Effective Date: January 20, 2023
BY ACCESSING, USING THE SOFTWARE AND/OR SIGNIFYING YOUR ACCEPTANCE TO THESE TERMS OF SERVICE, YOU AGREE TO THE TERMS OF THIS AGREEMENT AS AND/OR ON BEHALF OF THE PERSON/ENTITYLISTED IN THE ACCOUNT CREATION, SIGN UP OR SIMILAR FORM (“REGISTRATION FORM”), THE ACCOUNT OWNER AND THE PRACTICE.YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THE ACCOUNT OWNER AND THE PRACTICE TO THESE TERMS OF SERVICE. IFYOU DO NOT AGREE TO THESE TERMS OF SERVICE AND DO NOT HAVE THE AUTHORITY AS PROVIDED HEREIN, YOU MAY NOT AND SHALL NOT ACCESS, OR USE THE SERVICE (AS DEFINED IN THESE TERMS OF SERVICE).
These Terms of Service (“Agreement” or “Terms of Service”) are a binding contract between the Account Owner(s) (as defined below) (referred to herein as “Account Owner”, “You” “you”, “your” or “Your”) and Elite Medical Staffing, LLC (referred to herein as “Elite Medical” or “Us” or “We”). The Terms of Service shall govern Your and the Team Members’ use of the Service, and Your and the Team Members’ rights and obligations with respect to User Data that placed in the Service, and associated Intellectual Property Rights thereto, as well as your creation of an account through which You and the Team Members will access the Service (hereinafter an “Account”) for use in connection with the Service. By accessing, using, subscribing, purchasing, or downloading the Service, or any goods, materials, or content from the Website, You agree to, and ensure that all who access the Service through Your account, follow and be bound by the following terms and conditions and any other terms and conditions embodied in any other agreements you enter into with Us. If you do not agree with the Terms of Service, neither You nor the Team Members may use the Website or the Service.
If You know, or have a suspicion or the good faith belief that, a Team Member has violated the Terms of Service, You areisresponsible for immediately revoking access rightsto the User(s). Additionally, if you become aware that aTeam Member no longer possesses the requisite licenses or other credentials or isno longer employed by or affiliated with the You, You have the responsibility to immediately revoke access rights tothese Users.
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.
These Terms of Service (“Agreement” or “Terms of Service”) are a binding contract between the Account Owner(s) (as defined below) (referred to herein as “Account Owner”, “You” “you”, “your” or “Your”) and Elite Medical Staffing, LLC (referred to herein as “Elite Medical” or “Us” or “We”). The Terms of Service shall govern Your and the Team Members’ use of the Service, and Your and the Team Members’ rights and obligations with respect to User Data that placed in the Service, and associated Intellectual Property Rights thereto, as well as your creation of an account through which You and the Team Members will access the Service (hereinafter an “Account”) for use in connection with the Service. By accessing, using, subscribing, purchasing, or downloading the Service, or any goods, materials, or content from the Website, You agree to, and ensure that all who access the Service through Your account, follow and be bound by the following terms and conditions and any other terms and conditions embodied in any other agreements you enter into with Us. If you do not agree with the Terms of Service, neither You nor the Team Members may use the Website or the Service.
If You know, or have a suspicion or the good faith belief that, a Team Member has violated the Terms of Service, You areisresponsible for immediately revoking access rightsto the User(s). Additionally, if you become aware that aTeam Member no longer possesses the requisite licenses or other credentials or isno longer employed by or affiliated with the You, You have the responsibility to immediately revoke access rights tothese Users.
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.
These Terms of Service apply to Your and the Team Members use of the Service and ALL transactions made on or through the Website in your use of the Service. The Account Owner manifests agreement to these Terms of Service by any act demonstrating your assent thereto, including clicking any button containing the words “I agree”, “Start my free trial”, “Join my team”, “Create my account” or similar syntax, by accessing the Website, by establishing an Account, or using the Service, whether you have read these Terms of Service or not. By clicking any such button or otherwise indicating Your assent, You agree to these Terms of Service. You should print a copy of these Terms of Service for your business and personal records.
These Terms of Service may be modifiedby Elite Medicaleffective immediately by notifying you as provided in Section27below. By continuing to access or use the Service after the effective date of any such change, you agree to be bound by the modified Terms of Service.
