ShiftMed.com Terms of Use

Effective: 06/26/2019

These “Terms of Use” (these “Terms” or this “Agreement”) establish(es) the terms and conditions under which current employees of ShiftMed may access ShiftMed.com’s, software, applications, and websites by using designated Usernames and Passwords issued by ShiftMed (referred to as “ShiftMed.com’s Site Services” or “Site Services” as described below).

General Provisions

For purposes of these Terms, the “Site” shall mean www.ShiftMed.com and any other ShiftMed.com branded websites, web pages, mobile applications and mobile websites operated by ShiftMed.com, Inc., and the “Site Services” shall mean any of the various services described below under the heading “Overview of Services” except as limited under the heading “Limitations on the Services,” that ShiftMed.com provides to its employees through the Site or any other channels, including over the telephone. The terms “Site” and “Services” also include ShiftMed.com’s mobile application and the services offered through that application. ShiftMed.com may be referred to in this Agreement as the “Company”, “we” or “us.”

Please read these Terms before using the Site or the Site Services. By scrolling to the bottom of this page and clicking “I agree,” you hereby represent, warrant, and understand that you agree to and accept these Terms in their entirety. Your agreement and acceptance of these Terms are required for any ShiftMed employee to register as a user of the Site or Site Services (“Registered Users”).

In the event ShiftMed.com modifies these Terms, such modifications shall be binding on you only upon your acceptance of the modified Terms, as evidenced by your scrolling to the bottom of a window containing the modified Terms and clicking “I agree.” The date on which you click “I agree” shall be the effective date of the modified Terms between you and ShiftMed.com. However, no such modification shall apply to the terms and conditions of the ShiftMed Employee Handbook or your individual Employee Arbitration Agreement unless expressly stated otherwise. If you choose to register on the Site and provide your email address, ShiftMed.com will use its best efforts to email you about changes we believe are significant concerning the use of the Site or these Terms.

Table of contents

Overview of Site Services

The Site enables direct and immediate communication between ShiftMed and its Registered User Assigned Employees on work assignment availability and work scheduling matters. ShiftMed posts to the Site information regarding the Client location, start date, requirements and minimum qualifications, anticipated schedule of hours worked, hourly wage rate, and anticipated work assignment duration. As a Registered User Assigned Employee, you can review the posted work assignment information and notify ShiftMed whether they “accept” a particular work assignment. ShiftMed will then confirm your acceptance through the Site, and provide a start date/time, identify the Client Supervisor to whom you will report, and other dispatch details. You would then access the Site to confirm completion of the assignment with ShiftMed as well as your availability for subsequent work assignments to be posted to the Site.

The Site provides a number of tools and features as part of the Site Services, such as:

ShiftMed.com reserves the right to discontinue any or all of the existing services or introduce new services at any time for any reason.

Limitations on the Services

Our Services are intended to provide Registered User Assigned Employees with access to a technology platform that allows you to maintain regular employment – whether on a full-time or part-time basis, as desired by you.

ShiftMed.com may evaluate compliance with any term or condition relating to an Assigned Employee’s performance of services for a Client.

ShiftMed Clients will be solely responsible for providing ShiftMed Assigned Employees with any and all required tools, supplies, any equipment used to provide on-site care services (e.g., blood pressure cuff) and any site-specific personal protective equipment (PPE). ShiftMed Assigned Employees will be solely responsible for obtaining and maintaining any licenses or certificates that are required by law to provide the care services. To the extent that an applicable law bars ShiftMed.com from referring a ShiftMed Assigned Employees that have failed to maintain any required license or credential and/or take any other required action, ShiftMed.com will comply with that law and cease such referrals.

ShiftMed.com is a staffing firm, also does not provide any medical, diagnostic, assessment, treatment or clinical service, engage in any conduct that requires a professional license, and/or that constitutes the providing of health care services.

Eligibility to Use the Site and Services, Account Set-Up, Termination

To be eligible to use our Services, you must meet the following criteria:

By registering or using these Site Services, you represent, acknowledge and warrant that you have met the applicable eligibility requirements above and that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of these Terms, as applicable.

Creating an Account: ShiftMed Assigned Employees will not have access to the Site Services without first becoming a Registered User. In order to use the Site Services, you are required to set up an account through the Site and meet the other applicable eligibility requirements and conditions described in these Terms. For certain services, you may be required to select a unique user ID and password, along with other authentication requirements that may be required (collectively “Account Credentials”). You promise that all information you provide to us is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. You may not transfer or share your Account Credentials with any third parties, and you are solely responsible for maintaining the confidentiality of your Account Credentials. You acknowledge and agree that we rely on Account Credentials to know whether users accessing the Site and using our Site Services are authorized to do so. You are solely responsible for any and all use of your Account Credentials and Account and all activities that occur under or in connection with your Account Credentials or Account. You agree to be responsible for any act or omission of any users that access the Site or Services under your Account Credentials. You agree not to register for more than one Account or register for an Account on behalf of any third party.

