Terms and Conditions
Welcome to ShiftDoc, https://www.shiftdoc.com (the “website”) owned and operated by ShiftDoc Inc. a Delaware Corporation.
ShiftDoc provides the website, an online platform connecting Healthcare Professionals seeking to provide professional services per diem or locum tenens work (the “Healthcare Professional Services” or “Healthcare Services”) and Healthcare Facilities seeking to engage Healthcare Professionals to perform services. “User,” “Users,” “you,” or “your” refer to all persons who access or use the Website, including but not limited to Healthcare Professionals and Healthcare Facilities. “Healthcare Professional” or “Healthcare Professionals” refer to those Optometrists, Opticians, Ophthalmic Technicians, Physical Therapists, Physical Therapy Assistants, Dentists, Pharmacists, Pharmacy Technicians, Registered Nurses, Surgical Technicians, Radiologic Technicians, Certified Registered Nurse Anesthetist, Medical Doctors, and other professionals who registered with ShiftDoc through the Website to provide Healthcare Services at Healthcare Facilities. “Healthcare Facility” or “Healthcare Facilities” refer to those Healthcare Facilities that register with ShiftDoc through the Website to engage Healthcare Professionals to provide Healthcare Services on their behalf.
The Terms govern the permitted and prohibited access to and uses of the Website and the respective rights of ShiftDoc and the Users with regard to the Website. ShiftDoc provides you with access to and use of the Website subject to your compliance with the Terms. The provisions contained herein supersede all previous notices or statements regarding our Terms.
By visiting the Website, you and other Users agree to the Website Use Terms. If you do not agree to the Website Use Terms, you may not access or use the Website. We may modify the Website Use Terms from time to time without notice to you by posting revised Website Use Terms on the Website with a new effective date. We include the effective date of our Website Use Terms at the top of the Website Use Terms. We encourage you to check our Website frequently to see the current Website Use Terms in effect and any changes that may have been made to them. By visiting the Website following any modifications to the Website Use Terms, you agree to be bound by such modifications.
We may modify the Healthcare Professional Terms or Healthcare Facilities Terms as required by the development of our business and with notice to the respective Healthcare Professionals or Healthcare Facilities. We include the effective date of our Healthcare Professional Terms and Healthcare Facilities Terms at the top of the respective Healthcare Professional Terms and Healthcare Facilities Terms. Such modifications to the Healthcare Professional Terms or Healthcare Facilities Terms shall take effect, and be binding on Healthcare Professionals and Clients, respectively, ten (10) days after such notification.
You agree to comply with all applicable laws, rules and regulations in connection with your access and use of the Website.
WEBSITE USE TERMS
Effective Date: July 23, 2017
- User Age and Access
By submitting information through the Website you represent that you are a United States resident over the age of 18.
The Website, including all of its contents, such as text, images and the HTML used to generate the pages (“Materials”), is our property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Website in whole or in part, for any public or commercial purpose without the specific written permission of ShiftDoc. We grant you a personal, non-exclusive, non-transferable license to access our Website and to use the information contained here. In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the Website for any purpose, subject to the express terms of the Terms.
- Rules and Limits on and Modifications to the Website
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Website, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Website or restrict your access to part, or all, of the Website without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
a. Specific Prohibited Uses. The Website may be used only for lawful purposes. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Website. ShiftDoc specifically prohibits any use of the Website, and requires all Users to agree not to use the Website, for any of the following:
i. Posting any information that is incomplete, false, inaccurate or not your own;
ii. Impersonating another person;
iii. Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or that fails to comply with accepted Internet protocol;
iv. Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
v. Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
vi. Posting material that infringes on any other intellectual property, privacy or publicity right of another;
vii. Transmitting or transferring (by any means) information or software derived from the Website to foreign countries or certain foreign nations in violation of United States export control laws; and
viii. Attempting to interfere in any way with the Websites’ or ShiftDocs’ networks or network security, or attempting to use the Websites’ service to gain unauthorized access to any other computer system.
