FlexCare Terms of Use

 

Last Modified: May 20, 2020

 

Welcome to FlexCare.

Our Website provides tools and resources to help FlexCare, LLC match you with the best possible travel nursing job opportunities in the nation.

The following terms and conditions, govern your access to and use of our Website, including any content, functionality, features, or services offered on or through it.

By using our Website and/or by clicking to agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy

If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use our Website.

 

Changes to the Terms of Use

FlexCare may revise and update these Terms of Use from time to time in our sole discretion. 

All changes are effective immediately when we post them and apply to all access and use of our Website after the change. Your continued use of our Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

Accessing Website and Account Security

We reserve the right to withdraw or amend our Website, and any service or feature we provide on it, in our sole discretion without notice. 

We will not be liable if for any reason all or any part of our Website is unavailable at any time or for any period. 

From time to time, we may restrict your access to some parts of or the Website.

To access some of the resources our Website offers, you may be asked to provide certain registration details or other information. 

It is a condition of your use of our Website that all the information you provide is correct, current, and complete.

If you choose or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. 

You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to disable any user name, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

SMS Messaging

For FlexCare Job Alerts, messaging frequency varies. When you opt-in to receive text messages, we will send you an SMS message to confirm your sign-up. Text STOP to opt-out or HELP for help. Messaging and data rates may apply. Carriers are not liable for delayed or undelivered messages.

 

Intellectual Property Rights

Our Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us or our partners and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not:

  1. modify copies of any materials from this site
  2. delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site
  3. access or use for any commercial purposes any part of our Website or any services or materials available through our Website

No right, title or interest in or to, or any content on our Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of our Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

 

Your Content

You own the copyright in your content. By posting or uploading your content to our Website you grant us a non-exclusive, perpetual, sub-licensable, royalty-free, worldwide license. We need this license so that we can perform the services you registered for. This license allows us to store and show your content to other users. This license does not allow us to sell your content.

If you believe that any content on this site infringes on your intellectual property, please email [email protected].

 

Trademarks

Our name, our logo, and all related names, logos, product and service names, designs, and slogans are our trademarks. You must not use such marks without the prior written permission of us. All other names, logos, product and service names, designs, and slogans on our Website are the trademarks of their respective owners.

 

Prohibited Uses

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

  1. Are not over the age of 18.
  2. If you a competitor of us or using the Services for reasons that are in competition with us.
  3. 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).
  4. 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.
  5. To send, knowingly receive, upload, download, use, or re-use any material which you do not own or control all rights in.
  6. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  7. To impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  8. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Website, or which, as determined by us, may harm us or users of our Website or expose them to liability.

Additionally, you agree not to:

  1. Use our Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of our Website, including their ability to engage in real-time activities through our Website.
  2. Use any robot, spider or other automatic devices, process, or means to access our Website for any purpose, including monitoring or copying any of the material on our Website.
  3. Use any manual process to monitor or copy any of the material on our Website or for any other unauthorized purpose without our prior written consent.
  4. Use any device, software, or routine that interferes with the proper working of our Website.
  5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  6. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our Website, the server on which our Website is stored, or any server, computer or database connected to our Website.
  7. Attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
  8. Otherwise attempt to interfere with the proper working of our Website.

 

Monitoring and Enforcement; Termination

We have the right to:

  1. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Website.
  2. Terminate or suspend your access to all or part of our Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the obligation to fully cooperate with any law enforcement authorities, subpoena or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Website. BY USING OUR WEBSITE YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF INVESTIGATIONS UNDERTAKEN BY US PURSUANT TO LAW ENFORCEMENT REQUEST, SUBPOENA, OR COURT ORDER AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY US, LAW ENFORCEMENT AUTHORITIES, OR ANY OTHER THIRD PARTY RECIPIENT OF INFORMATION RECEIVED PURSUANT TO A VALID SUBPOENA OR COURT ORDER.

 

Information About You

All information we collect on our Website is subject to our Privacy Policy. By using our Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that our Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. 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 OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY OUR WEBSITE LINKED TO IT.

YOUR USE OF OUR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE IS AT YOUR OWN RISK. OUR WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER US NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER US NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT OUR WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification

You agree to defend, indemnify and hold us harmless, and our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of our Website, including, but not limited to, any use of our Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from our Website.

 

Governing Law and Jurisdiction

All matters relating to our 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 California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or our Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California (in each case located in the City of Roseville and County of Placer). You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Waiver and Severability

No waiver by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us with respect to our Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our Website.

 

Your Comments and Concerns

This Website is operated by FlexCare, LLC, 532 Gibson Dr #100, Roseville, CA 95678

All other feedback, comments, requests for technical support, and other communications relating to our Website should be directed to: [email protected].

 

Thank you for visiting our Website.