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Terms of Use

(Rev. June 17, 2022)

Welcome to the websites of Beyond Medical Staffing, LLC., and its subsidiaries (collectively “our”, “us”, “we”). These Terms of Use (the “Terms”) apply to all websites, portals or pages owned or operated by Beyond Medical Staffing, including those accessible through the domains and subdomains (collectively, the “our Sites”). Please read the Terms carefully prior to accessing and using our Sites.

 

General Uses and Restrictions

By accessing and using our Sites, you agree on your behalf and on behalf of any entity or person on whose behalf you are accessing our Sites (collectively, “You”) to abide by the Terms. Beyond Medical Staffing permits You to use and access our Sites for lawful purposes only and only in a manner consistent with the Terms. Your agreement to the Terms is a condition of being granted access to and use of our Sites. If You do not agree with the Terms, You may not access our Sites and must exit our Sites immediately. The Terms apply to all visits and use of our Sites, as well as to the content, information, recommendations, or services provided or transmitted on or through our Sites. By using and accessing our Sites, You represent that You are at least 18 years of age, have the authority to enter these Terms on Your own behalf and on behalf of the organization or entity on whose behalf You are using or accessing our Sites, and that all information provided by You, including, but not limited to Your identity, contact information, experience, qualifications, available positions, and facility details, is accurate and current. You shall be responsible for any violation of the Terms by You, Your agents, or Your employees.

 

No Guarantee

Beyond Medical Staffing does not guarantee that you will receive any employment or job offers through our Sites and is neither your employer nor your agent based solely on your usage of our Sites.

 

Restricted Sites; Registered Users

Beyond Medical Staffing has restricted access to certain portions of our Sites, to users with legitimate Beyond Medical Staffing -related business reasons for using such Restricted Sites who have registered with Beyond Medical Staffing or to whom Beyond Medical Staffing has otherwise provided an account, username or password (the “Registered Users”). You agree that the entirety of the Restricted Sites, including, but not limited to their design, source code, databases, content, and data or materials stored on, generated by, created using, or transmitted through them shall be considered Confidential Information, as defined below. You agree that Your use of, and access to, the Restricted Sites shall be limited only to the extent such access and use directly relates to, or is necessary for, an existing or prospective employment relationship with Beyond Medical Staffing or an existing or prospective business relationship or agreement between You and Beyond Medical Staffing (the “Permitted Uses”).

You agree any username or password used by You to access Restricted Sites is Confidential Information, as defined below. You agree not to use another Registered User’s username and password nor to allow any other person, other than Your employees or agents, to use the username or password used by You. You are solely responsible for all activity conducted using Your username or password. You will immediately notify Beyond Medical Staffing if You become aware of any loss or theft of Your username or password or any unauthorized use of Your username and password. Beyond Medical Staffing is not liable for any loss or damage arising from your failure to comply with these obligations. Beyond Medical Staffing reserves the right to reset, lock, delete, or suspend Your account or login credentials at any time and for any reason. You shall be responsible for notifying Beyond Medical Staffing if Your relationship with any employee or agent who had access to the Restricted Sites is severed so passwords may be updated, or accounts disabled.

 

Push Notifications

If you download the App, you may receive push notifications sent to you outside or inside the App which may include alerts, badges, banners and sounds (“Push Notifications “). If you agree to allow Push Notifications, then the App will generate Push Notifications on your mobile device. You may control the Push Notifications in your device’s settings. Some of the Push Notifications may be related to your location. Your carrier may charge standard data and other fees for use of Push Notifications, and these fees may appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Push Notifications and certain Push Notifications may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. You may discontinue Push Notifications in your device’s settings or by deleting the App. We may collect information related to your use of Push Notifications.

 

Confidential Information

When accessing or using the Restricted Sites, you may be able to upload, download, receive, transmit, view, create, enter, access, post, share, display, or otherwise use or access information, documents, or other material that is confidential in nature (collectively “Confidential Information”). Confidential Information includes but is not limited to: (i) marketing, job orders, personal identifying information, and other information relating to Beyond Medical Staffing’s business, customers, agents, employees, or subcontractors or (ii) private or sensitive information relating to healthcare professionals and other workers provided by Beyond Medical Staffing, its affiliates, agents, or subcontractors, such as personnel, medical, financial, credentialing, or other compliance documentation or records. You agree to only use Confidential Information for lawful, Permitted Uses or as otherwise permitted by law. You agree to limit access to Confidential Information to only those employees or agents of Yours who reasonably require access to such information for the Permitted Uses. If You provide any Confidential Information to Your employees or agents, You shall require all such employees or agents to abide by these Terms, as well as any applicable laws or agreements relating to such information. You agree that You will be responsible for any breach of any provision of these Terms by Your employees or agents. You shall take all necessary precautions, but not less than a reasonable standard of care, to protect the confidential nature of the Confidential Information, including, without limitation, reasonable security measures and all precautions You use with respect to Your own confidential information.

