Effective: January 1st, 2020.
These Terms of Service (“Terms”) govern your use of the FloodGate Finder mobile application, floodgatefinder.workllama.com, (collectively, the “Application”), and the services, content and information provided through the Application that are owned or operated by FloodGate Medical Talent Solutions (together with our affiliate, “FloodGate”, “we”, “our” or “us”). By accessing, downloading, installing, registering for or using the Services, or by clicking to accept or agree to the Terms when this option is made available to you, you: (i) acknowledge that you have read and understood these Terms; (ii) accept and agree to be bound by them in their entirety; (iii) are entering into a legally binding agreement with us; and (iv) acknowledge that, except as otherwise expressly provided, these Terms are solely between you and FloodGate. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU SHALL NOT USE THE SERVICES.
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them to the Application and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check the Application from time to time so you are aware of any changes, as they are binding on you.
You may not use our Services to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:
General. The Services may contain message boards, chat rooms, user web pages or profiles, forums, bulletin boards, job postings, resumes, employer/job seeker rating, messaging applications, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services. All User Contributions must comply with the Content Standards set out in these Terms. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Service, you grant us and our affiliates, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings. You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Application.
2. Content Standards. These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
3. Enforcement. We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Application. YOU WAIVE AND HOLD HARMLESS FLOODGATEAND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Application and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
4. Copyright Infringement. If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of FloodGate to disable and/or terminate the user accounts of repeat infringers.
Third Party Content. We do not control, and we are not responsible for, any data, content, services, or products (including software) that you access, download, receive or buy while using the Services, including that which is provided by employers and job seekers accessing or using the Services. We may, but do not have, nor do we undertake, any obligation to, block information, transmissions or access to certain information, services, products or domains to protect the Services, our network, the public or our users. The information presented on or through the Service is made available solely for general information purposes. We are not responsible for nor do we warrant the accuracy, completeness, usefulness, timeliness or delivery of any statements, messages, services, data or any other information provided to or by third parties as accessible through the Service. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Service, or by anyone who may be informed of any of its contents. From time to time, the Services may contain references or links to third-party materials not controlled by FloodGate or its suppliers or licensors. FloodGate provides such information and links as a convenience to you and should not be considered endorsements of such sites or any content, products or information offered on such sites. You acknowledge and agree that FloodGate is not responsible for any aspect of the information or content contained in any third-party materials or on any third-party sites accessible or linked to the Services. You are responsible for evaluating whether you want to access or use a third-party site. Accordingly, if you decide to use third-party sites, you do so at your own risk and agree that these Terms do not apply to your use of any third-party sites. You should review any applicable terms or privacy policy of a third-party site before using it or sharing any information.
2. App Store Terms. If you are accessing the Services through an application downloaded from the Apple App Store, you and FloodGate agree to the following additional terms:
3. Google Terms. FloodGate may send you push notifications and use your geo-location data if you authorize FloodGate to do so. Additionally, the Services may incorporate the Google Maps API. Accordingly, if the Google Maps API is incorporated, by accessing or using our Services, you hereby agree to be bound by Google’s Terms of Service (available at http://www.google.com/intl/en/policies/terms/) and Google’s Privacy Policy (available at http://www.google.com/privacy.html).
FloodGate may, in its sole discretion, periodically create and offer monetary bonuses or other rewards for use of the Services, for referring other new job seekers, or for other specific actions. The terms and conditions accompanying such offers will govern how they are earned and paid to the extent that those terms and conditions differ from or add to these Terms. You may be taxed on your receipt of cash and other consideration for job seeker referrals and other bonus or reward programs, depending on the tax laws of federal, state, and local jurisdictions. FloodGate may choose to provide you with those notices and/or tax documents to you on occasion. We may also require you to provide certain information for purposes of issuing tax documents as a condition of receiving program consideration. In all instances, you will be solely responsible for any and all tax liability arising out of the consideration received for participation in these programs. You agree that all bonus or reward programs we may offer, including new job seeker referral bonuses: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by FloodGate; (iii) may be disabled and/or discontinued by FloodGate at any time for any reason without liability to FloodGate; (iv) may only be used pursuant to the specific terms that FloodGate establishes for such program; (v) are not valid for cash; and (vi) may expire prior to your use. FloodGate reserves the right to withhold program payments or deduct from program payments or other features or benefits obtained through the use of the bonus or reward programs, including the referral system, by you or any other user in the event that FloodGate determines or believes that the use of such program was in error, fraudulent, illegal, or otherwise in violation of these Terms or any additional terms applicable to the program. In no event does the job seeker referral bonus, nor any other bonus or reward period, guarantee, entitle, or require placement of any job seeker to any assignment.
