HOLLIBLU Terms of Use

Welcome to the HOLLIBLU, Inc. website (“Site”) and mobile application (“App”). These Terms of Use (collectively “Terms”) sets forth the agreement between HOLLIBLU, Inc. (together with its successor in interest, parent, subsidiaries and other affiliated companies, collectively, “HOLLIBLU” or “we”) and each user (“you” or “user”) governing the use by you of the services through the Site and/or the App (collectively, “Services”). Please read these Terms carefully before using the Services. 

By using the Site or App, accessing or signing up for the HOLLIBLU, Inc. Membership (“Membership”), selecting “I Accept” during the Membership registration, or otherwise use the Services, you agree to be bound by these you represent that you have read, understand and agree to be bound by these additional terms and conditions Terms. If you do not agree to the terms and conditions contained herein, you may not access or otherwise use the Services.

These Terms may change from time to time. We will notify you of any material changes to these Terms by posting a notice on the homepage of the App and Site for a reasonable period of time after such changes are made, email you notice of such changes to the email address on file through your registration and by changing the “Last Updated” date at the top of this webpage. We encourage you to check this page periodically for any changes. Your continued use of the Services following the posting of changes to these Terms will mean you accept those changes.

In addition, when using particular services or features, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into these Terms.

 

ELIGIBILITY:

You must be at least eighteen (18) years of age or to use our Services. By using the Services, you represent and warrant that you have the legal capacity to form a binding contract with HOLLIBLU and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services. If you use the Services on behalf of another person or entity, (i) all references to “you” throughout these Terms will include that person or entity, (ii) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (iii) in the event you or the person or entity violates these Terms, the person or entity agrees to be liable to us.

 

OWNERSHIP; LICENSE:

Ownership; Limited License. The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by HOLLIBLU or our licensors and are protected under both United States and foreign laws (including without limitation copyright, patent, trademark, trade dress, trade secret, database, or other proprietary or industrial property rights laws). Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services, the Site, and the App, as applicable. Any use of the Services, Site, or App other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

HOLLIBLU’s Modification Rights. HOLLIBLU is committed to ensuring that the App, Site, and Services are as useful and efficient as possible. For that reason, we reserve the right to make changes to the App, Site, or Services, including its core functionality, at any time and for any reason, without prior notice to you.

 

YOUR MATERIALS:

License. As part of the Services, we may, in our sole discretion, permit users to post, upload, publish, submit or transmit certain content, including messages, text, photos, videos, documents and other materials (collectively, “User Materials”). We may also post a photograph, logo, or other trademarked or copyrighted materials of you found among User Materials (“User Image”). By making available any of User Materials on or through the Services or if we make available User Image on or through the Services, you (i) hereby grant to HOLLIBLU a perpetual and irrevocable (except if you terminate your Account), nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display User Material and any name, username or likeness provided in connection with User Image in all media formats and channels now known or later developed without compensation to you, and (ii) waive and agree not to enforce any and all moral rights that you may have in and to User Materials and User Image with respect to these uses. Depending on your Account settings, when you post or otherwise share UserMaterials on or through our Services, you understand that UserMaterials and any associated information (such as your username or profile photo) may be visible to others. HOLLIBLUdoes not claim any ownership rights in any of User Materials,and nothing in this Agreement will restrict any rights that you may have to use and exploit any of User Materials. If you do not want to grant us permission to use certain materials, in accordance with these Terms, please do not post, upload, publish, submit or transmit through the Site or App such materials. Except for the license you granted above, as between you and HOLLIBLU, you retain all rights in and to UserMaterials.

Representations. You acknowledge and agree that you are solely responsible for all of User Materials that you make available through the Services. You represent and warrant that: (i) you either are the sole and exclusive owner of all of User Materials that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to HOLLIBLU the rights in User Materials, as contemplated under these Terms; and (ii) neither User Materials nor your posting, uploading, publication, submission or transmittal of User Materials or HOLLIBLU’s of User Materials or User Image (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate any patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

THIRD-PARTY TOOLS AND CONTENTS:

We may provide you with access to or information about third-party products, tools, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We neither monitor nor have any control nor inputover such Third-Party Content. You acknowledge and agree that we provide access to such tools, “as is” and “as available”without any warranties, representations or conditions of any kind and without any endorsement. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. We shall have no liability whatsoever arising from or relating to your use of the Third-Party Content. Any such use is entirely at your own risk and discretion, and you should understand and consent to the terms on which such Third-Party Content is provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the App or Site (including, the release of new Third-Party Content). Such new Third-Party Content shall also be subject to these Terms.