In the event You or any of Your representatives are requested or required by any government or governmental agency or authority to disclose any of the Confidential Information (by oral questions, interrogatories, requests for information or documents, subpoena, civil investigative demand, any informal or formal investigation by any government or governmental agency or authority or otherwise), You will notify Beyond Medical Staffing promptly in writing so that Beyond Medical Staffing may seek a protective order or other appropriate remedy or, in Beyond Medical Staffing’s sole discretion, waive compliance with these Terms. You agree not to oppose any action by Beyond Medical Staffing to obtain a protective order or other appropriate remedy. In the event that no protective order or other remedy is obtained or Beyond Medical Staffing waives compliance with these Terms, You agree to furnish only that portion of the Confidential Information, which You are advised is legally required.

If You discover or are notified of a breach or potential breach of security with respect to any Confidential Information provided or made available by Beyond Medical Staffing, You shall immediately: (i) notify Beyond Medical Staffing of such breach or such potential breach at the address specified below, (ii) immediately investigate such breach or such potential breach and inform Beyond Medical Staffing of the results of such investigation, and (iii) assist Beyond Medical Staffing as reasonably necessary to enforce Beyond Medical Staffing’s rights and to enable Beyond Medical Staffing to comply with any state or federal law requiring the provision of notice of any security breach with respect to the breach.

Notwithstanding any other provision of this Agreement, Confidential Information shall not include any information, data, material, document, patent or idea, which: (i) is within the public domain prior to the time of disclosure or thereafter becomes within the public domain other than as a result of disclosure by You or Your representatives in violation of these Terms; (ii) was, on or before the date of disclosure in Your possession, as shown by You, unless it was acquired by You from a third party who was under an obligation of confidentiality to Beyond Medical Staffing; (iii) is acquired by You from a third party not under an obligation of confidentiality to Beyond Medical Staffing; or (iv) was independently developed by You without the use of Confidential Information or other breach of these Terms.

Beyond Medical Staffing’s Retention of Proprietary Rights

Beyond Medical Staffing hereby grants You with a limited, revocable, temporary, non-exclusive, and non-transferable ability to access and use our Sites in accordance with these Terms. You expressly acknowledge and agree that Beyond Medical Staffing transfers no ownership, intellectual property interest, or title in or to our Sites, the Confidential Information, or any information or data contained therein to You or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through our Sites, unless otherwise indicated, are owned, controlled, or licensed by Beyond Medical Staffing. You may not copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit our Sites, Beyond Medical Staffing’s name, Beyond Medical Staffing’s logo, Beyond Medical Staffing’s marks, or any other data or information provided on or through our Sites in any manner or use our Sites in any manner not expressly permitted by these Terms.

Your unauthorized use of our Sites, Confidential Information, Beyond Medical Staffing logos, names, or marks, or any other information or data contained therein may violate intellectual property or other proprietary rights laws, as well as other laws, regulations, and statutes.

Compliance with Applicable Laws

You agree to abide by all applicable local, state, national, and international laws, and regulations with respect to Your use of our Sites or any Confidential Information or other information obtained by You while using our Sites. The Terms are also subject to any applicable export laws, orders, restrictions, or regulations. You shall not export our Sites or access or use our Sites without complying with such laws, orders, restrictions, or regulations.

Prohibited Uses; Your Transmissions

You may not use our Sites to send, upload, share, email, post, publish, edit, modify, or otherwise transmit material or information, or use information obtained through our Sites, in any manner that: (i) violates any applicable law or regulations; (ii) is false or misleading; (iii) is defamatory, offensive, obscene, harassing, or discriminatory, including on any basis protected by applicable federal, state or local law; (iv) violates or infringes on the intellectual property or privacy rights of any other person, including but not limited to rights arising from copyrights, trademarks, patents, or a person’s likeness; (v) constitutes unsolicited marketing efforts, including “junk email,” “spam,” or chain letters; (vi) interferes with or disrupts the performance of our Sites or servers or systems used to host or operate our Sites, Beyond Medical Staffing’s servers or systems,, or the servers or systems of other users of our Sites; or (vii) attempts to circumvent or misuse the user authentication or security measures of our Sites.