Termination of Use or Registration. Should ShiftMed.com determine that you have violated any terms stated herein, are not suitable for participation as a Registered User, have misused or misappropriated Site content, including but not limited to use on a “mirrored,” competitive, or third party site, or for any other reason determined you are not eligible for continued employment by ShiftMed, ShiftMed.com reserves the right, at its sole discretion, to immediately terminate your access to all or part of the Site, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in ShiftMed.com, with or without notice.

In any event, ShiftMed.com also reserves the right, in its sole discretion, to terminate your access to all or part of the ShiftMed.com Site, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in ShiftMed.com, for any reason or no reason, with or without notice. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination, except to the extent required by the Fair Credit Reporting Act or other applicable law.

Our decision to terminate an individual’s registration and/or to notify other Registered Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as, information bearing on the individual’s character, general reputation, personal characteristics, or mode of living.

Rules for User Conduct and Use of Services

Exclusive Use. Registered User Assigned Employees may use your account only to find available work assignments with ShiftMed Clients and correspond with ShiftMed regarding your performance and/or termination of accepted work assignments as well as your continued or discontinued availability for further work assignments. Registered User Assigned Employees may not assign or otherwise transfer their accounts to any other person or entity. As a condition of access to the Site and use of the Site Services, you agree to promptly notify ShiftMed.com if any component of your login credentials is lost, stolen, or otherwise compromised; and acknowledge that ShiftMed.com relies on the truthfulness of these representations and affirmations in determining your eligibility to use the Site and Site Services.

Content Restrictions. The following rules pertain to “Content,” defined as any communications, images, sounds, videos, messages, photos, audios, reviews, or profiles, and any other material, data, files, and information, or any derivations or reproductions thereof, that you or other users publish, display, enter, post, upload, or transmit onto or through the Site or ShiftMed.com’ s Services (hereinafter, “post”). By posting any Content while using our Service, you agree, represent and warrant as follows:

Prohibited Uses. By using the Site or Services of ShiftMed.com, you agree that you will not under any circumstances:

In order to protect our users from prohibited activity, we reserve the right to take appropriate actions which we deem appropriate in our sole discretion. Should ShiftMed.com find that you violated these Terms, or for any reason, ShiftMed.com reserves the right, at its sole discretion, to immediately terminate your access and/or use of the Site and Site Services.

Further, in order to protect the integrity of the Site and the Site Services, ShiftMed.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site. It shall be a violation of these Terms to use any browser or technology which alters, conceals, or hides your IP address.

Mobile Text Message Service Terms.

The following terms in this section apply to everyone who: (1) signs up to receive one or more SMS or MMS message and/or messages from ShiftMed, or (2) sends us messages via SMS or MMS.

To communicate with you more efficiently, we may at times contact you for employment-related purposes using text messages, including messages sent with an automatic telephone dialing system or similar technology, at the telephone number(s) you have provided to us. When you sign up for ShiftMed’s text alert program you are expressly consenting to receive text messages on behalf of ShiftMed in the following circumstances (the “Text Services”):

You may opt out of the Text Services at any time by texting the word STOP to +1 (703) 662-8946 from the enrolled mobile device. If you do that, you will receive one additional message confirming that you will no longer receive messages from ShiftMed.com related to the Text Services. If you need help with our Text Services, text the word HELP to +1 (703) 662-8946.

We do not charge a fee for the Text Services; however, depending on your messaging plan, your mobile carrier may charge you for each message we send you or that you send us. It is your responsibility to know whether your carrier will charge you per-message costs (for instance, if you do not have an unlimited texting plan, or have exceeded your monthly quota of free messages). We assume no responsibility for charges incurred by your using the Text Services.

The Text Services may not be available in all areas at all times. SMS/MMS messages are distributed via a complex system of service providers and we cannot guarantee their availability or performance. This means we may not be able to successfully transmit SMS/MMS messages to you, and we have no liability for any such transmission delay or message failure. The Text Services may not work in the event of product, software, coverage, or other changes made by your wireless carrier or changes you make to your mobile device.

You must provide your own wireless device, subscribe to a wireless service on a participating mobile carrier, and be able to receive text messages using that wireless device and your carrier’s service.