 

ACCEPTABLE USE:

You are responsible for your use of the Services, and for any use of the Services made using your Account. Our goal is to create a positive experience in connection with our Services by keeping our community a safe, trusted and professional place where we can support each other and our broader healthcare community.To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Services, you agree not to:

(a) violate this Agreement or any HOLLIBLU rules regarding use of the Services;

(b) violate any law or regulation;

(c) breach any agreements you enter into with any third parties;

(d) violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;

(e) engage in any behavior that is abusive, harassing, indecent, profane, obscene, hateful or otherwise objectionable, including sexual misconduct;

(f) stalk, harass, or harm another individual;

(g) for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services or in connection with HOLLIBLU;

(h) impersonate any person or entity or perform any other similar fraudulent activity;

(i) harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Services, including e-mail addresses, without the express consent of such users or alter transmission data;

(j) collect, distribute or gather personal or aggregate information, including Internet, e-mail or other electronic addresses, about other users;

(k) use any means to scrape or crawl any web pages or content contained in the Site or App (although HOLLIBLUmay allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, and HOLLIBLU reserves the right to revoke these exceptions either generally or in specific cases);

(l) post or release any personal health information of any patient on the Site or in the App that would be viewable by any party, specifically in the “admin only” field when posting information for a particular assignment;

Monitor the Services’ availability, performance or functionality for any competitive purpose; (m) attempt to circumvent any technological measure implemented by HOLLIBLU or any of HOLLIBLU’s providers or any other third party (including another user) to protect the Site or App; to the extent permitted by applicable law, attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site or App; or

(n) advocate, encourage, or assist any third party in doing any of the foregoing.

A violation of these terms may result in us taking enforcement actions. For example, we may limit the visibility of certain content, remove content from our Site or App, or even restrict your Account in the event of severe or repeated offenses. If you believe action taken on your content or your Account was in error, you can submit a request to appeal your case by contact@holliblu.com

In addition, when you use the Services, we encourage you to:

(i) Act responsibly. If you see something that you believe may violate our policies, we encourage you to report it to us by contact@holliblu.com. This includes whether it appears in profiles, posts, comments, conversations, or anywhere else. These reports help us identify and prevent abuse and misbehavior. Please use the reporting tools responsibly and only for their intended purposes. 

(ii) Be professional. We acknowledge the value of discussions around professional activities, and we ask youto behave professionally and use the Services in a professional manner to help all users be more productive and successful and are free of inappropriate and unwanted content or behavior. When creating content, we ask that you keep it professional, relevant, truthful, and on-topic.

(iii) Be safe. We strive to maintain a civil and friendly community for our users. The Services should not be used to harm others or their careers or business prospects or to air personal grievances and disputes. It is not okay to harass, abuse, or send other unwelcome communications to people (e.g., romantic advances, sexually explicit content, junk mail, spam, chain letters, phishing schemes). We do not allow hate speech, hate groups, terrorists, or those who engage in violent crimes on the Services.

(iv) Respect others’ rights and follow the law. Before sharing or using someone else’s copyrighted works, trademarks, private information, or trade secrets, make sure you have the legal right to do so.

(v) Exercise common sense and good judgment. This applies when using our Services and interacting with other users, both through the Services and in any offline arrangements or settings.

 

INDEMNIFICATION:

You agree to indemnify, defend and hold harmless HOLLIBLUand our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim, actions, demands, liabilities and settlements, including but not limited to, reasonable attorneys’ fees costs, and accounting fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, your negligence, or your violation of any law or the rights of a third-party. 

 

WARRANTY DISCLAIMER; RELEASE; LIMITATIONS OF LIABILITY:

WARRANTY DISCLAIMER.

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”BASIS. HOLLIBLU EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. YOU ACKNOWLEDGE AND AGREE THAT HOLLIBLU DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IS STRICTLY A TECHNOLOGY PLATFORM AND INFRASTRUCTURE FOR CONNECTING NURSES AND HEALTHCARE PROVIDER COMPANIES. 

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT ANY ASPECT OF THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR APP AND SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY PRODUCTS OR SERVICES LINKED TO THEM.

