Terms Of Use

FLEXCARE

TERMS OF USE

Created July 27, 2016
Last Updated July 27, 2016

ACCEPTANCE OF TERMS

Thank you for using our website and services (the “Services”), which include tools and resources to help FlexCare match you with the best possible travel nursing job opportunities in the nation. The Services are provided by FLEXCARE, LLC (“FlexCare,” “we,” “us,” and “our”), and are subject to the following Terms of Use.

When using particular Services, additional terms, licenses, or product requirements may apply (“Additional Terms”), and those Additional Terms and conditions are incorporated into these Terms of Use by reference if you use those Services.

By using our Services, you agree to be bound by the Terms of Use, as may be modified by us from time to time in our sole discretion. You will be able to find the most current version of these Terms of Use at http://www.flexcarestaff.com/terms-of-use. It is your responsibility to review the Terms of Use periodically; and, if at any time you find the Terms of Use unacceptable, you must immediately cease all use of the Services. Your continued use of the Services following the posting of the changes will mean that you accept and agree to the changes.

If you are using the Services on behalf of a business, that business also agrees to be bound by the Terms of Use.

PRIVACY POLICY

Our privacy policy explains how we treat your personal data and protect your privacy when you use our Services. Our privacy policy is incorporated into the Terms of Use by this reference. You will be able to find the most current version of the privacy policy at http://www.flexcarestaff.com/privacy-policy.

SERVICES ELIGIBILITY
We offer the Services to you provided that you meet the following criteria and represent and warrant that you: (a) are 18 years of age or older and that you are legally able to enter into this agreement; (b) have provided true, accurate, current, and complete information about yourself; (c) will maintain and promptly update your information to keep it true, accurate, current, and complete; (d) are not currently restricted from the Services, or not otherwise prohibited from having an account with us; (e) are not a competitor of us or using the Services for reasons that are in competition with us; (f) have full power and authority to enter into the Terms of Use and doing so will not violate any other agreement to which you are a party; and (g) will comply with the terms and conditions of the Terms of Use.

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

Use of Software and Services. As part of the Services, we may make certain software, including without limitation all files and images contained in or generated by the software, and accompanying data (collectively “Software”) available to you. Any such Software is the copyrighted work of FlexCare and/or our licensors; and your use of such software is governed by these Terms of Use and the Additional Terms that accompany or are included with the Software. Your use of such Software indicates your acceptance of these Terms of Use and the Additional Terms. We do not transfer either the title or the intellectual property rights to the Services (including any Software) by these Terms of Use or any Additional Terms, and we retain full and complete title to the Services (including any Software) as well as all intellectual property rights therein.

FlexCare Content. All information or other content contained in the Services (collectively “FlexCare Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such FlexCare Content, is owned, controlled by or licensed to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use and any additional Software license agreement between us, no part of the Services (including any FlexCare Content) may be copied, posted, uploaded, displayed, performed, transmitted, or used in any manner without our prior written consent.

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.

Inappropriate Content. You agree not to upload, download, display, perform, transmit, or otherwise distribute any User Content that (a) infringes a third party’s intellectual property rights; (b) is libelous, defamatory, obscene, pornographic, abusive, threatening, or otherwise unlawful or tortious; (c) advocates or encourages conduct that could constitute a criminal offense, gives rise to civil liability, or otherwise violates any applicable local, state, national, or foreign law or regulation; or (d) could damage us or our affiliates. We reserve the right to terminate your receipt, transmission, or other distribution of any such material using the Services, and, if applicable, to delete any such material from the Services and our servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of the Terms of Use or of any Applicable Laws.

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:

FlexCare

990 Reserve Dr, Ste 250


Roseville, CA 95678

Email: info [at] flexcarestaff.com

Alleged Violations

We reserve the right to terminate your use of the Services at any time. To ensure that we provide a high quality experience for you and for other users of the Services, you agree that we or our representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Services. We do not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your account or your access to the Services immediately, with or without notice to you, and without liability to you, if we believe that you have violated any of the Terms of Use, furnished us with false or misleading information, or interfered with use of the Services by others.

Affiliated Sites

We have no control over, and no liability for any third party websites, services, or materials. We work with a number of partners and affiliates whose Internet websites may be linked with the Services. Because we do not have control over the content and performance of these partner and affiliate websites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such websites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those websites. Similarly, from time to time in connection with your use of the Services you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, the Terms of Use shall govern your use of any and all third party content.

No Warranties

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.

Limited Liability

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.

Indemnity

You understand and agree that you are personally responsible for your behavior on the website. You, and any business you represent, agree to indemnify, defend, and hold harmless us, our affiliates, and our respective officers, directors, employees consultants, agents, and representatives from any and all claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from or related to (a) your access to or use of the Services, (b) User Content you submit, post, transmit, modify, or otherwise make available through the Services, (c) your violation of the Terms of Use, or (d) your violation of any rights of another.

General

Entire Agreement. The Terms of Use (including any Additional Terms), make up the entire agreement between the parties regarding the Services, and supersede any prior agreements or understandings or prior versions of the Terms of Use.

Governing Law; Forum. The Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in the State of California.

Severability; Waiver. If, for whatever reason, a court of competent jurisdiction finds any term or condition in the Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of the Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

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.

Assignment. You may not transfer any of your rights or obligations under the Terms of Use to anyone else without the prior written consent of us.

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.

Survival. The following sections shall survive any expiration or sooner termination of these Terms of Use: “No Warranties,” “Limited Liability,” “Indemnity,” and “General,” along with any other provisions which by their sense and context are meant to survive.

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.

No Third Party Rights. The Terms of Use control the relationship between us and you. They do not create any third party beneficiary rights.

Modifications. We may, in our sole discretion, with or without prior notice, (a) revise the Terms of Use; (b) modify the Services; and (c) discontinue, temporarily or permanently, the Services (or any part thereof) at any time. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services (or any part thereof). You also agree to review the Terms of Use periodically to be aware of any revisions; and that, by continuing to use or access the Services following any revision, you shall abide by any such revision.

Acknowledgement. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

"I absolutely love working with my recruiter and FlexCare! I plan to continue to travel with her and this company and have nothing negative to say about my experience!"

Kaysha G. – ER RN