TERMS OF USE: NEF Website

Nurses Educational Funds, Inc., a 501(c)(3) public charity (hereinafter, "NEF," "we," "us," or "our") welcomes you. We invite you to access and use our online services  ("Services"), which are made available to you through the NEF website, www.n-e-f.org ( “Website”).

We provide our Services to Visitors and Users (as defined below) subject to these Terms of Use, which may be updated by us from time to time without notice to you. The Terms of Use are a contract between you and NEF. Your access to and continued use of certain areas within (including any successor sites) portions of the Website that require registration, constitutes your reading, understanding and acceptance, without limitation, of the terms and conditions of the Terms of Use. You agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, the "Agreement"). If you do not agree to any of these terms, then please do not use the Services.

Description and Use of Services

NEF website is an informational tool regarding all the activities of NEF.  The Website is also used to raise funds to support scholarships for Nurses.

When we use the terms “you” or “your” in these Terms of Use, we are referring to individuals who use our Services, such as:

• Visitors
• Registered Users

Visitors.  Visitors, as the term implies, are people who don't register or otherwise give NEF information, but want to view various webpages and see what NEF is about. No login is required for Visitors. Visitors can: (a) view all publicly-available content, including, without limitation, information about the mission and operation of NEF; (b) access and/or submit content to certain third-party applications (for example, by making donations, joining our mailing list or connecting to our social media portals); and (c) e-mail us.

Registered Users.  Login is required for all Registered Users, who are able to access and utilize the same functions as Visitors, and apply for scholarships.

NEF is under no obligation to accept any Registered User and may accept or reject any registration in its sole and complete discretion. In addition, NEF may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated the Agreement.

Use of Third-Party Applications. NEF uses third-party applications and third-party agents and partners to perform certain functions on our behalf.  These entities have access to the personal information needed to perform their functions and are contractually obligated to maintain the confidentiality and security of any personal information collected from the website. These Third parties are also subject to the NEF Privacy Policy that may be found on the NEF website under “Policies,” and is hereby incorporated herein.

We reserve the right, in our sole and absolute discretion, to deny you access to the Services, or any portion of the Services, without notice.  

Permitted and Prohibited Uses

Permitted Uses.  You may access and use the Website for which registration is not required as set forth herein. The scholarship application process within the Website may be accessed by you, but only after registering with the Website and providing the information requested through the Registration Process, as outlined below. You may access and use the Website for the following purposes:

• To learn about NEF for the purpose of applying for a scholarship and thereafter applying for a scholarship
• To learn about NEF to donate to the scholarship fund and thereafter donate to the fund.

Prohibited Uses. You may not:

• Use the Website other than as authorized by the Terms of Use;
• Use the Website for the benefit of any third party, other than as part of a Permitted Use;
• Republish or distribute information from the Website without NEF’s express written consent;
• Disassemble, decode, decompile, or otherwise reverse engineer the Website, including, without limitation, any interfaces or software programs comprising the Website;
• Take any action that would impede or interfere with the operation of the Website or alter Contents of the Website, or alter or interfere with any other content, website, or software that NEF owns or controls
• Use any data mining, robots, or similar data gathering and extraction methods with respect to the Website or any portion thereof; and
• Directly or indirectly, change, recompile, reframe, rent, sell, distribute or publish any of the Website, any database thereon and/or any content thereon, or any portion thereof, without explicit written consent from NEF;
  
  

Restrictions

The Services are available for individuals aged 16 years or older. If you are 16 or older, but under the age of 18, you should review the Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

Sign-In Name; Password; Unique Identifiers

During the registration process for Registered Users, we will ask you to create an account, which includes a sign-in name ("Sign-In Name"), a password ("Password"), and certain additional information that will assist in authenticating your identity when you log-in in the future ("Unique Identifiers"). When creating your account, you must provide true, accurate, current, and complete information. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Services using one or more of them. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason. NEF will not be liable for any unauthorized use of your account.

Intellectual Property

The Services contain material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of NEF (collectively referred to as "Content"). Content may be owned by us or by third parties. Content is protected under both United States and foreign laws. Unauthorized use of Content may violate copyright, trademark, and other laws. You have no rights in or to Content, and you will not use Content except as permitted under the Agreement. Any other use is prohibited without prior written consent from NEF. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use Content in any way for any public or commercial purpose. The use or posting of Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of the Agreement, your permission to access and/or use Content and the Services automatically terminates and you must immediately destroy any copies you have made of Content. 