Using the Services through a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Services through a mobile device may cause data to be displayed on and through your mobile device. In the event you change or deactivate your mobile account, you must promptly update your FloodGate™ account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Application through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices.
All information we collect through the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
You represent and warrant that you: (i) do and will comply with all applicable laws and regulations in connection with your use of the Services, (ii) are at least 18 years of age or otherwise over the age of majority in the jurisdiction in which you reside, (iii) are not currently restricted from the Services and are not otherwise prohibited from having an account related thereto, (iv) will only maintain one account at any given time, (v) will only provide accurate information to FloodGate, (vi) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party, and (vii) will not violate any rights of FloodGate or a third party.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT NEITHER OF FLOODGATE, ANY DIRECT EMPLOYER, ANY STAFFING RECIPIENT SHALL HAVE ANY LIABILITY FOR ANY ACT, OMISSION OR DECISION MADE BY THAT PARTY, ANY ONE OR MORE OF THE OTHER PARTIES, OR ANY OTHER THIRD PARTY. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NON-INFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. FLOODGATEDOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. FLOODGATEDOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, FLOODGATE’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
You agree to defend, indemnify and hold FloodGate, its parents, subsidiaries, affiliates and other related entities, and the officers, directors, employees and agents of each of the foregoing (the “Indemnified Parties”) harmless from all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, that are incurred by any of the Indemnified Parties (collectively, “Losses”) arising out of or relating to (i) any violation of these Terms by you; (ii) your violation of any rights of another; (iii) your use of the Services, including, without limitation, your User Contributions; (iv) bodily injury, death of any person or damage to real or tangible, personal property resulting from the wilful, fraudulent or grossly negligent acts or omissions of you or any of your representatives or agents; (v) your material breach of any representation, warranty or obligation set forth in these Terms; (vi) any employment-related claim of any nature made against the Indemnified Parties to the extent that such claim is based, in whole or in part, on an act or omission committed by you, a Direct Employer, a Staffing Recipient, or any of the employees or agents of any of the foregoing. Each of the Indemnified Parties reserves the right, at your expense, to, upon notice, assume the exclusive defense and control of any matter subject to indemnification hereunder.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
UNDER NO CIRCUMSTANCES WILL FLOODGATE OR ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“FLOODGATE PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THESE TERMS SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.THE FLOODGATE PARTIES’ TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED ONE HUNDRED (100) US DOLLARS. SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, THE FLOODGATE PARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN SECTIONS 18, 20, AND 21 WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THESE TERMS.
Excluding claims for injunctive or other equitable relief, for any claim where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. In the event a party elects’ arbitration, they shall initiate such arbitration through an established alternative dispute resolution provider mutually agreed upon by the parties. The arbitration shall be conducted by telephone, online or be solely based on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration each party waives any right to a jury trial.
You acknowledge and agree that FloodGate may provide notices and other disclosures to you electronically by posting such notices or other disclosures in the Application or by emailing it to you at any email address you provided to FloodGate. Such notices or other disclosures shall be considered received by you following the posting in or on the Application or twenty-four (24) hours following the email being sent to you, as applicable. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided to you as a paper copy.
These Terms, along with any rules, guidelines, or policies posted in the Application constitute the entire agreement between FloodGate and you with respect to your use of our Services. If there is any conflict between these Terms and any other rules or instructions posted on the Services, these Terms shall control. No amendment to these Terms by you by shall be effective unless acknowledged in writing by FloodGate. These Terms shall be governed by, and construed in accordance with, the laws of the state of Georgia, without reference to its choice of law rules. Subject to the arbitration provisions above, exclusive venue for any action arising out of or in connection with these Terms shall be in Atlanta, Georgia. The parties each hereby consent to the jurisdiction and venue in Atlanta, Georgia and waive any objections to such jurisdiction and venue. Notwithstanding the foregoing, you agree that FloodGate shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction. Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect. You may not assign your rights or obligations under these Terms without the prior written consent of FloodGate. FloodGate’s failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Services. All headings included in these Terms are included for convenience only and shall not be considered in interpreting these Terms. These Terms do not limit any rights that FloodGate may have pursuant to any intellectual property laws or any other laws. All rights and remedies available to FloodGate, pursuant to these Terms or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available to FloodGate. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, or any other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services. Except as otherwise expressly set forth herein, there shall exist no right of any person, other than you and FloodGate, to claim a beneficial interest in these Terms or any rights occurring by virtue of these Terms.
f you have any questions, complaints, or claims, you may contact FloodGate Medical Talent Solutions at 1200 W. Platt Street, Suite 2014, Tampa, FL 33606, FFSupport@floodgatemedical.com, and +1.888.543.4478.
