Terms AND
CONDITIONS For Members and Prospective Members
These terms and conditions (“Terms and Conditions”)
are made and entered into between TALENT PRONTO, LLC, a Delaware limited
liability company, DBA as STATCHECK, with its registered office at 418 W.
Garden St., Pensacola, FL 32502 (referred to as “STATCheck” or “We” or “Us”)
and you (“You” or “you”), an individual who is seeking to use and/or using STATCheck’s
platform (http://statcheck.us)(“Platform”).
By using STATCheck’s Platform (http://statcheck.us),
you acknowledge and agree that you have read, understood, and accepted these
Terms and Conditions. You understand and agree that these Terms and Conditions
apply to any use of the Platform or related services provided by STATCheck and
may be revised and updated at any time by STATCheck in STATCheck’s sole
discretion. All changes are effective
immediately upon posting and apply to all access to and use of the Platform
thereafter. Your use of the Platform and services provided by STATCheck
following the posting of revised Terms and Conditions shall mean that you
accept and agree to the changes. You are
expected to check this page each time you access the Platform so you are aware
of any changes, as they are binding on you.
1. Description
of Platform; Limitations; User Responsibilities
1.1 About Our Services
STATCheck
offers a platform for health care organizations (“Employers”) to post job and
contractor opportunities for health care professionals (“Members”) and also to browse
for possible employment or contractor candidates. The Platform also enables individuals (“Members”)
to post profiles of themselves on the Platform and also to browse for available
jobs and contract opportunities. Further,
the Platform offers certain related services (“Services”), such as the
functional ability for Employers and Members to communicate with each other
about employment and contractor opportunities.
1.2 Limitations on Platform and Services
- We
do not employ you or any other Member and are not responsible for the acts
or omissions, whether online of offline, of any Organization that uses the
Platform. You
understand and agree that Employers are responsible for their own
compliance with applicable laws connected to employment, contracting, or
otherwise.
- We
do not make any representations about the reputation, priorities, policies
or actions of Employers whether in public, private or offline
interactions.
- We
are not an employment agency or a nurse registry. We do not secure or procure employees or
contractors for any Employers, nor do we secure or procure opportunities
for employment or contracting for any Members.
- We
do not control, monitor, supervise, or oversee the quality, timing, hours,
pay, legality, or any other aspect of Employers, nor do we require Members
to accept or work any jobs or deliver any services for one or more Employers.
- We
do not provide any medical, diagnostic, treatment or clinical service or
engage in any conduct that requires a professional license.
2. Eligibility for Membership and for Use of the
Platform and Services
By
requesting to use, registering to use, and/or using the Platform or the
Services, you represent and warrant that you have the right, authority and
capacity to enter into these Terms and Conditions and you commit to abiding by these
Terms and Conditions. You also represent and warrant that you meet the
following eligibility criteria:
- You
intend to use the Platform and Services solely for the purpose of finding health
care jobs or contracting opportunities.
To be clear, the Platform and Services are available only to
individuals who are eighteen (18) years of age or older. If you do not
meet this age requirement, do not register to use or use the Platform or
Services.
·
You
are licensed or credentialed by the relevant state health agency in the state
in which you want to work.
- You
are legally permitted to work within the United States or Puerto Rico.
You
understand that STATCheck may separately seek your consent to perform a
background check to determine whether you are eligible for membership.
STATCheck
fully reserves the right to determine whether a particular individual qualifies
for membership or remains qualified for membership in each instance.
3. Rules
for User Conduct and Use of Services
3.1
Initial
Member Requirements
In
addition to being a licensed or otherwise credentialed professional in good
standing in the state in which you want to work, all new Members are expected
to upload their resume and create a Member Profile.
3.2 Registration,
Posting, and Content Restrictions
- You are responsible for
providing accurate, current and complete information in connection with
your account set-up and maintenance.
- You will register your account
in your own legal name.