b. Security Rules. Violations of system or network security may result in civil or criminal liability. ShiftDoc will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the User or Users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, the following:
i. Accessing data not intended for such User or logging into a server or account that User is not authorized to access;
ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
iii. Attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “mailbombing,” or “crashing,” or sending unsolicited e-mail, including promotions and/or advertising of products or services; or
iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
c. Non-Solicitation. You acknowledge and agree that ShiftDoc provides Users with a valued service in presenting Professionals to Clients. In return, to the extent consistent with applicable state law, Professionals shall not solicit or accept either a temporary engagement or permanent position directly with a Client, or an Affiliate of a Client, that was the subject of an Introduction to such Professional for a period of one (1) year after the date of the Introduction unless Client pays ShiftDoc a Reassignment Fee, as defined in each Client’s agreement with ShiftDoc. For purposes of this Section 3(c), an “Affiliate” of a Client includes, but is not limited to, an organization or person that has any form of direct or indirect business relationship with such Client, any entity comprised of one or more owners of such Client, or any successor to or assignee of such Client. For purposes of this Section 3(c), an “Introduction” shall be deemed to have occurred when a Professional has initiated contact with a Client and when a Client has initiated contact with a Professional through the ShiftDoc platform, regardless of whether there is a response to the initiated contact and regardless of whether the contact or any response is initiated or conducted through the Site or otherwise. In the event that there is any conflict or inconsistency between this Section 3(c) and the terms and conditions contained in the Professional Terms or another agreement between an individual Professional and ShiftDoc, the Professional Terms as applicable or such other agreement as applicable shall control.
- International Use
We control and operate the Website from our offices in the United States, and all information is processed within the United States. We do not represent that Materials on the Website are appropriate or available for use in other locations. Users who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- Proprietary Rights
a. As between you and ShiftDoc (or other company whose marks appear on the Website), ShiftDoc (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Website, and is the copyright owner or licensee of the Content and/or information on the Website, unless otherwise indicated.
b. Except as otherwise provided herein, use of the Website does not grant you a license to any Content, features or Materials you may access on the Website and you may not modify, rent, lease, lend, sell, distribute or create derivative works of such Content, features or Materials, in whole or in part. No Material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the Website. Any commercial use of the Website is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise authorized by ShiftDoc. If you make use of the Website, other that as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any User of our trademarks, registered trademarks, service marks, copyrightable material or intellectual property by including them on the Website.
c. The information on the Website including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law, including copyright law.
d. Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service marks or trade names of ShiftDoc or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
e. The ShiftDoc logos and service names are trademarks of ShiftDoc (the “ShiftDoc Marks”). Without ShiftDoc’s prior permission, you agree not to display or use the ShiftDoc Marks in any manner. Nothing on the Website should be construed to grant any license or right to use any ShiftDoc Mark without the prior written consent of ShiftDoc.
- Links from and to the Website
You may be able to link to third party websites (“Linked Websites”) from the Website. Linked Websites are not, however, reviewed, controlled or examined by ShiftDoc in any way and ShiftDoc is not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Websites, or any additional links contained therein. These links do not imply ShiftDoc’s endorsement of or association with the Linked Websites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Websites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Websites and any content contained thereon. In no event shall ShiftDoc be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Websites or the information or material accessed through these Linked Websites. You should direct any concerns to that site’s administrator or Webmaster. ShiftDoc reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Websites from the Website and/or introduce different features or links to different Users. Permission must be granted by us for any type of link to the Website. To seek our permission, you may write to us at the address below. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link and to require termination of any such link to the Website, at our discretion at any time.
You agree to defend, indemnify and hold ShiftDoc, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use or misuse of the Website, your violation of the Website Use Terms or the posting or transmission of any materials on or through the Website by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right. Healthcare Professionals and Clients may have separate indemnity obligations pursuant to the Healthcare Professional Terms or the Client Terms.
- DISCLAIMER OF WARRANTIES REGARDING WEBSITE
YOU UNDERSTAND AND AGREE THAT:
a. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION AND MATERIALS, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SHIFTDOC DOES NOT WARRANT THAT THE WEBSITE OR THE FUNCTIONALITY, CONTENT OR MATERIALS MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SHIFTDOC MAKES NO WARRANTY THAT THE WEBSITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE OPERATION OF THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
b. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
c. SHIFTDOC DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. SHIFTDOC IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES THAT IS WITHOUT THE DIRECT INVOLVEMENT OF SHIFTDOC.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL SHIFTDOC, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF SHIFTDOC OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF SHIFTDOC TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE SITE USE TERMS OR YOUR ACCESS TO OR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
- Severability; No Waiver.
