ShiftMed.com Terms of Use

Effective Date: 22-Oct-2021

Last Updated: 07-Jun-2023 

TERMS OF USE

PLEASE READ THESE TERMS OF USE (“Terms”) CAREFULLY BEFORE USING THIS SITE. By using this Site, you signify your assent to these Terms and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these Terms, please do not use the Site. THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED BY THE INTERNAL LAWS OF THE STATE OF VIRGINIA WITHOUT REGARD TO THE CONFLICTS OF LAW PROVISIONS THEREOF.

  1. This web site, other branded websites, web pages, mobile applications and mobile websites (collectively, the “Site”) is owned and operated by ShiftMed, LLC (“ShiftMed”). The Site and its contents may only be accessed for personal use or otherwise for the purpose they were intended.

  2. There are also certain services and resources provided through the Site to select individuals (collectively referred to as “Site Services”). Full access to these Site Services is restricted to employees of ShiftMed. Nonemployees may access the Site Services on a limited basis, including accessing resources necessary for the employment application process.

    1. The Site enables direct communication between ShiftMed and its employees on work assignment availability and work scheduling matters. The Site enables applicants to register and access a skills assessment questionnaire as part of the pre-employment evaluation process. Qualified applicants who accept an offer of employment from ShiftMed are eligible for full access to the Site Services. ShiftMed reserves the right to discontinue any or all of the existing Site Services or introduce new Site Services at any time for any reason.

    2. To be eligible to use the Site Services, you must have accepted and agreed to the Terms.

    3. Creating an Account. ShiftMed users and applicants will not have full access to the Site Services without first becoming a “Registered User” In order to use the full 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 the 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.

    4. Termination of Use or Registration. ShiftMed reserves the right, at its sole discretion, to immediately terminate your access to all or part of the Site or the Site Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in ShiftMed, with or without notice should ShiftMed determine that you (i) have violated any terms stated herein, (ii) are not suitable for participation as a Registered User, (iii) have misused or misappropriated Site content, including but not limited to use on a “mirrored,” competitive, or third-party site, or (iv) are not eligible for continued employment by ShiftMed for any other reason. In any event, ShiftMed also reserves the right, in its sole discretion, to terminate your access to all or part of the ShiftMed 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, for good 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. ShiftMed’s 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.

    5. Exclusive Use. A Registered User may use their account only to (i) find available work assignments with ShiftMed clients, (ii) correspond with ShiftMed regarding acceptance, performance and/or termination of accepted work assignments, (iii) communicate continued or discontinued availability for further work assignments, and (iv) maintain or update credentials. A Registered User 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 if any component of your login credentials is lost, stolen, or otherwise compromised; and acknowledge that ShiftMed relies on the truthfulness of these representations and affirmations in determining your eligibility to use the Site and Site Services.

    6. No Registered User has actual or apparent authority to sign agreements on behalf of ShiftMed or bind ShiftMed into a contract.

  3. No material from ShiftMed or any web site owned, operated, licensed or controlled by ShiftMed may be used for any commercial or resale purposes. Furthermore, no materials may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of ShiftMed’s copyright and other proprietary rights.

  4. Copyright 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 ShiftMed or any 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 the prior written permission and the prior written permission of the 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 grant you any right to make or receive delivery of a copy of the Site or Site Services or to obtain access to the ShiftMed 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 the ShiftMed 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, its 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. For purposes of these Terms, the use of any such material on any other web site or networked computer environment is prohibited. All Marks are proprietary to ShiftMed or other respective owners that have granted ShiftMed the right and license to use such Marks. Any use of content or descriptions; any derivative use of this Site or its contents; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall you frame any portion of the Site or any content contained therein.

  5. While ShiftMed uses reasonable efforts to include accurate and up-to-date information on the Site, ShiftMed makes no warranties or representations as to its accuracy. ShiftMed assumes no liability or responsibility for any errors or representations in the content of this Site.

  6. The Site may contain links to other sites on the Internet that are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that ShiftMed is not responsible for the availability of, or the content located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

  7. Users of the Site may post comments, reviews, and other content and submit suggestions, ideas, or other information, provided the content does not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or content which infringes upon the rights of any third party. You agree not to impersonate any person and/or other entity or communicate under a false name or a name you are not entitled or authorized to use. ShiftMed has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.

  8. If you post content or submit material you grant ShiftMed and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, you grant ShiftMed, its affiliates, and sublicensees the right to use your name and/or username in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. You will defend and indemnify ShiftMed and its affiliates from any claims resulting from any content or materials you provide hereunder. In addition, ShiftMed may also sell, repurpose, aggregate, or transfer to third parties any information that you provide to ShiftMed and any additional information that can be obtained or determined from such information for any legally permissible purposes.