HOLLIBLU DOES NOT CONDUCT OR REQUIRE BACKGROUND CHECKS ON USERS. HOLLIBLU DOES NOT ATTEMPT TO VERIFY MAKES NO GUARANTEES AS TO THE TRUTH OR ACCURACY OF, AND IS NOT LIABLE FOR, ANY ACCOUNT INFORMATION, STATEMENT OR OTHER USER MATERIALS POSTED BY OTHER USERS, NOR ANY USERS’ INTERACTIONS WITH YOU. THIS INCLUDES, BUT IS NOT LIMITED, RESUME INFORMATION OR ASSIGNMENT INFORMATION. HEALTHCARE PROVIDER USERS SHOULD NOT RELY SOLELY ON INFORMATION PROVIDED THROUGH THE APP OR SITE BUT SHOULD INDEPENDENTLY VERIFY THE QUALIFICATIONS OF EACH NURSE USER PRIOR TO THE HIRING OF THAT NURSE USER. NURSE USERS SHOULD ALSO VERIFY THE ACCURACY OF ANY HEALTHCARE PROVIDER ASSIGNMENT POSTED ON THE APP OR SITE. FURTHERMORE, HOLLIBLU MAKES NO GUARANTEES AS TO THE QUALITY OF WORK OF ANY NURSE USER, OR THAT ANY NURSE USER WILL ACTUALLY GARNER EMPLOYMENT OR CONTRACT WORK.

TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

RELEASE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE HOLLIBLU FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS AND/OR DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN (INCLUDING, BUT NOT LIMITED TO, CLAIMS OF NEGLIGENCE), ARISING OUT OF OR RELATED TO DISPUTES BETWEEN USERS AND THE ACTS OR OMISSIONS OF THIRD PARTIES. IF YOU ARE A CONSUMER WHO RESIDES IN CALIFORNIA, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE § 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

LIMITATION ON LIABILITY. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW:

IN NO EVENT WILL HOLLIBLU OR ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. 

THE TOTAL LIABILITY OF HOLLIBLU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF TEN DOLLARS ($10) AND THE AMOUNT PAID BY YOU TO USE OUR SERVICES.THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF HOLLIBLU OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

USE OUTSIDE THE US:

Although the App may be accessible worldwide, we make no representation that the App, Site, or Services are available, legal, or appropriate or for use outside the United States. If you access the App, Site, or Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

ARBITRATION:

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with HOLLIBLUand limits the manner in which you can seek relief from HOLLIBLU, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial. 

No Representative Actions. You and HOLLIBLU agree that (i) any dispute arising out of or related to these Terms or our Services is personal to you and HOLLIBLU, and (ii) any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

Arbitration of Disputes. 

Except for small claims disputes in which you or HOLLIBLU seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or HOLLIBLU seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and HOLLIBLU waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against HOLLIBLU or relating in any way to the Services, you agree to first contact HOLLIBLU and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to HOLLIBLU by email at contact@holliblu.com or by certified mail addressed to the address listed under the “Contact Information” section above. The Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the claim; and (iii) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and HOLLIBLUcannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Los Angeles, California or may be conducted telephonically or via video conference for disputes alleging damages less than one thousand dollars ($1,000), in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules is available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason. 

You and HOLLIBLU agree that these Terms affect interstate commerce and that the enforceability of this “Arbitration” Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. 

The arbitrator, HOLLIBLU, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

You and HOLLIBLU agree that for any arbitration you initiate, you will pay the filing fee and HOLLIBLU will pay the remaining JAMS fees and costs. For any arbitration initiated by HOLLIBLU, HOLLIBLU will pay all JAMS fees and costs. You and HOLLIBLU agree that the state or federal courts of the State of California and the United States sitting in Los Angeles County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. 

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and HOLLIBLU will not have the right to assert the claim. 

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the Terms by contacting us via email at contact@holliblu.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with the “Jurisdiction and Venue” section under the heading “Provisions Applicable to Healthcare Provider Users”.

If any portion of this “Arbitration” Section is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from these Terms; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this “Arbitration” Section or the parties’ability to compel arbitration of any remaining claims on an individual basis pursuant to this “Arbitration” Section; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this “Arbitration” Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this “Arbitration” Section will be enforceable. 

If you are domiciled or reside in European Union (EU), European Economic Area (EEA) or Switzerland and if the provision requiring Arbitration proceedings be held in Los Angeles, California is unenforceable or unlawful under applicable local laws, then you and HOLLIBLU agree that claims and disputes can be resolved by arbitration via telephonic or video conference or, if unlawful under applicable local laws, in Dublin, Ireland.