Definitions
“Payment Data” means any personal or financial information collected from a credit card, debit card or other payment method, including but not limited to a cardholder’s account number, card expiration date, and CVV2.•“
Payment Processing Services” are services that enable the acceptance of payments, management of subscriptions, and performance transaction reporting, as well as analyticsand other business services.
“Practice” means the person, sole proprietor or entity listed as the “Practice” in “Settings,” and any other location on the Website or within the Service.•“Professional Website” means the website we enable you to create for your practice through the Service.•“Protected Health Information” or “PHI” means protected health information as defined by HIPAA’s Privacy Rule found at 45 C.F.R. §160.103.
“Servers” are computers or devices that host the Service.•“Service” means Elite Medical’s technology and software platforms available on the Websites and any affiliated sub-domains and mobile applications and sites, Software, and Serverswhich arepart of the “Service” whether or not stated separately within these Terms of Service, when made available by Elite Medical.
“Elite MedicalSoftware” or “Software” is the software provided to you by Elite Medicaland/or its suppliers under license or with respect to which you have access, in connection with the Service.
“Team Member” means Account Owner’s staff, contractors, administrators, or other service providers who are granted access to the Account with the authorization of the Account Owner.
“Transaction Data” means customer information, User Data, Payment Data, transaction information, bank information and credit card information including without limitation tokenized account information, tokens and token access codes, account information or other data or information of any kind that is provided by or generated or collected on yourbehalf, or your patients or client by the Service.
“User Data” means any data or images that you or your clients or patients upload, stream or submit to the Servers, Website, or other areas of the Service, or generated or collected on your behalf from the Servers, Website, the Service or third parties, including but not limited to Protected Health Information as that term is defined below, video, image and sound data and Transaction Data;•“User(s)” means the Account Owner(s), Team Member, and/or the Account Owner(s)’ or Team Member’s clients, customers or patients.
“Website” means the websites provided to You by Elite Medicalthrough the professional website service, and any related or successor domains and mobile applications and sites from which Elite Medicalmay offer the Service.
“Your Listing Information” means all content, including without limitation, name, address, data, information, specialties and credentials, and images, all as provided by You to Elite Medical.
“Website” means the websites provided to You by Elite Medicalthrough the professional website service, and any related or successor domains and mobile applications and sites from which Elite Medicalmay offer the Service.
“Your Listing Information” means all content, including without limitation, name, address, data, information, specialties and credentials, and images, all as provided by You to Elite Medical
Verification for Elite Medical
By accepting these Terms of Service in connection with an Account, the person acknowledging agreement or assenting to these Terms of Service represents that they are at least 18 years ofage, or the legal age of majority where in the place of residence if that jurisdiction has an older age of majority, and has the legal authority to contractually agree to these Terms of Service on behalf of the Account Owner. You further agree that as a condition to accessing the Service, you will submit to Account and Account Owner verification as required by Elite Medical, and provide only true and accurate identification documentation to Elite Medicalor its third party service providers as requested byElite Medical. You are responsible for the security of any account verification information, such as user names and passwords, including without limitation your Users’ user names and password. You agree that any Users who are under 13 years old require their parent or legal guardian’s consent to collect their User Data or for their use of the Service, which consent you and the Account Owner are responsible for obtaining, prior to the use by such User of the Service.
Establishing an Account
You must establish an Account with Elite Medicalto use the Service. You agree to provide accurate, current, and complete information about You and the individual who establishes the Account (“Registration Data”) as prompted by the Registration Form and asrequired to be added in the “Settings” or other page on the Website, and to use the Account management tools provided to keep your Registration Data accurate, current and complete. Elite Medicalwill designate You as the Account Owner and assign an account name (your “Account Name”). You and your Team Members must each choose a user name to identify yourselves under the Account Name.
Responsibility for Use of Account
You, as the Account Owner, are responsible for all activities conducted through your Account, including activities of the Team Members and Users, and you are responsible for all activities conducted through your user name and are responsible for Users to whom you grant access to your Account, including your clients or patients and those youauthorize to access your Account on behalf of yourself, or clients or patients. In the event that fraud, violation of law, regulation or rule, or conduct that violates these Terms of Service occurs (whether by you or someone else) that is in any way connected with your Account, we may suspend or terminate your use of the Service and your Account as described in Section 21and you shall be financially responsible to Elite Medicalfor the consequences of such use.