  9. Content Restrictions. The following rules pertain to “Content,” defined, for the purposes of this section, 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 Site Services (hereinafter, “post”). By posting any Content while using the Site or Site Services, you agree, represent and warrant as follows:

    • You are responsible for providing accurate, current, and complete information in connection with your registration for use of the Site and the Site Services; • You will register your account in your own legal name; • All Content you post will be in English as the Site and Site Services are not currently supported in any other languages; • You will only post Content that you intend to appear on the publicly accessible Site or Services, unless otherwise indicated; • You are solely responsible for any Content that you post on the Site, including transmission to other users of the Site. You will not post on the Site, including transmission to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, religiously, or otherwise objectionable, offensive or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement, HIPAA violations or computer misuse, or give the impression or suggest that any Content emanates from ShiftMed.com. You will not knowingly, willfully, or negligently post or provide inaccurate, misleading, defamatory, or false Content either to ShiftMed or to any other user of the Site. All opinions stated as part of Content must be genuinely held; • By creating your account, you represent that you have the right and authority to post all information you post about yourself or others, including without limitation that you have valid authorization from a parent or guardian of any minor who is the subject of any Content you post to post such Content; • ShiftMed.com is not obligated to but retains the right and may at any time review and delete any Content, in each case in whole or in part, that in the sole judgment of ShiftMed violates these Terms or might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others; • You have the right to, and hereby grant to ShiftMed, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content (except for personally identifying information and protected health information as defined by the Health Insurance Portability and Accountability Act of 1996) by ShiftMed will not infringe or violate the rights of any third party; • Your use of the Site Service, including but not limited to the Content you post on the Site, must be in accordance with any and all applicable laws and regulations; • ShiftMed is not responsible for any claims resulting from any inaccurate, untimely or incomplete Content provided by users of the Site; • Content posted by users, and not directly by ShiftMed, is that of the respective authors. Such authors are solely responsible for such Content. ShiftMed does not: (i) guarantee the accuracy, completeness, or usefulness of any Content on the Site or available through the Site Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Site Services;

  10. You agree that you will not under any circumstances:

    • Use the Site, Site Services, or any information or content contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive; • Use the Site or Site Services for any unlawful purpose, or for the promotion of illegal activities; • Harass, abuse or harm another person or group, or attempt to do the same; • Use another user’s ShiftMed.com account; • Provide false or inaccurate information when registering an account on ShiftMed.com, using the Site Services, or communicating with other Registered Users; • Attempt to re-register with ShiftMed.com if ShiftMed has terminated your account, or terminated your employment with ShiftMed; • Interfere or attempt to interfere with the proper functioning of ShiftMed’s Site Services, including without limitation the operation of the Site; • Make any automated use of the Site or the Site Services, or take any action that ShiftMed deems to impose or to potentially impose an unreasonable or disproportionately large load on the servers or network infrastructure; • Bypass any robot exclusion headers or other measures we take to restrict access to the Site or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data; • Use the communication systems provided by, or contacts made on, ShiftMed.com or the Site Services for any commercial solicitation purposes other than those relating to seeking a care providing referral with a ShiftMed client; or • Publish or link to malicious content including without limitation any malware, viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or intended to damage or disrupt another user’s browser or computer or access to the Services.

    In order to protect other individuals from prohibited activity, we reserve the right to take appropriate actions which we deem appropriate in ShiftMed’s sole discretion.

  11. The Site may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms, the terms and conditions of the other area shall prevail. ShiftMed may at any time revise these Terms by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms to which you are bound. You are responsible for reviewing these modifications as published from time to time. Access to the Site Services constitutes your acceptance of any published modifications to the Terms. 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 will use its reasonable efforts to email you about changes we believe are significant concerning the use of the Site or these Terms.

  12. You shall not transmit to ShiftMed or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person's information without such other person's knowledge and permission.

  13. Mobile Text Message Service Terms and Automatic Telephone Dialing System Usage. The following terms in this section apply to everyone who: (1) signs up to receive one or more text or SMS or MMS messages from ShiftMed, or (2) sends us messages via SMS or MMS; or (3) authorizes autodialed calls pursuant to these Terms. To communicate with you more efficiently, we may at times contact you for employment-related purposes using calls or text messages, including calls and 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, or otherwise consent to text messages or calls in accordance with these Terms, you are expressly consenting to receive such text messages or calls on behalf of ShiftMed in the following circumstances (the “Text Services”):

    1. operational communications concerning your user account, sign up progress, use of ShiftMed’s Site Services, or features available in connection with the ShiftMed’s Site Services;

    2. communications relating to available work assignments with ShiftMed clients;

    3. news concerning ShiftMed and industry developments that affect your employment relationship with ShiftMed; and account verification communications.

    The Text Services may include messages that include or could be considered marketing, and you expressly consent to those marketing messages as well. You may opt out of the Text Services at any time by texting the word STOP to +1 (541) 809-2208, +1 (866) 948-0850 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 related to the Text Services. If you need help with our Text Services, text the word HELP to the above numbers. We do not charge a fee for the Text Services; however, depending on your messaging or phone 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 number of messages as part of the Text Services will vary. 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.

