Additional Terms Applicable to Health Experts

Last Updated: November 13, 2023

Terms that Apply to Nurse-1-1 Health Experts

These additional terms (“Health Expert Terms”) apply to Nurse-1-1 Health Experts when using the services through the Website, Widget or the Apps (the “Services”) as a Nurse-1-1 Health Expert. If you are a Nurse-1-1 Health Expert, you agree and are subject to Nurse-1-1’s Terms of Use (located here https://legal.nurse-1-1.com/legal/terms-of-service), Health Expert Terms, and Privacy Policy. Where a Health Expert Term contradicts a user term of use, the Health Expert Term shall govern. The Health Expert Terms apply to your use of Nurse-1-1 as a Nurse-1-1 Health Expert. If you use Nurse-1-1 as a user, you agree, in your capacity as a user, to all Terms applicable to users as set forth in the Terms of Use and Privacy Policy.

Health Experts: Information

As a Nurse-1-1 Health Expert, you are required to register with and use your real name and professional contact information. You consent to Nurse-1-1’s use, in connection with the Services, of your name, likeness, photograph, biographical information and other personal information provided by you to Nurse-1-1 or any other publicly available information about you.

Health Experts: Nurse Practitioners, Physician Assistants, and Registered Nurses in Good Standing

US-based certified Nurse Practitioners (NPs), Physician Assistants (PAs), and Registered Nurses (RNs) may apply to be, and participate as, Health Experts on Nurse-1-1. NPs, PAs, and RNs whose certifications are or become suspended, expired, or revoked, for any reason, are not permitted and agree not to participate in any way, including but not limited to participating by submitting Expert Content (as defined below) to Nurse-1-1, as a Health Expert. Nurse-1-1 may, at its own discretion, expand the network to include other types of certified health professionals to serve as Health Experts.

Health Experts: Permission to Post and Use Expert Content

When you, as a Health Expert, provide content on any Nurse-1-1 feature or function made for publication on the Website, Widget or Apps (such as a chat with a user) (“Expert Content”), you grant Nurse-1-1 an unrestricted right without limitation to use, reproduce, extract data from or add data to, publish and post any such Expert Content, including in connection with or on the Website, Widget or Apps. This means that when you make such a submission to us, you are giving us rights to this content, including the right to post it and make it publicly available on the Website, Widget and the Apps and use it in connection with the Services. You also give us the right to give or transfer all rights granted herein to others. While Expert Content generally is posted on the Website, Widget and Apps, we do not have an obligation to post any particular Expert Content and reserve the right, at our sole discretion and for any reason whatsoever (including but not limited to Expert Content being reported to us as inappropriate), to not post and/or to remove any Expert Content from the Website, Widget or App at any time.

Health Experts: Nurse-1-1 Compensation

You will receive compensation for providing services as a Nurse-1-1 Health Expert according to the Health Expert Terms. By signing up as a Health Expert and using the platform, you agree to abide by all of the Terms of Use and these Health Expert Terms (including any representations and warranties and terms governing indemnification and obligations).

 

Health Experts: Disclosure of Relationships with Industry

You agree to comply with this Conflicts Disclosure Policy (“CDP”) when using the Website, Widget or the Apps or creating Expert Content for us. This CDP governs the disclosure of financial interests by Nurse-1-1 Health Experts. Conflicts of interest can be financial and/or personal. As used in this policy, “Industry” means any company, entity, or third party that produces, manufactures, or distributes a pharmaceutical, medical device, implant, or other medical care-related product or service or any health care provider or supplier of health care related services including, but not limited to, pharmacies, hospitals, physician practices, laboratories, and imaging centers.

All Health Experts with a material financial relationship with Industry must disclose such a relationship in any answer or other similar Expert Content submitted to Nurse-1-1 when such Expert Content mentions any product or service in which such an interest exists, with the following or similar language: “The author or poster of this content has a financial interest in a product or service mentioned herein.”

Health Experts: No Posting Expert Content for Compensation By a Third Party

Health Experts may not post Expert Content on the Website, Widget or Apps in exchange for compensation of any kind from a third party (i.e., from any party other than Nurse-1-1), including but not limited to, as a paid consultant to any entity (including any company or organization) or individual. Health Experts should ensure that any conflict or potential conflict of interest does not affect, or appear to affect, his or her contributions of Expert Content to the Nurse-1-1. Health Experts may receive compensation from Nurse-1-1 for services rendered through the Website, Widget or Apps as part of the Services.

