as of May 4, 2018
This site ("Site") is created and operated by Workpath, Inc., a Delaware company with offices in Richmond, Virginia, formerly known as Iggbo, Inc. ("Workpath," “we,” or “us”). When you use the service(s) provided and offered on the Site (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 customer 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. Workpath service agreements with Clients are typically annual contracts, and the payment and term of such agreements are binding on Client. 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 Site and the Services.
We may change or discontinue any aspect of the Site 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 Site or the Services provided without notice or liability.
Use of the Site or the Service is void where prohibited. This Site is intended for users within the United States who are eighteen (18) years of age or older. By using the Service or the Site, you represent and warrant that you are 18 or older, and that you agree to and to abide by these Terms.
You expressly agree that use of the Site 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 Site or the Services, the information presented, or the results that may be obtained from use of the Site.
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”).
If you have any questions about, or information to share concerning this Site, the Service, or any Specialists, please email us at firstname.lastname@example.org.
As a condition of use of the Site 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 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, and (iv) any violation by you, or others using your account, of these Terms And Conditions.
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 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 any Specialist, any other Site 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 Site, 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 Specialist, any other Site user, or any Workpath partner.
The Platform exists to help you manage your Specialists and their assignments and performance. You acknowledge and agree that this is the limitation of the role of Workpath and the Platform to you. Specialists are not employees, subcontractors, officers, or agents of Workpath, and Workpath is not responsible for Specialists’ actions or failures to act. When you work with a Specialist, your rights will be governed by and limited to your agreement with that Specialist. Specialists will typically interact with the Platform and Service by means of a mobile app, under terms and conditions that apply to such mobile app. Those terms are available for your review here and are incorporated by reference into these 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 Site 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, Site 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 Site or Services except as expressly permitted by us; (iii) mirror or frame any portion of the Site or Services; (v) scrape, index, harvest, survey, or otherwise copy, mine or collect any portion of the Site, Services, or their content or data; or (vi) unduly burden or hinder the operation and/or functionality of any aspect of the Site or Services or their systems or networks.