- You are solely responsible for
any Content that you post on the Platform or transmit to other users of
the Platform. You will not post on the Platform, or transmit to other
users, any defamatory, inaccurate, abusive, obscene, profane, offensive,
sexually inappropriate, threatening, harassing, defamatory, racially
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 or computer misuse, or give the impression that any
Content emanates from STATCheck where this is not the case. You will not
provide inaccurate, misleading, defamatory or false information to STATCheck,
and all opinions stated as part of Content must be genuinely held. Without
limiting the foregoing, you represent and warrant to us that you have the
right and authority to post all information you post about yourself or
others.
- You have the right, and hereby
grant, to STATCheck, its affiliates, licensees and successors, an
irrevocable, perpetual, non-exclusive, fully paid-up, transferable,
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 by STATCheck will not infringe or violate the rights
of any third party
- Your use of the Services,
including but not limited to the Content you post on the Platform, must be
in accordance with any and all applicable laws and regulations
- Any comments, ideas, messages,
questions, suggestions, or other communications you send to us or share
with us through any channel (including, without limitation, the Platform,
email, telephone, surveys, and our social media accounts) shall be and
remain the exclusive property of STATCheck and we may use all such
communications, all without notice to, consent from, or compensation to
you.
Opinions, advice, statements,
offers, or other information or content made available on or through the Platform
or Services, but not directly by STATCheck, are those of their respective
authors. Such authors are solely responsible for such content. STATCheck does
not: (i) guarantee the accuracy, completeness, or usefulness of any information
on the Platform or available through the 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 Platform or through the
Services. Under no circumstances will STATCheck or its affiliates be
responsible for any loss or damage resulting from: (a) your reliance on
information or other content posted on the Platform or transmitted to or by any
user of the Platform or Services; or (b) reviews or comments made about you on
the Platform or through the Services by other users.
3.3 Exclusive Use
If
you are a Member, you may use the Platform and Services only to find health care
jobs or contractor opportunities for yourself. You are responsible for all
activity on and use of your account that you create through the Platform and
Services, if applicable, and you may not assign or otherwise transfer your
account to any other person or entity.
3.4 Prohibited Uses
By
using the Platform or Services of STATCheck, you agree that you will not under
any circumstances:
- use
the Platform, Services, or any information contained therein in any way
that is abusive, threatening, obscene, defamatory, libelous, or racially,
sexually, religiously, or otherwise objectionable or offensive;
- use
the Platform or Services for any fraudulent or unlawful purpose or for any
other purpose not expressly intended by STATCheck;
- harass,
abuse or harm another person or group, or attempt to do so;
- use
another Member’s STATCheck account;
- provide
false or inaccurate information when registering an account on STATCheck,
using the Services, or communicating with other Members;
- attempt
to re-register with STATCheck if we have terminated your account for any
or no reason or terminate your registration and re-register in order to
prevent a review from being associated with your account;
- interfere
or attempt to interfere with the proper functioning of STATCheck’s Platform
or Services;
- make
any automated use of the system, or take any action that we deem to impose
or to potentially impose an unreasonable or disproportionately large load
on our servers or network infrastructure;
- bypass
any robot exclusion headers or other measures we take to restrict access
to the Platform or use any software, technology, or device to scrape,
spider, or crawl the Platform or harvest or manipulate data (whether
manually or through automated means);
- use
the communication systems provided by or contacts made on STATCheck for
any commercial solicitation purposes other than those expressly permitted
by STATCheck;
- publish
or link to malicious content intended to damage or disrupt another user’s
browser or computer.
In
order to protect the Platform from prohibited activity, we reserve the right to
take appropriate actions, including but not limited to restricting the amount
of messages a party may send in any 24-hour period to an amount which we deem
appropriate in our sole discretion.
