Last updated July 28, 2024.
Welcome to https://www.thetoenurse.com. This website (the "Website") is owned, controlled, and operated by The Toe Nurse LLC, a Minnesota limited liability company (sometimes referred to in this document as "we" or "us"). These Terms and Conditions of Website Use ("Terms") apply to your access and use of our services at the Website. Please read these Terms and our Privacy Policy carefully before accessing or using the Website. These Terms spell out what you can expect from us and what we expect from you.
In accessing, browsing and/or using any area of the Website, you acknowledge that you have read, understand, and agree to be bound by these Terms and Conditions. We may make revisions to these Terms from time to time. By using the Website, you agree to be bound by such revisions and should therefore periodically visit this page to determine the then current version of these Terms to which you are bound. We may modify, update, or change these Terms from time to time without prior notice. We will endeavor to inform existing users when these Terms are revised by posting a Notice on the homepage of our Website. If you do not agree with these Terms, do not access or use the Website.
a. Licensing, Eligibility, and Use of the Website
When you provide information to the Website, you agree to provide only true, accurate, current and complete information. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to refuse any and all current or future use of the Website (or any portion thereof).
Subject to compliance with these Terms, for a limited time, the Website is granting its users a free, non-exclusive license together with the authority to use the Website, its services, and technology (collectively, the "Technology"). We reserve the right to charge fees for using the Technology in the future.
You understand and agree that the Website is provided "as-is" and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings, if any. You may not (i) copy, modify, redistribute, sell, sublicense, assign, or transfer, any Technology, (ii) copy or adapt the source or object code of the Website's software, HTML, JavaScript or other programming code, or (iii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Website creates to generate web pages or any software or other products or processes accessible through the Website.
You also agree that you will not (i) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Technology (except as may be a result of standard Internet browser or search engine), (ii) fail to follow the instructions provided on the Website in a "robots.txt" file or similar mechanism (to the extent that you provide standard search engine services to the public), nor (iii) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third-party or on any third-party website, or otherwise use the Technology in any way for any public or commercial purpose except as specifically permitted by these Terms or us without our prior written consent.
We will employ reasonable measures to protect the security of users and user information, but make no warranty with respect to the data posted on or uploaded to the Website, including but not limited to, statistical data, news, and information. The Website assigns internal user IDs that are utilized to ensure that each user's unique information is properly linked within the Website universe.
You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to use the Website and services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Website or services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms and Conditions. If you are under the age of 13, you may not use the Website or services, in compliance with the Children's Online Privacy Protection Act. If you are the parent or legal guardian of a child under the age of 18, you may use the Website or services on behalf of such minor child. By using the Website or services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child. If you do not qualify under these terms, do not use the Website or services. By using the Website and/or the services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein. The Website is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the services or the Website.
b. Trademarks
The trademarks, service marks, trade names, and logos (collectively "Trademarks") used and displayed on the Website are registered and unregistered marks owned by us, our affiliates, or others. Nothing on the Website should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our prior written permission. The Trademarks (registered and unregistered) are protected by U.S. and international copyright and other intellectual property laws. We aggressively enforce our intellectual property rights to the fullest extent of the law. Our name and logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without our prior written permission. The Trademarks may not be used (i) to identify products or services that are not ours, (ii) in any manner likely to cause confusion, (iii) in or as a part of your trademarks, (iv) in a manner that implies that we sponsor or endorse your products or services, or (v) in any manner that disparages or discredits us.
c. Copyright Notice
You acknowledge that the Website contains information, data, software, text, photographs, images, graphs, audio and video clips, typefaces, graphics, layout, music, sounds, button icons, logos, look and feel of the Website, and other material (collectively "Company Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Company Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Company Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Company Content or any material from any website owned, operated, licensed or controlled by us, in whole or in part. You may not put any our graphics or text on your own website. If no specific restrictions are displayed, you may make copies of select portions of the Company Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Company Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Company Content protected by copyright, or other proprietary right, without obtaining our permission.
Without limiting the generality of the foregoing, use of any software Company Content shall be governed by the service agreement accompanying such software.
You must receive express written consent from us to use the Website materials for commercial purposes. In order to obtain that consent, which we may withhold in our sole discretion, please send an email to nurse@thetoenurse.com with the following information: (i) your name, position, organization, address and telephone number; (ii) a description of the Website content, text or graphics you want to use; (iii) where, how and when you will be using the materials; (iv) to whom the materials will be distributed, in what quantities and for what purpose; and (v) other information that will be included with the Website material. We will respond by email and inform you whether or not we grant you permission to use the material. This decision will be made at our sole discretion.
d. Limited License
You may include a text link to any portion of the Website on your website. If you would like to use a graphic link, please email us at nurse@thetoenurse.com. Your website, or any third- party websites that link to the Website (i) cannot frame or create a browser or border environment around any of the content on the Website or otherwise mirror any part of the Website, (ii) cannot imply that we or our Website are endorsing or sponsoring it or its products, unless we have given our prior written consent, (iii) cannot present false information about, or disparage, tarnish, or otherwise, in our sole opinion, harm the Company or its products or services, (iv) cannot use any of our trademarks without our prior written permission, (v) cannot contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable in our sole opinion, and (vi) has to be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. You may not change the appearance of the logo, or any trademarks used in connection with the logo, in any way. You agree to replace or remove a logo that we determine is not an appropriate display or use of one of our Trademarks. By linking to the Website, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, we reserve the right to prohibit linking to the Website for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.
