Created July 27, 2016
Last Updated July 27, 2016
ACCEPTANCE OF TERMS
PASSWORD AND SECURITY
You may need an account with us to use some Services. If you are assigned an account, you are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
USING THE SERVICES
User Content. You retain ownership of any User Content (as defined below) that you post to the Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Service, you are granting us, our affiliates, and our respective officers, directors, employees, consultants, agents, and representatives a perpetual, non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, modify, analyze, create derivative works (such as those resulting from translations, adaptations or other changes made so that the User Content works better with the Services), communicate, publish, publicly perform, publicly display and distribute such User Content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Services, and to develop new services. This license continues even if you stop using the Services. You will not be compensated for any User Content unless otherwise agreed to by us in writing. You agree that we may publish or otherwise disclose your name in connection with your User Content. By posting the User Content on the Services, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, use, distribute, reproduce, modify, adapt, publicly perform, and publicly display the User Content.
Compliance with Laws. When accessing or using the Services, you agree to comply will all applicable international, country specific, federal, state and local laws, rules and regulations (“Applicable Laws”), including, without limitation, any Applicable Laws with to respect the patent, copyright, trademark, and intellectual property rights of others. You agree not to upload, download, display, perform, transmit, or otherwise distribute any User Content in violation of any Applicable Laws, including, without limitation, any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You shall be solely responsible for any violations of any Applicable Laws including any infringements of any third party rights caused by any access or use of the Services, or any User Content provided or transmitted by you or your account. The burden of proving that any User Content does not violate any Applicable Laws or third party rights rests solely with you.
Prohibited Uses. We impose certain restrictions on your permissible use of the Services. You agree not to misuse the Services or violate, or attempt to violate, any security features of the Services, which includes, without limitation, not doing any of the following:
(a) any unauthorized copying, redistribution, publication, or re-transmission of any portion of the Services, or making the Services available to anyone other than an authorized user;
(b) selling, reselling, renting or leasing the Services;
(c) attempting to disassemble, decompile, reverse engineer, or extract the source code, underlying structure, ideas, or algorithms of the Services, or attempting to create derivative works based upon all or part of the Services;
(d) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
(e) attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or to breach security or authentication measures without proper authorization;
(f) interfering or attempting to interfere with service to any user, hose, or network; including, without limitation, by means of submitting a virus, worm, Trojan horse, or other malware or harmful code (“Harmful Code”) to the Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
(g) uploading, posting, emailing, transmitting or otherwise making available any unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
(h) forging any TCP/IP packet header or any part of the header information in any email or any posting using the Services;
(i) falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of the software or other material contained in a file that is uploaded;
(j) violating any code of conduct, policies, procedures, or other guidelines that may be applicable for any particular Service;
(k) rendering the Services inaccessible to others or otherwise causing damage to the Services or the FlexCare Content;
(l) using the Services in any manner that might interfere with the rights of third parties;
(m) taking any action that might compromise the security of the Services; and
(n) harvesting or otherwise collecting information about others, including email addresses, without their consent.
Any violation of system or network security may subject you to civil and/or criminal liability.
Contributions. Unless otherwise agreed upon in writing by us, by submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to FlexCare, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) we shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) we may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of FlexCare without any obligation of FlexCare to you; and (f) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.
Notice of Copyright or Intellectual Property Infringement
We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on with the Services. We have adopted a policy the provides immediate suspension and/or termination of any Service user who is found to have infringed on the rights of Company or a third party, or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located in the Services;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
990 Reserve Dr, Ste 250
Roseville, CA 95678
Email: info [at] flexcarestaff.com
The Services (including, without limitation, the website, software, and FlexCare Content) are provided on an “as is, as available” basis. EXCEPT AS EXPRESSLY PROVIDED HEREIN, we MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TILE or non-infringement, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OR THAT THE SERVICES WILL BE COMPLETE, timely, RELIABLE, CURRENT, and free from harmful code, OPERATE WITHOUT INTERRUPTION OR BE ERROR-FREE.
OUR LIABILITY TO YOU IS LIMITED. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH us IS TO DISCONTINUE YOUR USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL we, our AFFILIATES, OR our respective officers, directors, employees consultants, agents, and representatives BE LABILE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) however caused, whether in contract, tort or under any other theory of liability, and whether or not we have been advised of the possibility of such damages. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, FLEXCARE’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING MAY NOT APPLY TO YOU.
Attorney’s Fees. In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
Correction of Errors and Inaccuracies. The FlexCare Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. FlexCare therefore reserves the right to correct any errors, inaccuracies, or omissions and to change or update the Content at any time without prior notice. FlexCare does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
No License. Nothing contained in the Services should be understood as granting you a license to any of the trademarks, service marks, or logos owned by us or by any third party.
Independent Contractors. No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind us in any respect whatsoever.