If any provision of the Terms is held to be contrary to law, such provision shall be deemed valid only to the extent permitted by law, and all other provisions shall continue in full force and effect. ShiftDoc’s failure to require performance of any provision shall not affect its right to require performance at any time thereafter, nor shall ShiftDoc’s waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default.
- Governing Law
The Terms are enforceable pursuant to and in accordance with the laws of the State of California. Any dispute arising out of the Terms shall be decided by a court of competent jurisdiction in Los Angeles County, California.
- Successors and Assigns; No Assignment
The Terms shall be binding upon, and shall inure to the benefit of, ShiftDoc and the Users and their respective heirs, legal representatives, successors and assigns. Notwithstanding the foregoing, Healthcare Professionals may not assign any of their rights or delegate any of their duties under the Healthcare Professional Terms without receiving the prior written consent of ShiftDoc, which may be withheld at ShiftDoc’s sole and absolute discretion.
The subject headings of the sections of the Terms are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions.
Except as prohibited by law, any dispute between ShiftDoc and a User (or between ShiftDoc or a User, on the one hand, and any officer, director, employee or affiliate of ShiftDoc or a User, on the other hand) shall be resolved through binding arbitration in Los Angeles County, California under the Federal Arbitration Act. Nothing in this arbitration provision is intended to prevent ShiftDoc or a User from filing charges with state or federal agencies. By using the Website, you agree that Such arbitration shall be conducted on an individual basis only, not a class, collective or representative basis, and you waive right to bring class-wide, collective or representative claims before any arbitrator or in any forum. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATE DISPUTES YOU ARE WAIVING ANY RIGHT THAT YOU MIGHT OTHERWISE HAVE TO A JURY TRIAL. This arbitration provision is not intended to modify or limit the right of ShiftDoc or a User’s right to seek equitable relief, such as an injunction or attachment, through judicial process, which will not be deemed a waiver of the right to demand and obtain arbitration.
- Consent to Processing
By providing any personal information to the Website, all Users, including without limitation Users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States. Any inquiries concerning the Terms should be directed to ShiftDoc at the address below.
- Entire Agreement
The Terms, and any Shift or Assignment entered into by you from time to time, constitute the entire agreement between you and ShiftDoc relating to and governing your use of the Website, superseding any prior agreements between you and ShiftDoc.
You agree that no joint venture, partnership, employment, or agency relationship exists between ShiftDoc and you as a result of the Terms or your use of the Website.
- Time to Bring Claims
Any claim or cause of action you may have with respect to ShiftDoc or the Website must be commenced within one (1) year after the claim or cause of action arose.
Notices to Users may be made via either text message, email or regular mail. The Website may also provide notices of changes to the Website Use Terms or other matters by displaying notices or links to notices to Users on the Website. All notices under the Healthcare Professional Terms and under the Healthcare Facility Terms must be in writing and will be deemed given when delivered personally, by text message or by confirmed facsimile or email, one (1) day after being sent by nationally recognized courier service, or three (3) days after being sent by prepaid certified mail, to the address of ShiftDoc as set below or to such address as such Healthcare Professional or such Healthcare Facility last provided to ShiftDoc.
- Contacting ShiftDoc
To contact us with any questions or concerns in connection with the Terms or the Website, or to provide any notice under the Terms to ShiftDoc, please email [email protected].
We understand that privacy is important to you, and we are committed to respecting your privacy when you visit the shiftdoc.com website (the "website") and/or use any of ShiftDoc's services (the “Services”).