Should
STATCheck find that you violated the terms of this Section or any terms stated
herein, STATCheck reserves the right, at its sole discretion, to immediately
terminate your use of the Platform and Services. By using the Platform and/or
Services, you agree that STATCheck may assess, and you will be obligated to
pay, $10,000 per each day that you: (i) maintain Member or Organization
information (including but not limited to, names, addresses, phone numbers, or
email addresses) or copyrighted material that you scraped (either directly or
indirectly in a manual or automatic manner) from the Platform, or (ii)
otherwise mis-use or mis-appropriate Platform Content, including but not
limited to, use on a “mirrored”, competitive, or third party Platform. This
obligation shall be in addition to any other rights STATCheck may have under
these Terms and Conditions or applicable law. Further, in order to protect the
integrity of the Platform and the Services, STATCheck reserves the right at any
time in its sole discretion to block users from certain IP addresses from
accessing the Platform.
4. Termination
STATCheck
reserves the right, in its sole discretion, to immediately terminate your
access to all or part of the STATCheck Platform and/or Services, to remove your
profile and/or any content posted by or about you from the Platform, and/or to
terminate your account with STATCheck, with or without notice for any reason or
no reason in its sole discretion, including without limitation if STATCheck
should determine that you are not eligible to use the Platform or Services,
have violated any terms stated herein, are not suitable for participation as a
Member, or have mis-used or mis-appropriated Platform content, including but
not limited to use on a “mirrored,” competitive, or third-party Platform. Upon
termination, STATCheck shall be under no obligation to provide you with a copy
of any content posted by or about you on the Platform. If we terminate your account,
we have no obligation to notify you of the reason, if any, for your
termination. Sections 9, 11 and 12 of
these Terms and Conditions (and any other provisions naturally intended to
survive) shall survive termination of access to the Platform, termination of
your account, or any other termination of the parties’ business relationship.
5. Privacy
STATCheck
uses the information you provide on the Platform or via the Services in
accordance with our privacy policy. For more information, see our full Privacy
Policy, the terms of which are incorporated herein.
6. Links To External Websites
Links
from the Platform to external websites or inclusion of advertisements and other
third-party content on the Platform, do not constitute an endorsement by STATCheck
of such websites or companies, or the content, products, advertising and or
materials presented on such websites, or of the products and services that are
the subject of such third-party content, but are solely for Members’ reference
and convenience. STATCheck does not control third-party websites or content and
is not responsible for them. Such websites and content are governed by their
respective owners’ terms of use and privacy policies, and not these Terms and
Conditions or STATCheck’s Privacy Policy.
STATCheck
expressly disclaims any liability derived from the use and/or viewing of links
that may appear on this Platform. All users hereby agree to hold STATCheck
harmless from any liability that may result from the use of links that may
appear on the Platform.
7. Release of Liability for Conduct and
Disputes
By
using this Platform or our Services, you hereby represent, understand, and
expressly agree to release and hold STATCheck (and STATCheck’s officers, members,
directors, shareholders, employees, parents, subsidiaries, other affiliates,
successors, assignees, or agents) harmless from any claim or controversy that
may arise out of:
- the
actions or inactions of any Organization,
- your
communications, dealings, experiences, or relationship with any
Organization,
- your
attempt to become employed by or a contractor of any Organization,
- your
employment with any Organization,
- your
contract with any Organization,
- any
information, instruction, advice or services delivered by any Organization,
or other third party, that appeared on, or was communicated through, the Platform
or Services.
STATCheck
and its affiliates expressly disclaims any liability whatsoever for any damage,
suits, claims, and/or controversies that have arisen or may arise, whether
known or unknown, from the above.
8. Age Restrictions
STATCheck
is intended solely for people 18 or over. Should we determine that you do not
meet the age requirements for using our Platform or Services, your registration
will be terminated immediately.
9. Disclaimers; Limitations; Waivers;
Indemnification
9.1 No Warranty
The
information and materials contained on the Platform, including text, graphics,
information, links or other items are provided “as is.” Further,
opinions, advice, statements, offers, or other information or content made
available through the Platform or Services, but not directly by STATCheck, are
those of their respective authors, and should not necessarily be relied upon.