Health Experts: No Posting of Content Written by Interested Parties

Health Experts may not publish Expert Content under their own names that is written in whole or material part by “Interested Parties” who are (a) parties with a financial interest in any product or service mentioned in such Expert Content, or (b) employees of Industry. Accepting compensation for posting Expert Content to public areas and/or posting ghostwriting by such Interested Parties on the Website, Widget or Apps is prohibited.

Further, Health Experts may not publish Expert Content under their own names that was written by any other party if such content is not otherwise available in the public domain.  Health Expert is prohibited from publishing Expert Content written by any other party if publishing such content would result in the violation of any copyright laws.  

Health Experts: Posting of Expert Content for Informational Purposes Only

Health Experts are permitted only to provide Expert Content for the purposes of conducting informational chats with the Nurse-1-1 users.  Health Experts will not, under any circumstances, provide Nurse-1-1 users with diagnostic or treatment-related information or recommendations.

Health Experts: No Referrals to Specific Health Care Professionals

Health Experts may not post referrals to a specific health care professional. When suggesting to a user to seek medical help or when providing guidance on where to seek help, Health Experts may provide the type of physician to contact but may not name specific health care professionals.

Health Experts: Your Relationship with Nurse-1-1

You acknowledge and agree that Nurse-1-1’s provision to you of the Website, Widget and the Apps for the purpose of engaging you to assist with the provision of the Services creates a direct business relationship between Nurse-1-1 and you. Nurse-1-1 does not, and shall not, be deemed to direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of services, your acts or omissions, or your Expert Content provided to users. You retain the sole right to determine when, where, and for how long you will utilize the Website, Widget and Apps. You retain the option to attempt to accept or to decline or ignore a user’s request for a chat via the Services, or to cancel an accepted request for chat via the Services, subject to Nurse-1-1’s then-current cancellation policies. You acknowledge and agree that you have complete discretion to provide services or otherwise engage in other business or employment activities; provided such other business or employment activities do not involve receiving payment from a third-party in exchange for posting Expert Content. For the sake of clarity, you understand that you retain the complete right to; (i) use other software application services in addition to the Services; and (ii) engage in any other occupation or business, provided such other business or employment does not involve receiving payment from a third-party in exchange for posting Expert Content. Nurse-1-1 retains the right to deactivate or otherwise restrict you from accessing or using the Services in the event of a violation or alleged violation of the Terms of Use or Health Expert Terms, your disparagement of Nurse-1-1 or any of its affiliates, or your act or omission that causes harm to Nurse-1-1’s or its affiliates’ brand, reputation or business as determined by Nurse-1-1 in its sole discretion.

Health Experts: Ratings

You acknowledge and agree that: (a) after utilizing the Services, a user will be prompted by the Website, Widget or the App to provide a rating of you and the Services and, optionally, to provide comments or feedback about you and the Services; and (b) after utilizing the Services as a Health Expert, you will be prompted by the Website, Widget or the App to provide a rating of the user you connected with and, optionally, to provide comments or feedback about such user. You shall provide your ratings and feedback in good faith.

You acknowledge that Nurse-1-1 desires that users have access to high-quality services via the Website, Widget and the Apps. In order to continue to receive access to the Services as a Health Expert, you must maintain an average rating by users that exceeds the minimum average acceptable rating established by Nurse-1-1, as may be updated from time to time by Nurse-1-1 in its sole discretion (“Minimum Average Rating”). Your average rating is intended to reflect users’ satisfaction with your services rather than your compliance with any of Nurse-1-1’s policies or recommendations. In the event your average rating falls below the Minimum Average Rating (as defined by Nurse-1-1), Nurse-1-1 will notify you and may provide you, in Nurse-1-1’s discretion, a limited period of time to raise your average rating above the Minimum Average Rating. If you do not increase your average rating above the Minimum Average Rating within the time period allowed (if any), Nurse-1-1 reserves the right to deactivate your access to the Services as a Health Expert. Additionally, you acknowledge that your repeated failure to accept user requests for services while you are logged in to the Services as a Health Expert creates a negative experience for users of the Services. If you do not wish to accept user requests for services on the Website, Widget or Apps for a period of time, you agree that you will log off the Website, Widget and Apps as a Health Expert.