By sending, uploading, sharing, emailing, posting, publishing, editing, modifying, or otherwise transmitting content to our Sites or submitting any content to or through our Sites or to Beyond Medical Staffing relating to our Sites (including, documentation, feedback), you automatically grant (or warrant that the owner of such rights has expressly granted), Beyond Medical Staffing a worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content in any form, medium, or technology now known or later developed. In addition, You warrant that all so-called moral rights in the content have been waived. Beyond Medical Staffing assumes no responsibility for the deletion of or failure to store any posting, transmission, documents, or information stored or submitted on our Sites. Notwithstanding the foregoing, this section is not intended to and does not supersede any applicable laws or separate written agreements between You and Beyond Medical Staffing that are signed by the CEO of Beyond Medical Staffing, to the extent such laws or agreements restrict or govern Beyond Medical Staffing’s use of confidential information provided by You to Beyond Medical Staffing as part of a business transaction.

Beyond Medical Staffing is not responsible for screening, policing, editing, or monitoring Your or another Registered User’s transmissions, submissions, and postings. Accordingly, Beyond Medical Staffing encourages its Registered Users to use reasonable discretion and caution in submitting or reviewing any transmission or posting. Moreover, Beyond Medical Staffing does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by You or any other Registered User. Nevertheless, Beyond Medical Staffing reserves the right to delete or take other action with respect to transmissions or postings (or parts thereof) that Beyond Medical Staffing believes in good faith violate the Terms or are potentially, unlawful, or harmful to Beyond Medical Staffing, its products, services, or goodwill.

Privacy Policy

Your use of our Sites may be monitored, including to monitor usage levels, collect data and information, and to ensure compliance with applicable laws and agreements. Accordingly, if You access our Sites, you acknowledge and consent to Beyond Medical Staffing’s monitoring, collection and use practices. Please see Beyond Medical Staffing’s Privacy Policy for a summary of its practices in this regard.

Alleged Copyright Violations

It is the policy of Beyond Medical Staffing to take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. If you become aware of transmissions or postings that violate these rules or believe your copyrighted work has been inappropriately used or made accessible through our Sites, please notify Beyond Medical Staffing’s in writing at the address provided below.

Links to Other Sites

Beyond Medical Staffing may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience. These sites have not necessarily been reviewed by Beyond Medical Staffing and are maintained by third parties over which Beyond Medical Staffing exercises no control. Accordingly, Beyond Medical Staffing expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply that Beyond Medical Staffing has endorsed any third party, any third-party website, or the products or services provided by any third party.

Disclaimer

OUR SITES AND ALL INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH OUR SITES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. BEYOND MEDICAL STAFFING MAY MAKE MODIFICATIONS AND/OR CHANGES TO OUR SITES OR TO THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OUR SITES AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON OUR SITES. WE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON OUR SITES FOR ANY PURPOSE. WE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. WE ALSO MAKES NO REPRESENTATION OR WARRANTY THAT OUR SITES WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN, OR DISSATISFACTION WITH, OUR SITES OR ANY INFORMATION THEREIN IS TO CEASE USE OF OUR SITES.

MOREOVER, IN NO EVENT SHALL BEYOND MEDICAL STAFFING BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OF, OR ACCESS TO, OUR SITES OR THE DELAY OR INABILITY TO USE OUR SITES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF BEYOND MEDICAL STAFFING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH OUR SITES IS TO STOP USING OUR SITES.

NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF BEYOND MEDICAL STAFFING FOR ANY REASON WHATSOEVER RELATED TO YOUR USE OF, OR ACCESS TO, OUR SITES AND ALL INFORMATION AND SERVICES THEREIN, OR WITH THE DELAY OR INABILITY TO USE OUR SITES, INFORMATION, OR SERVICES THEREIN, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.

Indemnification

You agree to defend, indemnify, and hold harmless Beyond Medical Staffing, its affiliates, officers, directors, employees, agents, licensors, clients, and subcontractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) relating to or arising from: (i) Your use of our Sites, (ii) Your violation of the Terms; (iii) Your violation of any third-party rights relating to or arising out of Your use of our Sites, or (iv) Your violation of any law or regulation relating to, or arising out of, Your use of, or access to, our Sites.

