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Terms and Conditions

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Welcome to https://www.nightingalewings.com

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The https://www.nightingalewings.com website (the "Site") is comprised of various web pages operated by NIGHTINGALE WINGS, LLC “). https://www.nightingalewings.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.nightingalewings.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

https://www.nightingalewings.com is a business website

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Privacy

Your use of www.nightingalewings.com is subject to NIGHTINGALE WINGS, LLC Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

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Electronic Communications

Visiting www.nightingalewings.com or sending emails NIGHTINGALE WINGS, LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. 

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 NIGHTINGALE WINGS, LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.nightingalewings.com only with permission of a parent or guardian.

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 Links to third party sites/Third party services

www.nightingalewings.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of NIGHTINGALE WINGS, LLC And NIGHTINGALE WINGS, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NIGHTINGALE WINGS, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NIGHTINGALE WINGS, LLC of the site or any association with its operators.

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Certain services made available via www.nightingalewings.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.nightingalewings.com domain, you hereby acknowledge and consent that NIGHTINGALE WINGS, LLC may share such information and data with any third party with whom NIGHTINGALE WINGS, LLC has a contractual relationship to provide the requested product, service or functionality on behalf of www.nightingalewings.com users and customers.

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No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.nightingalewings.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant NIGHTINGALE WINGS, LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. 

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All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of NIGHTINGALE WINGS, LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. 

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You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. NIGHTINGALE WINGS, LLC content are not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of NIGHTINGALE WINGS, LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses express or implied, to the intellectual property of NIGHTINGALE WINGS, LLC or our licensors except as expressly authorized by these Terms. 

Third Party Accounts

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You will be able to connect NIGHTINGALE WINGS, LLC account to third party accounts. By connecting your NIGHTINGALE WINGS, LLC account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

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International Users

The Service is controlled, operated and administered by NIGHTINGALE WINGS, LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use NIGHTINGALE WINGS, LLC Content accessed through www.nightingalewings.com  in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 

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Indemnification

You agree to indemnify, defend and hold harmless NIGHTINGALE WINGS, LLC  its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. NIGHTINGALE WINGS, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with NIGHTINGALE WINGS, and LLC is asserting any available defenses. 

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Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NIGHTINGALE WINGS, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

NIGHTINGALE WINGS, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NIGHTINGALE WINGS, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NIGHTINGALE WINGS, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NIGHTINGALE WINGS, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

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Termination/access restriction

NIGHTINGALE WINGS, LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the VIRGIN ISLANDS and you hereby consent to the exclusive jurisdiction and venue of courts in VIRGIN ISLANDS all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

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You agree that no joint venture, partnership, employment, or agency relationship exists between you and NIGHTINGALE WINGS, LLC is a result of this agreement or use of the Site. and NIGHTINGALE WINGS, LLC ‘s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by NIGHTINGALE WINGS, LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

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Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NIGHTINGALE WINGS, LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NIGHTINGALE WINGS, LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

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Changes to Terms

 NIGHTINGALE WINGS, LLC reserves the right, in its sole discretion, to change the Terms under which www.nightingalewings.com is offered. The most current version of the Terms will supersede all previous versions. NIGHTINGALE WINGS, LLC encourages you to periodically review the Terms to stay informed of our updates.

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Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

  • Harass or mistreat other users of our Site;

  • Violate the rights of other users of our Site;

  • Violate the intellectual property rights of the Site owners or any third party to the Site;

  • Hack into the account of another user of the Site;

  • Act in any way that could be considered fraudulent; or

  • Post any material that may be deemed inappropriate or offensive.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

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Accounts
When you create an account on our Site, you agree to the following:

  1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and

  2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

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Sale of Services
These Terms and Conditions govern the sale of services available on our Site.

The following services are available on our Site:

  • Caregiver Search Access;

  • Caregiver Registry;

  • Care Management; and

  • Home Assessment.

The services will be paid for in full when the services are ordered.

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These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.

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We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

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Subscriptions
Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription.

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To cancel your subscription, please follow these steps: You may cancel your Monthly Subscription by sending an email to nviwings@gmail.com. Indicate "Subscription" in the subject line. If you cancel your Monthly Subscription, the cancellation will take effect for your next monthly billing cycle.

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Payments
We accept the following payment methods on our Site:

  • Credit Card;

  • PayPal;

  • Venmo; and

  • ATH Movil.

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

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Refunds
Refunds for Services
We provide refunds for services sold on our Site as follows:

  • The Home Assessment fee will be fully refunded if the service is cancelled at least 24 hours before the scheduled visit.
    No refunds for monthly subscriptions and care management services.

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Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

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Limitation of Liability
Nightingale Wings, LLC and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

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Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Nightingale Wings, LLC and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

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Applicable Law
These Terms and Conditions are governed by the laws of the Territory of the U.S. Virgin Islands.

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Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

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Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

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Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:

(340) 244-8178
nviwings@gmail.com
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You can also contact us through the feedback form available on our Site.

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                                                                                                                                                                                Effective Date: 4th day of January, 2021

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