We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at https://www.copyright.gov/ ). The address of our Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section.
It is our policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (b) remove and discontinue service to repeat offenders.
a. Procedure for Reporting Copyright Infringements.
If you believe that material or content residing on or accessible through the Website or the services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):
b. Upon Receipt of a Bona Fide Infringement Notification
Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is our policy:
c. Procedure to Supply a Counter-Notice to the Designated Agent
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
d. Removal
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
e. Address for Designated Agent
Please contact our Designated Agent to Receive Notification of Claimed Infringement at the following address:
Copyright Agent, The Toe Nurse LLC 172 Gibraltar Rd Fridley, MN 55421–1521 Phone: (651) 666-0143 Email: privacy@thetoenurse.com
You acknowledge and agree that the Website and any necessary software used in connection with the Website (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Website or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or our advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Software, in whole or in part. We grant you a personal, non-transferable and non-exclusive right and license to use the Website through a web browser on a single computer; provided that you do not (and do not allow any third-party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Website. You agree not to access the Website by any means other than through the interface that is provided by us for use in accessing the Website.
Your affirmative act of using this Website and/or registering for the Website or the services constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.
You represent and warrant to us that you will fully comply with these Terms. If you choose to post material to any portion of the Website or to submit any Information to the Website, you further represent and warrant to us that such materials are not subject to any copyright, proprietary or intellectual property rights, or that you have obtained express authorization from the holder of such rights to distribute such materials on the Website. By posting materials to any portion of the Website, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, creative derivative works from and distribute such materials or incorporate such materials into any form, media or technology now known or later developed throughout the universe. In addition, you warrant that all "droit moral" rights in any such materials have been waived.
You hereby agree to indemnify, defend and hold us, our affiliated companies, and all officers, directors, owners, agents, information providers, affiliates, subsidiaries, parent companies, licensers, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs, including, without limitation, attorneys' fees, incurred by such Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties and covenants. You agree to use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You may terminate this license at any time by ceasing to access and use the Website, although you shall remain bound by these Terms with respect to any past use of the Website. We may continue to display the content you uploaded to the Website on or before the time of termination unless you specifically request that we remove such content. We may at our sole discretion terminate this license at any time, with or without prior notification, in the event you fail to comply with these Terms or for any other reason that we believe, in our sole discretion, is appropriate, by deactivating your user name and password and/or suspending operation of the system. Upon termination, you must destroy all materials obtained from the Website and any and all other Company websites, and all copies thereof, whether made under these Terms or otherwise.
THE WEBSITE AND OUR SERVICES ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS, INCLUDED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ("LOSSES") THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO LOSSES ARISING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE WEBSITE'S RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Website may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource. You further acknowledge that we shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in websites listed in the Website listings or search results, or that is otherwise provided to us by third parties.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
In accordance with the terms of the Website's Privacy Policy, incorporated by reference (available at https://www.thetoenurse.com/privacy/privacy), the Website respects your privacy.
These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Headings in these Terms are for ease of reference only and are not to be used to interpret the terms and conditions hereof.
These Terms shall be governed by, and construed in accordance with, the laws of Minnesota, without regard to its choice of laws principles. The Website is controlled, operated, and administered from within the USA. If you access the Website from a location outside of the USA, you are responsible for compliance with all local laws.
Each party hereby consents to the jurisdiction of the state and federal courts sitting in Minnesota; provided, however, that any decision by any such court may be appealed to the appropriate appellate court or courts. Each party hereby waives any objection it might otherwise have to venue in any of such courts.
These Terms are intended by the parties as a final expression of their understanding and as a complete and exclusive statement of its terms and supersedes any prior or contemporaneous agreements between them, whether written or oral, with respect to the subject matter hereof. In case any one or more of the provisions contained in these Terms shall be held to be invalid, illegal or unenforceable, the remaining provisions shall continue to be valid and binding to the extent that they continue to effectuate the intent of the parties as of the date of these Terms, or of any subsequent modification or amendment of these Terms. Acceptance of, or acquiescence in, a course of performance rendered under these Terms shall not operate as a modification of these Terms or a waiver of any provision of these Terms. These Terms may be modified only by an instrument signed by both parties.
Questions regarding these Terms can be directed to privacy@thetoenurse.com.