Disclaimers; Limitations; Waivers; Indemnification

Site Content. The Services made available on this Site, and any information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is” and without any warranties of any kind, including, without limitation, any express warranties, warranties of merchantability, warranties of fitness for a particular purpose, warranties of workmanlike quality, or any other implied warranties. Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by ShiftMed.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

Additionally, links from the Site to external sites (including external sites that are framed by ShiftMed.com) or inclusion of advertisements do not constitute an endorsement by ShiftMed.com of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users' reference and convenience. Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. ShiftMed.com does not control such sites and is not responsible for their content. Links on the Site to such sites does not mean that ShiftMed.com endorses any of the material on such sites or has any association with their operators. Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by ShiftMed.com’s Terms of Use. ShiftMed.com expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold ShiftMed.com harmless from any liability that may result from the use of links that may appear on the Site.

App Stores. You acknowledge and agree that the availability of our mobile application (“Application”) is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that the Terms are between you and Company and not with the App Store. The company, not the App Store, is solely responsible for the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.

Limitation of Liability. Incidental Damages and Aggregate Liability. In no event will ShiftMed.com be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Site Services, including without limitation damages related to any information received from the Site or Site Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Site Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if ShiftMed.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

UNDER NO CIRCUMSTANCES WILL SHIFTMED.COM’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION(S) WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE AMOUNT OF $1,000.00.

This limitation of liability shall be construed broadly, and shall specifically include, without limitation, claims based upon negligence, claims arising out of the termination of any user’s account, claims based upon a determination of a user’s ineligibility to use the Site or the Site Services (including claims arising under the Fair Credit Reporting Act), but shall not apply to intentional misconduct or claims for personal injuries.

Indemnification. By agreeing to these Terms, you agree to defend, indemnify, and hold ShiftMed.com, including its affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders, harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Site and/or the Site Services, including but not limited to: (1) your breach of these Terms; (2) your violation of any law or the rights of a third party as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through ShiftMed.com or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (4) any other activities in connection with the Site and Site Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

No Registered User has actual or apparent authority to sign agreements on behalf of ShiftMed.com or bind ShiftMed.com into a contract. You hereby agree to promptly defend against any losses, claims, damages, liabilities or expenses connected with the Site and/or the Site Services but will not settle without consulting ShiftMed.com and obtaining its prior written consent. You will allow ShiftMed.com to participate, through separate counsel, in the defense of any such loss, claim or other action.

Privacy Policy

We are committed to protecting the privacy of certain data that is collected from you and that you submit when you access this Site. We recognize the sensitive nature of much of the information with which we are entrusted on a daily basis, and we are committed to the highest standards of privacy. The nature of our business requires that we gather information that is of a personal nature, whether it is financial, medical or other information that you wish to keep protected. The following outline is intended to familiarize you with our policies for the gathering, use, maintenance and protection of private information. The examples given are intended to be for illustrative purposes only, and therefore, should not be considered a complete representation of our practices.

Please review this policy carefully. If you have any questions or concerns about any of our practices, please contact us at 866-892-6221 or support@ShiftMed.com.

Information Collected. As you are probably aware, in the course of our relationship with you, we may collect information from a variety of sources. We collect this information in order to carry out our business functions and provide the highest quality of service to you. Most of our information about you comes directly from you. For example, we collect the personal information you provide, such as your name, email address and other information when you sign-up/register for an account. If you provide us feedback or contact us via email, we will collect your name, email address and the content of your email in order to send you a reply and/or provide the services you request.

If you are a Registered User Assigned Employee and have enabled location services on your mobile device, we will collect your location information to (a) show you available work assignments at nearby Client facilities; and (b) to verify whether you were at a particular facility or Care Seeker’s location at a particular time.

The Company may compile statistical information concerning the usage of the Site. This information allows the Company to monitor its utilization and continuously improve its quality. Examples of this information would include, but not be limited to, the number of visitors to the Site, or to sections or pages within the Site, patterns of traffic flowing through the Site, length of time spent on the Site, or in sections or pages of the Site, the other sites that refer visitors to the Site, the pages of the Site that visitors frequently use as entry and exit points, utilization of the browser and operating systems and versions used by visitors to the Site, etc.

In order to compile this information, the Company may collect and store your IP address, your operating system version, your browser version, the pages you visit within the Site, the length of time you spend on pages within the Site, the site from which you linked to ours, search terms you used in search engines which resulted in you linking to the Site, etc. While all of this information can be associated with the IP address your computer had while you visited the Site, it will not be associated with you as an individual or associated with any other information you may submit through the Site, or that Company may store about you for any other purposes.

The Company may use web site “cookies” in the process of compiling the statistical information mentioned above and to tailor certain pages of the Site for your browsing convenience. You have the option of setting your browser to reject cookies, but our Site may not function correctly if you do. Refer to the Help feature of your browser for information on disabling cookies.

The Site is not directed to children. The Company does not knowingly collect any personal information from children. If you are concerned about your child’s use of the Site, you may use web-filtering technology to supervise or limit access to the Site.

