as of March 18, 2019
This app ("App") is created and operated by Workpath, Inc., a Delaware company with offices in Richmond, Virginia, formerly known as Iggbo, Inc. ("Workpath," “we,” or “us”), for the use of a skilled labor pool of specialists (“Specialists”).
When you use the service(s) provided and offered on the App (the "Services"), you are agreeing to these Terms and Conditions (“Terms”) between you and Workpath.
Workpath has developed a platform (“Platform”) that (i) allows clients of Workpath (collectively, “Clients”) to access to their labor pool (“Specialists”) for the provision of services to or for the benefit of customers or patients and each Client, (ii) allows Clients to create appointment requests for the performance and delivery of services (“Requested Services”) by Specialists, including the Service Provider, that have registered through the Platform to provide Requested Services, (iii) allows Specialists to access appointment requests for Requested Services, (iv) allows Specialists to accept appointments for Requested Services, and (v) facilitates scheduling the performance of Requested Services by Specialists, provides appointment reminders, and provides for the payment of Specialists for such services. Specialists are engaged by Client, at Client’s option, on Client’s terms. Specialists are not interviewed, vetted, selected, approved, contracted, or hired by Workpath.
Workpath has the right, at its discretion, to change, modify, add or remove certain of these terms of these Terms at any time. The then-current version of these Terms will govern your interactions with the App and the Services.
You agree that Workpath may use your location via the GPS functions of your phone, during your use of the App, or at any other time that is permitted or selected according to the settings on your mobile device.
We may change or discontinue any aspect of the App or the Services at any time, including the availability of any feature, function, or content. We may limit features and Services or restrict your access to parts or all of the App or the Services without notice or liability.
Use of the App or the Service is void where prohibited. This App is intended for users within the United States who are eighteen (18) years of age or older. By using the Service or the App, you represent and warrant that you are 18 or older, and that you agree to and to abide by these Terms.
You represent and warrant to Workpath that your organization has the rights and permissions from the end-user clients, customers, members, and/or patients you will serve using the App (“End-Users”), for you to view, edit, input and share information with us through your use of the App and the Platform. Such permission from End-Users must include permissions to share their personal and potentially confidential information with third-party applications including Workpath, for the scheduling and coordination of your service to End-Users.
You expressly agree that use of the App and the Services is at your own risk. Neither Workpath, nor any of our affiliates, employees, agents, content providers or licensors make any representations or warranties of any kind regarding the App or the Services, the information presented, or the results that may be obtained from use of the App.
You acknowledge and agree that Workpath is a company that provides help with healthcare organizations and other specialized industries with the dispatch, management, and tracking of their mobile workforces (“Workpath”).
Your Sole and Exclusive Responsibilities. You acknowledge and agree that, as between you and Workpath, you are solely and exclusively responsible and liable for your conduct and the conduct of any of your agents in interacting with the Site and the Platform and for your compliance and their compliance with applicable local, state, and federal laws (collectively, “Applicable Laws”), including, to the extent it is applicable, the Health Insurance Portability & Accountability Act of 1996, P.L. 104-191, as amended from time to time, together with any implementing regulations promulgated thereunder and under the Health Information Technology for Economic and Clinical Health Act, Title XIII of Division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009, by the U.S. Department of Health and Human Services, including, but not limited to, the Privacy Rule, the Security Rule and the Breach Notification Rule, as amended from time to time (collectively, “HIPAA”).
In particular, and without limitation of the foregoing, you agree and acknowledge that you are solely and exclusively liable for compliance with such Applicable Laws in connection with the transmission, receipt, access, acquisition, collection, compilation, use, storage, processing, safeguarding, downloading, disposal, destruction, disclosure, sale, licensing, rental, or transfer (collectively, “Handling”) by you and any other of your agents, of any information, including protected health information (“PHI”), if any, in connection with the Requested Services, or otherwise accessible on the Site or the Platform (collectively, the “Transmitted Information”).By way of example and not limitation, you are solely and exclusively responsible and liable, and Workpath shall have no responsibility or liability, if you or any other of your agents Handles Transmitted Information or otherwise uses the Site or Platform in violation of Applicable Laws.
Security. You specifically acknowledge and agree that you are solely and exclusively responsible to ensure appropriate security measures are in place for any computers or mobile devices used by you or any other of your agents to (i) interact with the Site, (ii) interact with the Platform, or (iii) deliver the Requested Services, and that such security measures shall comply with all Applicable Laws.
If you have any questions about, or information to share concerning this App, the Service, or any Specialists, please email us at email@example.com.
As a condition of use of the App and the Services, you agree to indemnify, defend and hold harmless Workpath, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees from and against any and all claims, liability and costs, including attorneys' reasonable fees, arising from or relating to any allegation regarding (i) your use of the Site, the Platform, and/or Services, (ii) Workpath's use or distribution of any content or information you provide, (iii) information or material posted or transmitted through your account, even if not posted by you, (iv) the Handling of any Transmitted Information by you, the Specialists, or any other of your agents, and (v) any violation by you, or others using your account, of these Terms and Conditions or Applicable Laws.
You acknowledge and agree that Workpath shall not be liable for the actions or failures to act of Specialists, or of any non-Workpath party.
You specifically acknowledge and agree that, to the extent HIPAA is applicable, Workpath shall not be liable for breaches of HIPAA or failures to comply with HIPAA by you, your employees, personnel, contractors, or other agents, Specialists, or any other non-Workpath party.
You shall cooperate as fully as reasonably required in the defense of any such claim. Workpath reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Under no circumstances, including negligence, shall Workpath, or its directors, officers, employees, agents or affiliates, be liable for any indirect, incidental, special or consequential damages, including for any lost profits or lost data, that result from the use of, or the inability to use, the Platform, unauthorized access to or alteration of your transmissions or data, or any errors or omissions in the information presented by the Platform, even if Workpath is aware or has been advised of the possibility of such damages. You specifically acknowledge and agree that Workpath is not liable for any conduct of any user.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
If you are dissatisfied or harmed by Workpath's services, the actions or failures of your organization, any End-User, or any other App user, any Workpath partner, third party, any Workpath material, or with any of Workpath's terms and conditions, your remedy is limited to your decision to discontinue using the App, together with the return to you of any net payment or profit received by Workpath directly in connection with the facts of your claim.You agree that Workpath shall not be liable to you or to any third parties for any actions or failures of any End-User, any other App user, or any Workpath partner.
The Platform and the App exist to help you manage your assignments. You acknowledge and agree that this is the limitation of the role of Workpath and the Platform to you. You are not an employee, subcontractor, partner, or agent of Workpath, and Workpath is not responsible for your actions or failures to act. Your rights with respect to your employer or contracting payor will be governed by and limited to your agreement with that person or entity. The terms that are in place between Workpath and your employer or contracting payor are available for your review here and are incorporated by reference into these App Terms and Conditions.
We use recognized and trusted partners to create and deliver the Platform to you. These include cloud-based service providers for web server and database hosting, contact form and email communications, chat functions from our web site, map and navigational functions, and other services provided by trusted partners of ours. By using the Platform, you agree to our use of these third party services for the limited purposes of delivering the App and the Platform to you and our other users, and maintaining its full functionality.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Platform, App or Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, sell, resell, transfer, publicly display, publicly perform, transmit, or otherwise exploit any aspect or portion of the App or Services except as expressly permitted by us; (iii) mirror or frame any portion of the App or Services; (v) scrape, index, harvest, survey, or otherwise copy, mine or collect any portion of the App, Services, or their content or data; or (vi) unduly burden or hinder the operation and/or functionality of any aspect of the App or Services or their systems or networks.