Such authors are solely responsible for such content. STATCHECK DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY
OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT
RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR
STATEMENT MADE BY ANY PARTY OTHER THAN STATCHECK; (3) WARRANT THAT YOUR USE OF
THE PLATFORM OR SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES,
UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR
THAT ANY DEFECTS IN THE PLATFORM OR SERVICES WILL BE CORRECTED; OR (4) GIVE ANY
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD
PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, STATCHECK EXPRESSLY
EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE
IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR
ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
IN
ADDITION, AND WITHOUT LIMITING THE FOREGOING, STATCHECK MAKES NO REPRESENTATION
OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY
OF ANY ORGANIZATION ON OUR PLATFORM TO EMPLOY OR CONTRACT WITH A MEMBER.
9.2 Assumption of Risk
While
STATCheck takes certain steps to help promote the safety of our Platform and
Services, finding jobs or opportunities via an online platform like ours comes
with certain inherent risks. We do not provide any training, supervision, or
monitoring of Employers. You agree to
assume all risks when using the Platform and the Services, including but not
limited to injury, illness, death, and all other risks associated with any
online or offline interactions with users of the Platform or the Services. You
also agree not to rely solely on steps STATCheck may take to vet or screen Employers
and/or their Content, or otherwise to promote the safety of the Platform and
Services.
9.3 Limitation of Liability
Incidental
Damages and Aggregate Liability.
In no event will STATCheck be liable for any indirect, special, incidental, or
consequential damages, losses or expenses arising out of or relating to the use
or inability to use the Platform or Services, including without limitation
damages related to any information received from the Platform or Services,
removal of content from the Platform, including profile information, any email
distributed to any Member or any linked web Platform or use thereof or
inability to use by any party, or in connection with any termination of your account
or ability to access the Platform or Services, failure of performance, error,
omission, interruption, defect, delay in operation or transmission, computer
virus or line or system failure, even if STATCheck, or representatives thereof,
were advised of the possibility of such damages, losses or expenses. UNDER NO
CIRCUMSTANCES WILL STATCHECK’s AGGREGATE LIABILITY, IN ANY FORM OF ACTION
WHATSOEVER IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE USE OF THE
SERVICES OR THE PLATFORM, EXCEED THE FEES PAID BY YOU TO STATCHECK IN THE SIX (6)
MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR, IF YOU HAVE NOT PAID
STATCHECK FOR THE USE OF THE PLATFORM OR ANY SERVICES, THE AMOUNT OF $100.00.
No
Liability For Non-STATCheck Actions.
IN NO EVENT WILL STATCHECK BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER
DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR OTHERWISE,
ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION
WITH THE USE OF THE PLATFORM OR THE SERVICES OR ANY AGREEMENT OR RELATIONSHIP
FORMED USING THE PLATFORM OR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY
INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S
RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE PLATFORM, OR TRANSMITTED
TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER MEMBERS OF THE PLATFORM
OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR
DAMAGES ARISING FROM THE CONDUCT OF ORGANIZATIONS WHICH HAVE MADE JOBS OR
OPPORTUNITIES AVAILABLE UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM
YOU.
In
addition to the preceding paragraphs of this section and other provisions of
these Terms and Conditions, any advice that may be posted on the Platform is
for informational purposes only and is not intended to replace or substitute
for any professional financial, medical, legal, or other advice. STATCheck
makes no representations or warranties and expressly disclaims any and all
liability concerning any treatment, action by, or effect on any person
following the information offered or provided within or through the Platform.
If you have specific concerns or a situation arises in which you require
professional or medical advice, you should consult with an appropriately
trained and qualified specialist.
