as required for registration. All information provided by user is freely given and not coerced in any way. Submission of an application or uploaded files do not serve as a guarantee of registration.
Coastal Care provides Users with a non-exclusive, non-transferable, limited license to use the Portal. The Portal is developed and owned by Coastal Care, and any reproduction, modification, creation of derivative works from, or redistribution of the Portal is expressly prohibited. The Portal, its structure, sequence, organization, user information and source code are considered trade secrets of Coastal Care and are protected by trade secret laws. User is entirely responsible for all User Content uploaded, posted, emailed, or otherwise transmitted via the Portal. Coastal Care will not assist any Users with any reproduction, recovery, or distribution of any User Content. Upon service cancellation or termination for any reason, access to the Portal, including all User Content, third party content, and user information uploaded, posted, emailed, or otherwise transmitted via the Portal, will be removed by Coastal Care. Coastal Care makes no representations or warranties, either expressed or implied, with respect to the images offered through the Portal (the "Images"). In the event of a dispute regarding any Image or User Content obtained via the Portal, you hereby release Coastal Care, its officers, directors, owners, agents, and employees from claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connection with such disputes. Coastal Care is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between you and any third party.
5. Trade Secret/Non-Disclosure
User is aware that the Portal and Coastal Care business consists of highly confidential information, including, but not limited to, customer information, associate information, customer lists, sales information, price lists, processes, procedures, technologies, and technical and development plans, which are trade secrets of considerable and unique value to the customers and the business of Coastal Care.
User acknowledges the disclosure to others of the trade secrets and other confidential information of Coastal Care, including, but not limited to customer contracts, customer lists, price lists, processes, marketing proposals, marketing concepts and procedures would result in irreparable damage to the business and customer relations of Coastal Care.
The User acknowledges that it will have access to and become acquainted with Confidential Information which is regularly used or contemplated to be used in Coastal Care’s Business. The User hereby acknowledges that all information regarding Coastal Care’s Business and its affiliated and subsidiary corporations, available on the Portal or compiled or obtained by, or furnished to, either, while this Agreement is in full force and effect, is Confidential Information and is the exclusive property of Coastal Care. The information on this Portal is protected by copyright. Except as specifically permitted, no portion of this Portal may be distributed or reproduced by any means, or in any form, without Coastal Care prior written permission.
The User will not, directly or indirectly, either disclose any Document or Confidential Information, except as approved, in writing, by Coastal Care, or use any Document or Confidential Information for the benefit or profit of User or for the benefit of any other person, firm, corporation, limited liability company, partnership, proprietorship, association or other business entity, or at any time. All Documents of any kind relating to the Business of Coastal Care which come into the possession of the User shall remain the sole property of Coastal Care and may only be used by the User to evaluate the possibility of, and/or perform under, future agreements entered into by the Parties for the mutual benefit of the Parties. The User will return all such Documents, and all copies, to Coastal Care upon the termination, for any reason, of communications with, or upon demand of Coastal Care. Coastal Care and the User further agree that the covenants set forth herein with respect to Confidential Information and Documents shall continue in full force and effect notwithstanding the termination of any other provision of this Agreement.
Coastal Care and User expressly agree and understand that the remedy at law for any breach of the provisions of this Agreement by the User will be inadequate and that the damages flowing from any such breach may not be readily susceptible to being measured in monetary terms. Accordingly, Coastal Care and User acknowledge that upon adequate proof of a violation by the User of any of the provisions of this Agreement, Coastal Care shall be entitled to a temporary restraining order and/or preliminary injunction against any threatened or future breach hereof. Any such breach shall toll the running of the time period from the date of such breach, until such breach shall cease. The User expressly acknowledges that User has carefully considered the nature and extent of the restrictions and the rights and remedies of Coastal Care under this Agreement. User may be liable for any direct, indirect, consequential or other damages arising from his/her violation of this Agreement. User expressly acknowledges and agrees that the restrictions are reasonable and are fully required to protect the legitimate interests of Coastal Care.
Coastal Care’s email service provides Users with information regarding their Portal web account and information pertaining to registration at Coastal Care. Coastal Care retains the right, at our sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our email services to other Users and to protect our computer systems. Coastal Care retains the right, at our sole discretion, to email you any information regarding to or related to registration at Coastal Care. As an owner and operator of the equipment and other resources utilized to provide services, Coastal Care has the legal right to block electronic communications from other entities on the Internet. Coastal Care relies on the income produced by Associates to help offset the cost of the Services offered to its Users. You acknowledge that as part of your Coastal Care Nursing Service, advertisement-sponsored email newsletters may be sent to User’s email accounts.