Term and Termination

The Terms shall take effect immediately upon: Your access to, or use of our Sites after the Terms are posted or, if you have executed a separate agreement incorporating or referencing these Terms, the effective date of such agreement. Our Sites are provided as a convenience to assist Beyond Medical Staffing in conducting its business. Beyond Medical Staffing reserves the right to modify, change, or disable our Sites or Your use of, or access to our Sites, at any time with or without notice. Beyond Medical Staffing shall not be liable for damages in connection with such terminations, disabling, modifications, or changes.

In addition, we reserve the right to modify or terminate the Terms at any time upon reasonable notice to You. You agree that Beyond Medical Staffing may provide reasonable notice of such modifications by posting the new or modified terms (the “Modified Terms”) on our Sites and specifying an effective date that is at least 10 days after the date the Modified Terms are initially posted. You agree that if You continue to use our Sites without written objection to Beyond Medical Staffing, You shall be considered to have accepted the Modified Terms as of the effective date stated therein. Such Modified Terms shall apply prospectively only. If the Terms are terminated or modified, these Terms shall apply only to pre-termination or pre-modification use, access, actions, or omissions.

You may terminate any of Your obligations under the Terms at any time by ceasing to use our Sites and, if You are a Registered User, by notifying Beyond Medical Staffing of your desire to terminate Your account. Upon termination, You must destroy all copies of Confidential Information in your possession, custody, or control, except that You may be permitted to obtain a copy of certain Confidential Information to the extent permitted in writing by Beyond Medical Staffing or where You are legally required to retain such records.

Notices

All notices, requests, demands or other communications to Beyond Medical Staffing shall be made in writing and shall be addressed to:

 

Contact Information

Beyond Medical Staffing LLC
44330 Mercure Circle Ste 160B

Sterling, VA 20166
Our Toll-Free number is 1 (866) 270-1774
Email: info@beyondmedicalstaffing.com

Beyond Medical Staffing may provide notice to You by posting on our Sites or otherwise contacting You at Your last known email address or last known mailing address.

MISCELLANEOUS

  1. The Terms and any claims arising out of or relating to the Terms or Your use of our Sites shall be governed by and construed in accordance with the laws of the State of Virginia, without reference to its conflict of law principles. You hereby consent to the exclusive personal jurisdiction in any state or federal court or arbitral forum located in Sterling, Virginia. If any provision of the Terms is held to be invalid, void, or unenforceable, all other provisions shall remain valid and be enforced and construed as if such invalid provision were never a part of the Terms. Unless otherwise provided herein, any dispute, controversy or claim arising out of or relating to this Agreement shall be submitted to binding arbitration before the office of Judicial Arbitration and Mediation Services (“JAMS”) located in Sterling, Virginia, as the exclusive remedy.

  2. You acknowledge that any breach, threatened or actual, of the Terms will cause irreparable injury to Beyond Medical Staffing, such injury would not be quantifiable in monetary damages, and Beyond Medical Staffing would not have an adequate remedy at law. You therefore agree that Beyond Medical Staffing shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of Your obligations under any provision of the Terms. Accordingly, You hereby waive any requirement that Beyond Medical Staffing post any bond or other security in the event any injunctive or equitable relief is sought by, or awarded to, Beyond Medical Staffing to enforce any provision of the Terms.

  3. You may not assign Your rights or obligations to any other person or entity without Beyond Medical Staffing’s prior written consent.

  4. No waiver, delay, or failure by Beyond Medical Staffing with respect to any right or provision under the Terms shall be deemed a waiver of any other provision or constitute a continuing waiver.

  5. No joint venture, partnership, employment, or agency relationship exists between you and Beyond Medical Staffing as result of the Terms or your utilization of our Sites.

  6. The headings in the Terms are for convenience or reference only and are not to be considered when construing the Terms.

  7. The Terms represent the entire agreement between You and Beyond Medical Staffing with respect to use of our Sites. The Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Beyond Medical Staffing that govern Your use of, or access to, our Sites. In the event You are or were an employee of Beyond Medical Staffing, the terms of any employment policies or written agreements signed with the requisite authority from Beyond Medical Staffing’s CEO relating to Your employment with Beyond Medical Staffing (including any arbitration agreements) shall control to the extent deemed inconsistent with the Terms.