9.4 Indemnification
By
agreeing to these Terms and Conditions, you agree to indemnify, defend and hold
harmless STATCheck and its affiliates, employees, members, directors, and
agents from and against any and all claims, losses, expenses or demands of
liability, including reasonable attorneys’ fees and costs incurred by STATCheck
and/or the above-listed parties in connection with any claim by a third party
(including an intellectual property claim) arising out of: (i) materials and
content you submit, post, or transmit through the Platform, (ii) use of the Platform
or Services by you in violation of these Terms and Conditions or in violation
of any applicable law, or (iii) any relationship, communication, contract,
arrangement, or dealing you have with an Organization using the Platform or
Services or otherwise. You further agree that you will cooperate as reasonably
required in the defense of such claims. STATCheck reserves the right, at its
own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by Members, and Members shall not, in any
event, settle any claim or matter without the written consent of STATCheck. You
further agree to hold harmless STATCheck and the above-listed parties from any
claim arising from an Employers or third-party’s use of information or
materials of any kind that you post to the Platform.
10. Copyright
Notices/Complaints
- 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.
STATCheck’s agent for copyright
issues relating to this Platform is as follows:
Copyright Manager
STATCheck, Inc.
Attn: Legal Department
418 W. Garden St.
Pensacola, FL 32502
support@STATCheck.us
In an effort to protect the rights
of copyright owners, STATCheck maintains a policy for the termination, in
appropriate circumstances, of Members and other users of this Platform who are
repeat infringers.
11. Agreement to Arbitrate
Any
dispute, controversy or claim arising out of, in connection with or relating to
these Terms and Conditions or any breach or alleged breach hereof shall be
submitted to and settled by arbitration held in Pensacola, Florida, pursuant to
the commercial arbitration rules then in effect of the American Arbitration
Association (“AAA”) (at any time, at any other place or under any other form of
arbitration mutually acceptable to the parties involved). The arbitration
shall be conducted by one arbitrator to be selected by the AAA. Any award
rendered in connection with such arbitration shall be final and conclusive upon
the parties and a judgment thereon may be entered in the highest court of the
forum, state or Federal, having jurisdiction with respect thereto. The
expenses of arbitration shall be borne equally by the parties to the
arbitration, provided that each party shall pay for and bear the costs of its
own experts, evidence and counsel’s fees and expenses, except that, in the
discretion of the arbitrator, any award may include the cost of a party’s
counsel if the arbitrator expressly determines that the party against whom such
award is entered has caused the dispute, controversy or claim to be submitted
to arbitration as a dilatory tactic.
12. Governing Law and Jurisdiction
These
Terms and Conditions, and all claims relating to or arising out of this
contract, or the breach thereof, whether sounding in contract, tort, or
otherwise, shall be governed by the laws of the State of Florida, including
Florida’s statutes of limitations governing your claim, without giving effect
to its principles of conflicts of law, provided that the Federal Arbitration
Act shall govern the interpretation and enforcement of Section 11, Agreement to
Arbitrate.
In
the event that the Agreement to Arbitrate is found to not apply to you or to a
particular claim or dispute as a result of a decision by the arbitrator or a
court order, you agree that any claim or dispute that has arisen or may arise
between you and STATCheck must be resolved exclusively by a state or federal court
located in the State of Florida.
You
and STATCheck agree to submit to the personal jurisdiction of the courts
located within the State of Florida for the purpose of litigating all such
claims or disputes.
13. Consent to Electronic Communication
By
using the Platform or Services of STATCheck, you agree to allow STATCheck to
communicate with you electronically, and you consent to electronic delivery of any
notices, documents, or products from STATCheck via the STATCheck Platform,
mobile application, online messaging platform, or e-mail. You also agree to
check your STATCheck account, alerts, and messages, and the e-mail account
reflected on your STATCheck (which you are also required to keep updated) on a
reasonably regular basis to stay apprised of important notices and information
about your account.
14. Miscellaneous
15. Severability
16.
Contact Information
If
you have any questions or need further information as to the Platform or
Services provided by STATCheck, or need to notify STATCheck as to any matters
relating to the Platform or Services please contact STATCheck at support@statcheck.us or by mail at the address below:
STATCheck,
Inc.
Attn: STATCheck Member Support
418 W. Garden St.
Pensacola,
FL 32502