7. Definition of Unlimited Usage
What "Unlimited" means: Coastal Care does not set an arbitrary limit on the amount of resources an account can use. What "Unlimited" DOES NOT mean: The accounts are not intended to be accessed one hundred percent of the time. There may be times in which Services are not available to any or all Users. Coastal Care’s "Unlimited" services are provisioned in a shared hosting environment. Any account found to be adversely affecting the performance of other User accounts by excessively using network bandwidth, server storage, memory or CPU resources, may be flagged by Coastal Care administrators and anti-abuse controls. These Users may then be asked to reduce usage of services. Serious offenses will result in the account service suspension or termination, with or without notice.
Coastal Care may terminate your Service under the following circumstances (non-exclusive list) for any reason at its sole discretion.
9. User Responsibility
When you apply to use Coastal Care services, you will be asked to provide your email address as a User ID and you will also be asked to provide a Password. The User ID and Password are the means through which you access certain services. You acknowledge and agree that it is your responsibility to safeguard the User ID and Password you select from any unauthorized use. IN NO EVENT WILL Coastal Care BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR User ID OR Password. Users are responsible for maintaining accurate account information at all times, including personal and contact information. This information can be updated in your account in the portal.
10. Prohibited Conduct
Coastal Care does not allow the use of unsolicited commercial email or other communications ("Spam") to promote products or services. Any User engaging in the sending of Spam through the Coastal Care network or promoting information on websites hosted by Coastal Care will be considered in breach of this Agreement and may be suspended from the Service at any time. Your use of the Service must be in compliance with US laws, and the laws of your country at all times. You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU, or bandwidth capacity. The following is a non-exclusive list of content, and behavior prohibited by the Service: Content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language. Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not. Content that has been promoted through the sending of Spam or mail fraud schemes, or pages that promote or condone the sending of Spam. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services, or of bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a Coastal Care account will result in immediate account suspension. Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material. Content or otherwise that exploits children under 18 years of age. Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received. Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party. Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities. Content that posts or discloses any personally identifying information or private information about any third parties without their express consent. Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Coastal Care service, solution, or technology. Reverse engineering, reverse compiling, or otherwise deriving the underlying source code or structure or sequence of individual passwording of User Sites (or pages contained therein).
You agree that, unless other instructions are posted on Coastal Care’s website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for Coastal Care posted on the Coastal Care website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
13. Reservation of Rights
Coastal Care reserves the right and sole discretion to: Censor any website hosted on its servers that is deemed inappropriate. Review any account for excessive space or bandwidth utilization and to suspend service to those accounts that have exceeded allowed levels. Terminate any account for any reasonable reason. Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar destructive activities, activities whether lawful or unlawful that Coastal Care determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement. Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves. You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.
14. Limitation of Liability
The Service is provided on an "as is" and "as available" basis and the use of the Service is at your own risk. Coastal Care makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. Coastal Care is not responsible for any damages, injury, or economic loss arising from the use of the content or Service provided by Coastal Care. In no event will Coastal Care be liable to you for any direct, indirect, incidental, or consequential damages or economic loss arising out of the Service or in connection with account or any other services or products provided to you. Coastal Care, its officers, directors, owners, agents, and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website. In no event shall Coastal Care be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content provided by the user, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
You agree to indemnify and hold Coastal Care, its affiliates, sponsors, partners, directors, officers, and employees harmless from and against, and to reimburse Coastal Care with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs, and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of this Agreement or use by you or any third party of the Services.
16. Unenforceable Provisions
If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.
17. Governing Law
The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of the United States of America and the state laws of Florida. You may be subject to other local, provincial, or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the United States of America for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business, or have assets.
18. Age of Majority
Coastal Care does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.
No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
20. Partial Agreement
This Agreement, as may be updated from time to time and posted at https://nurse.mycoastalcare.com/authentication/terms-conditions.php, represents only a partial agreement between the parties. Any conflict between this Agreement and a written signed registration agreement, facility contract, or similar Agreement shall be resolved in favor of the other Agreement between the Parties.