as of February 12, 2020
This site ("Site") is created and operated by Workpath, LLC., a Delaware limited liability company ("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.
Your Workpath account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users. If you open a Workpath account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. By connecting to Workpath with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure and not share it with others. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Workpath immediately of any breach of security or unauthorized use of your account. Workpath will not be liable for any losses caused by any unauthorized use of your account.
You may control your user profile and how you interact with the Services by changing the settings in your settings page. By providing Workpath your email address you consent to our using the email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your [settings page]. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
You are responsible for obtaining the compatible hardware or devices and data network access necessary to use the Services.
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 assists 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 your Specialists and any other 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, the Specialists, or 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 a Specialist 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, the Specialists, 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.
Training and Oversight. You represent and warrant that you (i) provide adequate training to your Specialists and any other of your agents who access or otherwise use the Site or the Platform regarding any requirements under any Applicable Laws relating to the Handling of Transmitted Information, and (ii) regularly monitor any Handling of Transmitted Information by you, the Specialists, and any other of your agents to ensure such Handling complies with all Applicable Laws.
If you have any questions about, or information to share concerning this Site, the Service, the Platform, or any Specialists, please email us at email@example.com.
As a condition of use of the Site and the Platform, 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 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.