ATTORNEY FEES: 

In the event that any dispute between you and us should result in litigation or arbitration, the prevailing party in such dispute shall be entitled to recover from the other party all reasonable fees, costs and expenses of enforcing any right of the prevailing party, including without limitation, reasonable attorneys’ fees and expenses. In addition to the foregoing award of attorneys’ fees, the prevailing party shall be entitled to its attorneys’ fees incurred in any post judgment proceedings to enforce any such judgment.

MISCELLANEOUS:  

Entire terms. These Terms and all documents incorporated by reference constitute the entire agreement and understanding between you and us, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Our waiver of any breach or default shall not constitute a waiver of any other or succeeding breach or default.  

Severability. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Assignment. These Terms may not be transferred, assigned or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. You agree that communications and transactions between us may be conducted electronically. 

Governing law. These Terms and any separate agreements whereby we provide you services shall be governed by the laws of the State of California. The parties agree exclusive jurisdiction shall be in Los Angeles County, California for any and all issues arising out of the Terms or any related documents or transactions.

Contact information:

HOLLIBLU, Inc.

16350 Ventura Blvd, Suite D179

Encino, CA 91436

contact@holliblu.com

PROVISIONS APPLICABLE TO HEALTHCARE PROVIDER USERS

The following provisions of the Terms apply only to healthcare provider users: 

 

ELIGIBILITY:

To access certain Services available to healthcare providers, you are required to create a health provider account (“Account”). Only one Account is available to a hospital, home health agency,hospice or pharmacy (each, an “HCP Entity”) with a valid National Provider Identifier Number. If you are an HCP Entity that does not have a National Provider Identifier Number, you cannot create an Account. You may not transfer your Account to or share your Account password with anyone. 

 

ACCOUNTS:

Registration. To create an Account, you must enter your HCP Entity’s name and address, email address, phone number, National Provider Identifier Number, business hours, basic business description and certain other information requested and collected by HOLLIBLU (collectively, “Account Information”). You agree that the Account Information that you provide to us at any time, including during registration and any other information you upload to your Account, the Site and App, will be true, accurate, current, and complete. You agree to promptly update all the Account Information.

Restrictions on Use. The Services we provide and the information (including those provided by nurse users) we make available through each Account are only for the HCP Entity associated with that Account; you may not use or allow anyone access to any such Services or information for any purpose in connection with another HCP Entity. You shall be solely responsible for any and all uses on the Site under your Account and for maintaining confidentiality of your username and password. HOLLIBLU reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Services and your Account Information. In no event and under no circumstances shall HOLLIBLU be held liable to you for any liabilities or damages resulting from or arising out of your use of the Services, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s healthcare provider Account at any time.

 

BILLING AND CANCELLATION:

Billing Cycle. Some or all of our Services may require a subscription with recurring subscription fees. The subscription fee for the Services and any other charges you may incur in connection with your use of the Services, such as taxes and possible transaction fees, will be charged to your paymentmethod you provided to us.

Cancellation. You can cancel your subscription at any time, and you will continue to have access to the Services through the end of the billing cycle during which you cancel the subscription. To cancel, [go to the “account” page on our website and follow the instructions for cancellation]. If you cancel your subscription, your account will close automatically when your access to Services ends. 

Changes to the Subscription Price. We reserve the right to change our subscription pricing for the Services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription will take effect for the billing period following notice to you.

No Refunds. Payments are nonrefundable, and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the Services through the end of your current billing period. 

 

TERMINATION:

HOLLIBLU may choose to suspend or terminate your use of the Services and/or your Account for any reason at any time. Upon termination, your Account shall be deactivated and you will not be able to continue to use the Services. You may deactivate or remove your Account at any time for any reason by contacting us at contact@holliblu.com. Subject to applicable law, HOLLIBLU reserves the right to maintain, delete or destroy all communications and User Materials pursuant to its internal record retention and/or content destruction policies. After such termination, HOLLIBLU will have no further obligation to provide any services, except to the extent obligated pursuant to applicable law.

 

PROVISIONS APPLICABLE TO NURSE USERS

The following provisions of the Terms apply only to nurse users: 

 

NATURE OF SERVICES:

The Services provide online and offline social networking and professional opportunities for nurses and other healthcare providers, the “Do Better Challenge” and related consulting, and professional sponsorship opportunities.