Disclosure of Information. In the course of our normal business activities, we may disclose collected information to both affiliates and non-affiliated entities, including but not limited to other users of the Site or Services, as we deem necessary. For example, and without limitation, the Company may need to use or disclose certain user-provided information with its third-party vendors to manage its website, defend litigation, or enhance its services. We also may share this information in connection with certain business transactions, such as the acquisition of all or substantially all of the Company’s assets. However, whenever feasible, we will not disclose any user’s personally identifiable information for any purposes other than those in conjunction with the business activities requested of us by such users unless otherwise permitted or required by law. We endeavor to choose non-affiliates with similar standards to ours regarding the protection of private information. We generally do not require that you provide any information to obtain access to most areas of the Site. To access some areas, you must be a Registered User. If you decide to provide personal information to us, we will not sell, license or transmit that information to third parties, except as described above or as otherwise required or permitted by law.

Do Not Track. “Do Not Track” is a privacy preference that you can set in your Internet search browser that sends a signal to a website that you do not want the website operator to track certain browsing information about you. However, because our Site is not configured to detect Do Not Track signals from a user’s computer, we are unable to respond to Do Not Track requests.

Safeguarding of Information. No system for safeguarding personal or other information is 100% secure. However, we take a number of steps to safeguard the security of personal information obtained through the Site. For example, our employees are trained to understand the importance of confidentiality and are required to adhere to our privacy policies and procedures. Employees who violate these policies and procedures are subject to disciplinary action. We employ numerous practices to protect against the disclosure of information for purposes unrelated to the performance of our business functions or to individuals other than those who must use it in the course of their work activities. These practices include the use of password protection of computer files, e-mail and voicemail, video surveillance, and other physical, electronic, and procedural safeguards.

Miscellaneous Provisions

Entire Agreement. These Terms of Use supersede any and all prior Terms of Use, agreements, and understandings, oral or written, express or implied regarding your use of the Site and/or Site Services. Nothing in these Terms of Use is intended or should be construed to change or supersede any provision of the ShiftMed Employee Handbook or your individual Employee Arbitration Agreement. To the extent, there is a conflict between any provision of these Terms of Use, and any provision of the Employee Handbook or your Employee Arbitration Agreement, the terms of the Handbook and/or Arbitration Agreement shall control.

Age Restrictions. ShiftMed.com will not knowingly collect any information from individuals under 18. You must identify your age during the registration process, and we do not assume any responsibility for any misrepresentations regarding your age when using this Site. Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated immediately.

Copyright Notices/Complaints.

Notices. You understand and acknowledge that the software, code, proprietary methods, and systems used to provide the Site or Site Services are: (a) copyrighted by us and/or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. The Site or Site Services may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to the Site or Site Services. Nothing in these Terms grants you any right to make or receive delivery of a copy of the Site or Site Services or to obtain access to our Site or Site Services except as generally and ordinarily permitted through the Site according to these Terms. Furthermore, nothing in these Terms will be deemed to grant, by implication, estoppel or otherwise, a license to our Site or Site Services. Certain of the names, logos, and other materials displayed on the Site constitute trademarks, trade names, service marks or logos (“Marks”) of ShiftMed.com, our affiliates or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third-party software provided in connection with the Site or Site Services will be governed by such third parties' licenses and not by these Terms.

Complaints. It is ShiftMed.com’ s policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting ShiftMed.com’ s copyright agent (identified below) and providing the following information:

ShiftMed.com’s agent for copyright issues relating to this Site is as follows: Copyright Agent, Legal Department, ShiftMed.com, Inc., 7925 Jones Branch Drive Suite 2200 McLean, VA 22102, Phone: 866-892-6221, Fax: 866–319–6775.

In an effort to protect the rights of copyright owners, ShiftMed.com maintains a policy for the termination, in appropriate circumstances, of Registered Users and other users of this Site who are repeat infringers.

Governing Law and Jurisdiction. These Terms and any dispute between you and ShiftMed.com shall be governed by the laws of the Commonwealth of Virginia without regard to principles of conflicts of law, provided that the Federal Arbitration Act shall govern the Arbitration Agreement.

Miscellaneous. Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, or legal representative, of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way affect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. Each of ShiftMed.com’s fiduciaries, administrators, officers, directors, affiliates, subsidiaries, parents, successors, and assigns are expressly made a third-party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors, and assigns of the parties hereto.

Contact Information. If you have any questions or need further information as to the Site or Services provided by ShiftMed.com or need to notify ShiftMed.com as to any matters relating to the Site or Services please contact ShiftMed.com at Legal Department, ShiftMed.com, 7925 Jones Branch Drive Suite 2200 McLean, VA 22102 or support@ShiftMed.com.