User Content; Licenses

As noted above, the Services provide registered NEF Scholarship Application Users the ability to post and upload user content ("User Content").
 
You retain all copyrights and other intellectual property rights in and to your own User Content. You do, however, hereby grant NEF a non-exclusive, royalty-free, perpetual, transferable, sub-license to modify, compile, combine with other content and data, copy, record, synchronize, format, and index your User Content and display, perform, sub-license, commercialize, and make it available to others in all media now known or hereafter devised, including, without limitation, through the Platform.
 
If you submit User Content to us, each such submission constitutes a representation and warranty to NEF that such User Content is your original creation (or that you otherwise have the right to provide the User Content), that you have the rights necessary to grant the license to the User Content under the prior paragraph, and that it and its use by NEF does not and will not violate our community guidelines.
 
You expressly acknowledge and agree that once you upload User Content, it will be accessible and viewable by NEF. You can find more information in our Privacy Policy about NEF’s privacy practices concerning personal data you share with us.

Communications With Us

Communications From NEF.  You understand and agree that, as a Visitor or a Registered User of the Website, NEF may send to you certain communications from time to time, including (a) Application and donation announcements, including but not limited to announcements concerning modifications, enhancements, and/or upgrades to the Website; (b) service announcements, including but not limited to announcements regarding conditions or other possible interruptions that may affect use of and/or access to the Website.  You further understand and agree that your agreement to receive such communications is a condition of your use of the Website as a Registered User. Unless explicitly stated otherwise, any new feature that enhances or supplements the Website shall be subject to the Agreement.

Communications to NEF.  Although we encourage unregistered users to contact us, we do not want you to, and you should not, send us any content that contains confidential information. As outlined in this policy and NEF’s privacy Policy, you should not send us any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, confidential and proprietary information, learned or disclosed as part of employment relationships or under nondisclosure agreements). 

No Warranties; Limitations of Liability

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION.  WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SERVICES FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE CONTENT, THE SERVICES, AND USER CONTENT AT YOUR OWN RISK.
 
WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES, ITS SERVERS, ITS CONTENT, OR USER CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF CONTENT, USER CONTENT, OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. USE OF THIS SITE IS AT YOUR OWN RISK.
 THE CONTENT, THE USER CONTENT, AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
 
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE, INABILITY TO USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF ANY CONTENT, USER CONTENT, OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
 
THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR OTHER ERRORS LISTED ON THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICES AT ANY TIME WITHOUT NOTICE.
 

External Sites

The Services may contain links to third-party websites ("External Sites"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

Representations; Warranties; and Indemnification 

• You hereby represent, warrant, and covenant that:
  • You own or have the necessary licenses, rights, consents, and permissions to all information you submit through the Website in and to your User Content and any other works that you incorporate into your User Content, and all the rights necessary to grant the licenses and permissions you grant hereunder;
  • Use of your User Content in the manners contemplated in the Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and
• You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assign harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of the Agreement, including, without limitation, the representations and warranties asserted in Section 11(a), above; (ii) your access to, use, or misuse of Content, User Content, or the Services, and (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
  
  

Compliance With Applicable Laws

The Website Services are based in the United States and intended only for use in the United States and is not intended for use outside of the United States.   

Termination of the Agreement

We reserve the right, in our sole discretion, to restrict, suspend, or terminate the Agreement and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability. Registered Users may terminate this Agreement by providing ten days’ prior written notice to NEF at:

Nurses Educational Funds, Inc.
137 Montague Street
Brooklyn, NY 11201

On or before the end of such notice period, NEF will delete such Registered User’s account.  All other sections in this policy will survive any termination of this Agreement. If and when a former Registered User visits the Platform after termination of the Agreement as a Registered User, such former Registered User is deemed to accept and enter into the Agreement as it applies to Visitors.

Miscellaneous

The Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New York; and (ii) that the Services shall be deemed passive that do not give rise to personal jurisdiction over NEF, either specific or general, in jurisdictions other than New York. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If any provision of the Agreement is found to be invalid, or otherwise contrary to the law or equity, by a court of competent jurisdiction or terminated in accordance with the Termination provision above, you and NEF agree that such provision shall be automatically severed and the remainder of the Agreement that can be given effect shall continue to be given effect. The invalidity or termination of such provision shall not affect the validity of any other provisions outlined in the Agreement.
 
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in the Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, the Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. The Agreement will inure to the benefit of our successors, assigns, licensees, and sub-licensees.