 

ELIGIBILITY:

The Services are only available to users who are at least eighteen (18) years of age and who reside in the United States, and only to individuals holding valid licensed vocational nurse(LVN) or registered nurse (RN) licenses from a US regulatory authority. By using the Services, you represent and warrant that you are of legal age to form a binding contract with HOLLIBLUand meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the App.

 

ACCOUNT:

Registration. You shall fill in the correct information requested in the membership registration form on the App. If an inappropriate photograph is provided, it will be removed and your Membership and use of the App may be terminated immediately. You agree to promptly update any outdated personal or business information on the App. You shall select a username and password during the Membership registration process. You shall be solely responsible for any and all uses on the App of your Membership and for maintaining confidentiality of your username and password. You may only register one Membership at a time.

Account Information. The information required during the membership registration is at minimum, the following: (i) your valid RN and/or LVN license number, (ii) your full name as it appears on the RN and/or LVN license, and (iii) your address (state and zip code). 

Accuracy of Account Information. You agree to provide current, complete and accurate account information for all servicesrendered. You agree to promptly update your account and other information when changes occur. We reserve the right to update our structure and charge for features that were free. However, we will notify you of any such changes and offer you the opportunity to decline any paid features. 

TERMINATION:

You may cancel your Membership at any time, effective immediately unless you have current outstanding assignments. In the event you have current outstanding assignments, the termination will take effect at the conclusion of said assignment. 

Additionally, HOLLIBLU may, at their sole discretion, to terminate your Membership, your use of the Services and/or your Account at any time for any breach of these Terms, the Privacy Policy or any other violation of local, state or federal law. We may also terminate your Membership if we discover you have registered more than one Membership or you are not the individual named on the Membership. Upon termination, your Account shall be deactivated and you will not be able to continue to use the Services. Subject to applicable law, HOLLIBLU reserves the right to maintain, delete or destroy all communications and User Materials pursuant to its internal record retention and/or content destruction policies.

PROVISIONS APPLICABLE TO USE OF THE APP

The following provisions of the Terms apply to use of the App: 

App Use Restrictions. You may not use the App on any mobile device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing termsgoverning use of any open sourced components included with the App). Any attempt to do so is a violation of the rights of HOLLIBLU and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The Terms will govern any upgrades provided by HOLLIBLU that replace and/or supplement the original App, unless such upgrade is accompanied by separate terms of use in which case those termsof use of use will govern.

iOS App Terms. The following terms apply if you install, access or use the Services on any device that contains the iOS mobile operating system (the “iOS App”) developed by Apple Inc. (“Apple”). 

• Acknowledgement. You acknowledge that these Terms are concluded solely between us, and not with Apple, and HOLLIBLU, not Apple, is solely responsible for the iOS App and the content thereof. You further acknowledge that the usage rules for the iOS App are subject to any additional restrictions set forth in the Usage Rules for the Apple iOS App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the App Store will govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Usage Rules.

• Scope of License. The license granted to you is limited to a non-transferable license to use the iOS App on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple iOS App Store Terms of Service.

• Maintenance and Support. You and HOLLIBLUacknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

• Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of HOLLIBLU. However, you understand and agree that in accordance with these Terms, HOLLIBLU has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.

• Product Claims. You and HOLLIBLU acknowledge that as between Apple and HOLLIBLU, HOLLIBLU, not Apple, is responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to (i) product liability claims, (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.

• Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of the iOS App infringe that third party’s intellectual property rights, HOLLIBLU, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.

• Legal Compliance. You represent and warrant that (i) you are 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) you are not listed on any U.S. Government list of prohibited or restricted parties.

• Developer Name and Address. Any questions, complaints or claims with respect to the iOS App should be directed toHOLLIBLU by contacting using the information provided above. 

• Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the Services. 

• Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

Android App Terms. The following terms apply if you install, access or use the Services on any device that contains the Android mobile operating system (the “Android App”) developed by Google, Inc. (“Google”):

• You acknowledge that these Terms are between You and us only, and not with Google. 

• Your use of our Android App must comply with Google’s then-current Android Market Terms of Service.

• Google is only a provider of the Android Market where You obtained the Android App. We, and not Google, are solely responsible for our Android App and the Services and Content available thereon. Google has no obligation or liability to You with respect to our Android App or these Terms.

You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to our Android App.

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Email: info@holliblu.com 

Address: 16350 Ventura Blvd. D179

Encino, CA 91436

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