Health Experts: Service Charge Calculation and Your Payment

You are entitled to a service charge for each instance of completed services provided by you to a user that are obtained via the Services (“Service Charge”). The Service Charge will be calculated using a formula developed by Nurse-1-1, in its sole discretion (“Service Charge Calculation”). You acknowledge and agree that the Service Charge paid pursuant to the Service Charge Calculation is the only payment you will receive in connection with your provision of services on the Website, Widget or Apps, and that neither the Service Charge nor the Service Charge Calculation includes any gratuity. You: (i) appoint Nurse-1-1 as your limited payment collection agent solely for the purpose of accepting the Service Charge, and, at Nurse-1-1’s discretion, applicable taxes and fees from the user on your behalf via the payment processing functionality facilitated by the Service; and (ii) agree that payment made by User to Nurse-1-1 (or to an affiliate or agent of Nurse-1-1) shall be considered the same as payment made directly by the user to you.

Health Experts: Braintree, a division of PayPal, Inc.

Nurse-1-1 uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing. In order for you to use Braintree’s payment processing services, you must enter into the Commercial Entity User Agreement (CEA) with Braintree and its sponsoring bank. The CEA is available at www.braintreepayments.com/agreements/merchant. By accepting this Agreement, you agree: (a) that you have downloaded or printed the CEA, and (b) that you have reviewed and agree to the CEA. Please note that Nurse-1-1 is not a party to the CEA and that you, Braintree and Braintree’s sponsoring bank are the three parties to the CEA and that Nurse-1-1 has no obligations or liability to you under the CEA. If you have questions regarding the CEA, please contact Braintree at (877)434-2894.

Health Experts: Receipts

As part of the Service, Nurse-1-1 provides you a platform for providing users with health information. Upon your completion of services for a user on the Website, Widget or Apps, Nurse-1-1 collects the applicable Service Charge from the user, prepares a receipt and issues such receipt to the user via email on your behalf. Such receipts are also provided to you via email or the online portal available to you through the Services. Receipts include the breakdown of amounts charged to the user for the Services and may include specific information about you, including your first name and photo, avatar, or other customized representation used in your profile on the Services. Any corrections you request to a user’s receipt must be submitted to Nurse-1-1 in writing in email to support@nurse-1-1.com within three (3) business days after the completion of the applicable use of the Services. Absent such a notice from you, Nurse-1-1 shall not be liable for any mistakes in or corrections to the receipt or for recalculation or disbursement of the Service Charge.

Health Experts: Taxes

You acknowledge and agree that you are required to: (a) complete all tax registration obligations and calculate and remit all tax liabilities related to your provision of service on the Website, Widget or Apps as required by applicable law; and (b) provide Nurse-1-1 with all relevant tax information. You further acknowledge and agree that you are responsible for taxes on your own income arising from the performance of services on the Website, Widget or Apps. Notwithstanding anything to the contrary in this Agreement, Nurse-1-1 may in its reasonable discretion based on applicable tax and regulatory considerations, collect and remit taxes resulting from your provision of services on the Website, Widget or Apps and/or provide any of the relevant tax information you have provided directly to the applicable governmental tax authorities on your behalf or otherwise.

Health Experts: Relationship of the Parties

Except as otherwise expressly provided herein with respect to Nurse-1-1 acting as the limited payment collection agent solely for the purpose of collecting payment from users on your behalf, the relationship between the parties under this Agreement is solely that of independent contracting parties. The parties expressly agree that: (a) the Terms of Use and Health Expert Terms do not constitute an employment agreement, nor do they create an employment relationship, between Nurse-1-1 and you; and (b) no joint venture, partnership, or agency relationship exists between Nurse-1-1 and you. You have no authority to bind Nurse-1-1 or its affiliates and you undertake not to hold yourself out as an employee, agent or authorized representative of Nurse-1-1 or its affiliates. Where, by implication of mandatory law or otherwise, you may be deemed an agent or representative of Nurse-1-1, you undertake and agree to indemnify, defend (at Nurse-1-1’s option) and hold Nurse-1-1 and its affiliates harmless from and against any claims by any person or entity based on such implied agency or representative relationship.

Health Experts: Termination

Either Nurse-1-1 or you may terminate the relationship: (a) without cause at any time upon seven (7) days prior written notice (email is acceptable) to the other; (b) immediately, without notice, for the other party’s material breach of the Terms of Use or Health Expert Terms; or (c) immediately, without notice, in the event of the insolvency or bankruptcy of the other party, or upon the other party’s filing or submission of request for suspension of payment (or similar action or event) against the terminating party. In addition, Nurse-1-1 may terminate the independent contractor relationship or deactivate your Health Expert account immediately, without notice, with respect to you in the event you no longer qualify, under applicable law or the standards and policies of Nurse-1-1 and its affiliates, to provide services or to use the Services, or as otherwise set forth in these Health Expert Terms or the Terms of Use.