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Terms of Use

Effective Date: August 3, 2024

 

Acceptance of Terms

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By accessing and using www.mpoweredfulsouls.com (the "Website"), you accept and agree to be bound by the terms and provisions of this agreement. In addition, when using this Website’s particular services, you shall be subject to any posted guidelines or rules applicable to such services.

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Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

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This Website is offered and available to users who are seventeen (17) years of age or older. By using the Website, you are making a statement of fact that you meet the foregoing eligibility requirement. If you do not meet all of these requirements, you must not access or use the Website.

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1.  Changes to the Terms of Use

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MpoweredfuL Souls, LLC reserves the right to change or modify these Terms of Use at any time. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Use.

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2.  Privacy Policy

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Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms of Use by this reference.

 

3.  Intellectual Property

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All content on the Website, including text, graphics, logos, images, and software, is the property of MpoweredfuL Souls, LLC or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The compilation of all content on this Website is the exclusive property of MpoweredfuL Souls, LLC, with copyright authorship for this collection by MpoweredfuL Souls, LLC.

 

4.  User Conduct

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You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others, or otherwise cause damage to the Website or its content.

 

5.  Prohibited Uses

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You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

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Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Website.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Website.

 

6.  Website Links

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6.1 Third-Party Links

The Website may contain links to third-party websites or resources. These links are provided for your convenience only. MpoweredfuL Souls, LLC has no control over the content of these websites or resources and does not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites.

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6.2 No Endorsement

The inclusion of any link to a third-party website does not imply endorsement by MpoweredfuL Souls, LLC of the website or any association with its operators. MpoweredfuL Souls, LLC does not endorse, guarantee, or make any representations or warranties regarding any other websites, services, or products offered through such websites.

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6.3 Risks and Liability

You acknowledge and agree that MpoweredfuL Souls, LLC 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 your use of or reliance on any such third-party websites, content, goods, or services available on or through any such websites or resources.

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6.4 Linking to the Website

You may link to the Website, provided you do so in a way that is fair and legal and does not damage MpoweredfuL Souls' reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.

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6.5 Reservation of Rights

MpoweredfuL Souls, LLC reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the standards set out in these Terms of Use.

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6.6 Framing and Embedded Links

You must not establish a link from any website that is not owned by you. Additionally, you may not create a frame or any other browser or border environment around the Website or embed any part of the Website in another website or service.

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7. Limitation of Liability

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IN NO EVENT SHALL MPOWEREDFUL SOULS, LLC, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO.

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8.  Disclaimer of Warranties

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8.1 General Disclaimer

The Website and all content, materials, products, and services available through the Website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied.

 

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MPOWEREDFUL SOULS, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. 

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8.2 Specific Disclaimers MpoweredfuL Souls, LLC does not warrant that:

  • The Website will meet your requirements or expectations;

  • The Website will be uninterrupted, timely, secure, or error-free;

  • The results that may be obtained from the use of the Website will be accurate or reliable;

  • The quality of any products, services, information, or other material purchased or obtained by you through the Website will meet your expectations;

  • Any errors in the software will be corrected.

 

8.3 No Responsibility for Third-Party Content

Any content downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. 

 

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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

8.4 No Advice or Information

8.4(a) General Information Purposes

The content on this Website is provided for general informational purposes only and is not intended to constitute or substitute for professional advice, whether medical, legal, financial, or otherwise. You should always seek the advice of a qualified professional with any questions you may have regarding a specific issue or problem.

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8.4(b) No Professional Relationship

Your use of the Website does not create a professional relationship between you and MpoweredfuL Souls, LLC, nor does it create any duty of care between you and MpoweredfuL Souls, LLC.

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8.4(c) Reliance on Content

Any reliance you place on the information provided on this Website is strictly at your own risk. MpoweredfuL Souls, LLC makes no representations or warranties regarding the accuracy, completeness, or usefulness of any content on the Website.

 

8.4(d) Third-Party Information

The Website may contain content provided by third parties, and MpoweredfuL Souls, LLC does not endorse or assume responsibility for the accuracy or reliability of any such content.

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9.  Indemnification

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You agree to protect, indemnify (defend), and hold harmless MpoweredfuL Souls, LLC, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use.

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10. Geographic Restrictions

 

10.1 United States and Colorado Usage

The Website and the services provided through it are intended for users located in the United States, specifically those in the state of Colorado. MpoweredfuL Souls, LLC makes no representations that the Website or its content is appropriate or available for use in other locations.

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10.2 Compliance with Local Laws

If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. You agree not to use the Website or its content in any jurisdiction where such use would be illegal or prohibited by these Terms of Use.

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10.3 Restricted Access

MpoweredfuL Souls, LLC reserves the right to limit the availability of the Website and/or its services to any person, geographic area, or jurisdiction, at any time and at our sole discretion.

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10.4 Export Compliance

You may not use or otherwise export or re-export the Website or any of its content except as authorized by United States law and the laws of the jurisdiction in which the Website was accessed. In particular, but without limitation, the Website and its content may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

11. Governing Law and Jurisdiction

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All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

12.  Limitations of Time to File Claims

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12.1 Time Limit

You agree that any claim or cause of action arising out of or related to the use of the Website, these Terms of Use, or any transactions occurring on or through the Website must be filed within the prescribed time frame as set forth by the statute of limitations for the State of Colorado after such claim or cause of action arose. Failure to file a claim within this period shall result in the claim being permanently barred.

 

12.2 No Waiver

The limitations of time to file claims set forth in this section are intended to be absolute and shall apply to the fullest extent permitted by law, regardless of any statute or law to the contrary.

 

12.3 Exceptions

This section shall not apply to claims for indemnification, which may be brought at any time consistent with applicable law.

 

13.  Waiver and Severability

 

13.1 Waiver

The failure of MpoweredfuL Souls, LLC to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by a designated representative of MpoweredfuL Souls, LLC.

 

13.2 Severability

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of these Terms of Use shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed modified so that it is valid and enforceable to the maximum extent permitted by law or, if not possible, replaced with a valid and enforceable provision that most closely matches the intent of the original provision.

 

14. Dispute Resolution

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Any disputes arising out of or related to these Terms of Use and/or any use by you of the Website shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association.

 

15. Contact Information

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If you have any questions about these Terms of Use, please email us at:  info@mpsnursing.com

 

 

BY USING THIS WEBSITE, YOU ACCEPT THESE TERMS OF USE.

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