EXCLUSIVELY RNS, LLC
SUBSCRIPTION AGREEMENT
FOR THE USE OF TRIAGE PROTOCOLS

These Terms and Conditions of Use (the “Terms of Use”) apply to Triage Protocols offered by Exclusively RNs, LLC. BY USING THE PROTOCOLS, YOU, AS SUBSCRIBER, AGREE TO THESE TERMS OF USE. IF YOU, AS SUBSCRIBER, DO NOT AGREE, DO NOT USE THE PROTOCOLS.

Upon agreeing to the Terms of Use, Subscriber shall have a personal, non-transferable limited license to use the Triage Protocols (“Protocols”) established by Exclusively RNs, LLC (“Provider”). Subscriber agrees to use the Protocols during daytime business hours only. Subscriber agrees that user of Protocols shall be a registered nurse or someone having equivalent or higher certification or user shall work under the supervision of a registered nurse or someone having equivalent or higher certification.

Subscriber may utilize one 30-day free trial of the Protocols at no cost or further obligation.

Provider assumes no liability for Subscriber’s use of the Protocols. Subscriber agrees to indemnify and hold Provider, its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees) made against Provider by any third party due to or arising out of or in connection with Subscriber’s use of the Protocols.

Except where prohibited by law, in no event will Provider be liable to Subscriber for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits. If, notwithstanding the other provisions of these Terms of Use, Provider is found to be liable to Subscriber for any damage or loss which arises out of or is in any way connected with Subscriber’s use of the Protocols, Provider’s liability shall in no event exceed the greater of (1) the total of any subscription fees with respect to the Protocols paid in the six months prior to the date of the initial claim made against Provider or (2) US$250.00.

This is a limited license only. Provider makes no representation or warranty regarding the Protocols. Provider is only granting Subscriber the right to use the Protocols as limited herein. Provider makes no representation or warranty that the Protocols will be suitable for Subscriber’s purposes. Subscriber hereby verifies that it has conducted it own evaluation regarding the use of the Protocols, and desires to use the Protocols without reliance upon any representation by Provider.

The Protocols are protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, the Protocols may not be copied, reproduced, republished, uploaded, posted, publicly displayed encoded, translated, transmitted or distributed in any way (including “Mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Provider’s express prior written consent.

Subscriber agrees that all matters relating to Subscriber’s access to or use of the Protocols, including all disputes, will be governed by the laws of the State of Colorado. Subscriber agrees to the personal jurisdiction by and venue in the state courts of El Paso County, Colorado, and waives any objection to such jurisdiction or venue.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between Provider and Subscriber with regard to Subscriber’s use of the Protocols, and any and all other written or oral agreements or understandings previously existing between Provider and Subscriber with respect to such use are hereby superseded and cancelled. Provider’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Provider of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Provider and Subscriber or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Subscriber may not attempt to gain unauthorized access to any portion or feature of Provider’s website, or any other systems or networks connected to the website, or to any of the services offered on or through the website, by hacking, password "mining" or any other illegitimate means.
Subscriber may not probe, scan or test the vulnerability of the website or any network connected to the website, nor breach the security or authentication measures on the website or any network connected to the website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the website, or any other customer of Provider, including any Provider account not owned by you, to its source, or exploit the website or any service or information made available or offered by or through the website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the website.
Subscriber agrees not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or Provider’s systems or networks, or any systems or networks connected to the website or to Provider.
Subscriber agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person’s use of the website.
Subscriber may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal Subscriber sends to Provider on or through the website or any service offered on or through the website. Subscriber may not pretend that they are, or that they represent, someone else, or impersonate any other individual or entity.
Subscriber may not use the website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Provider or others.
PROVIDER DOES NOT PROMISE THAT THE PROTOCOLS OR ANY CONTENT, SERVICE OR FEATURE OF THE PROTOCOLS WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE PROTOCOLS WILL PROVIDE SPECIFIC RESULTS. THE PROTOCOLS AND THEIR CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. PROVIDER CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROVIDER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE PROTOCOLS AND/OR ANY PROVIDER SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PROTOCOLS AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST PROVIDER FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.