General Information Collection and Use
Our primary goal in collecting personal information are (a) to enable you to fully use the functionality available via the Site, (b) to provide you with a smooth, efficient, and customized experience, and (c) to send you information upon your request. In addition, we may use such information to improve our marketing and promotional efforts, to analyze site usage, to improve our content and product offerings, and to customize the content, layout and services of the Site. Specifically, and without limitation, we may use your personal information (a) for license reporting and assessment of Site service levels; (b) to better understand on an aggregated basis how our products and services are used, gauge use patterns and determine what types of content and services are most popular with users of our products and services; (c) to verify access rights to content, services or software; or (d) to provide you with information about ShiftDoc products, services.
Personally Identifiable Information
When you choose to become a registered user of the Service, you provide ShiftDoc account information that may include, without limitation: (a) your username and your private password required in order to provide you with the ability to use features of the Site, (b) and profiles created by you to store contact information about yourself (e.g., your name, your e-mail address, your phone number, your address, etc.) We use this information to enable you to use the Service via the Site and to ensure compliance with intellectual property laws. For example, your account information is stored on servers controlled and accessed by ShiftDoc and if you forget your log-in password, you will be asked to enter your e-mail address on record with ShiftDoc in order to gain access to the Service as a registered user. Moreover, we collect additional information from you when you provide us with online comments or feedback via our Site or post information about yourself or others to or through our Site. This information, if any, may be available to others accessing the Site. We work to process and maintain accurately the information that you share with us and will use commercially reasonable efforts to allow you the ability to change or modify your user information in order to enhance your ability to use the Service for its intended purposes.
Additionally, when you pay for to use the Service, ShiftDoc collects your contact information (such as your address) and financial information (such as your credit/debit card information). ShiftDoc does not store your financial information and uses a third party provider to process such payment.
Third Party Uses
We may share some of your personally identifiable information with certain service providers for the purpose of improving, maintaining, and monitoring the Service and the Site, and facilitating the services that ShiftDoc offers to you. This includes third party payment processing providers.
In addition, we sometimes employ other companies and individuals to perform promotional, marketing and data analysis functions on our behalf, such as analyzing data, processing credit card and on-line payments and providing customer service. These companies and individuals have access to personal information needed to perform their functions, but may not use it for any other purpose.
The demographic information you provide is collected by us and may be disclosed in aggregate to third parties. This aggregate information will not be used to personally identify you or your computer.
Like most Internet services, we use log files on the server side. The data held in log files includes your IP address, browser type, e-mail application, Internet service provider ("ISP"), referring/exit Web pages, computer platform type, date/time stamp, and user activity. ShiftDoc uses server log data to analyze trends, administer the services offered through the Site and the Site. IP addresses are not tied to any personally identifiable information.
The software enabling the Site has associated log and temporary files that are stored on ShiftDoc's servers. These files store your account information, preference settings, system notifications as well as other data necessary to enable you to participate on the Site. Your information may also exist within regularly performed server backups.
We are concerned about the security of personal information collected from you and have taken reasonable steps to prevent unauthorized access to that information. We care about the security related to your use of the Service, and the Site, and use standard industry practices to safeguard your personally identifiable and financial information. With respect to on-line payments, we use third-party providers encryption and secure https protocol to communicate with your browser software, which guards against interception of on-line payment and/or credit card information you give us. We also employ security techniques to protect your personally identifiable information from unauthorized access by users inside and outside the organization. You should be aware, however, that "perfect security" does not exist on the Internet; third parties may unlawfully or improperly intercept or access transmissions, personal information, or private communications. As such, we cannot make any assurances that a security breach will not occur.
Other Information Collectors
Your California Privacy Rights
Users who reside in California can prevent future disclosures for direct marketing purposes of his or her personally identifiable information, at no charge, by exercising his or her "opt out" rights by using the "opt out" procedures described below:
You can send email to: [email protected]
Additionally, upon receipt of any electronic communication from ShiftDoc, to unsubscribe from future communications, you can click on the link that says words substantially to the effect of "If you do not wish to receive these emails in the future, You can click here to unsubscribe."
Because ShiftDoc provides its California users with the ability to exercise his or her "opt out" rights as described above, pursuant to Section 1798.83 (c)(2) of the California Civil Code, ShiftDoc is in compliance with the California "Shine the Light" law and is not obligated to provide California users with the names and addresses of all the third parties that received personal information from ShiftDoc for the third parties' direct marketing purposes during the preceding calendar year.