  14. App Stores. You acknowledge and agree that the availability of the ShiftMed mobile application (“Application”) is dependent on the third party from whom you received the Application license, i.e., the Apple App Store or Google Play (“App Store”). You acknowledge that the Terms are between you and ShiftMed and not with the App Store. ShiftMed, 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, the End-User License Agreement and 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.

  15. Password. You may not use your password for any unauthorized purpose.

  16. Privacy Policy. ShiftMed may retain, use and share information collected in your use of the Site, provided such information does not individually identify you. ShiftMed may collect, use and share your personal information in accordance with its Privacy Policy.

  17. Termination. We may terminate your access to the Site for any reason.

  18. U.S. Government Users Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of ShiftMed’s proprietary rights in them. ShiftMed Site pages may contain other proprietary notices and copyright information that should be observed.

  19. THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SHIFTMED SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS POSTED ON THE SITE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, SHIFTMED DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS.

  20. Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by ShiftMed, 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) or inclusion of advertisements do not constitute an endorsement by ShiftMed of these sites or their sponsors, 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 your reference and convenience. You access external site links at their own risk. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites. ShiftMed does not control such sites and is not responsible for their content. You 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’s Terms. ShiftMed expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. You hereby agree to hold ShiftMed harmless from any liability that may result from the use of links that may appear on the Site.

  21. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SHIFTMED OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF SHIFTMED OR A SHIFTMED AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 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 YOUR ACCOUNT OR ANY OTHER USER’S ACCOUNT, CLAIMS BASED UPON A DETERMINATION OF YOUR INELIGIBILITY OR ANY OTHER 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 CLAIMS FOR WHICH SUCH LIMITATION OF LIABILITY IS PROHIBITED BY APPLICABLE LAW.

  22. IN NO EVENT WILL THE LIABILITY OF SHIFTMED TO YOU FOR ALL CLAIMS IN THE AGGREGATE ARISING OUT OF THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE SITE OR SITE SERVICES, WHETHER ARISING IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EXCEED AN AMOUNT EQUAL TO THE GREATER OF THE FEES PAID TO YOU HEREUNDER IN THE ONE YEAR PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR $100.

  23. Indemnification. By agreeing to these Terms, you agree to defend, indemnify, and hold ShiftMed., including its affiliates, subsidiaries, parents, successors and assigns, and each of its 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 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, acts or omissions of you 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. You will allow ShiftMed to participate, through separate counsel, in the defense of any such loss, claim or other action. You will not settle without consulting ShiftMed and obtaining its prior written consent.

  24. Arbitration. All disputes, controversies and claims from or relating to these Terms and Conditions, including any subsequent updates, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules. The place of arbitration shall be held at the AAA location closest to McLean, Virginia and the proceedings shall be English. The arbitrator may award any form of individual or equitable and injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. The parties may also plead to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim relief, without breach of this paragraph and without reducing the scope of the powers of the arbitrator. You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. By agreeing to this provision, you waive your right to bring, join, or participate in a class action lawsuit related to these Terms and Conditions; however, you do not waive your rights or remedies to pursue an individual claim in binding arbitration. The preceding provision is an independent covenant, which you may opt out of by providing written notice of your decision within thirty (30) days of the date that you first use the Site.

  25. Age Restrictions. ShiftMed 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 the Site or Site Services, your registration will be terminated immediately.

  26. Entire Agreement. These Terms 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 are 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, and any provision of the Employee Handbook or your Employee Arbitration Agreement, the terms of the Handbook and/or Arbitration Agreement shall control.

  27. Effect of Agreement. 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 effect 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’ s fiduciaries, administrators, officers, directors, affiliates, subsidiaries, parents, successors, and assigns are expressly made a third-party beneficiary of these Terms and may enforce this agreement directly against you. These Terms will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

Other Information:

Copyright Complaints. It is ShiftMed’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 the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting ShiftMed’s copyright agent (identified below) and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

  • Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.

  • Your name, address, telephone number and (if available) e-mail address.

  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

  • A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

  • A signature or the electronic equivalent from the copyright holder or authorized representative.

ShiftMed’s agent for copyright issues relating to this Site is as follows: Copyright Agent, Legal Department, ShiftMed, LLC, 7925 Jones Branch Drive Suite 1100 McLean, VA 22102, Phone: 800–485–9002, Fax: 866–319–6775.

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

Contact Information. If you have any questions or need further information as to the Site or Site Services provided by ShiftMed or need to notify ShiftMed as to any matters relating to the Site or Site Services please contact ShiftMed at: Legal Department, ShiftMed.com, 7925 Jones Branch Drive Suite 1100 McLean, VA 22102 or support@ShiftMed.com.