Goodmind Terms of Service

At Goodmind Healthcare Staffing, (“Goodmind” or “we”), we are dedicated to providing our customers/applicants/candidates with outstanding customer service and uncompromising privacy protection. For this reason, we believe you should understand the terms of use that we have adopted to help us provide you with that level of service. Our Terms of Use establish your rights and obligations as a user of our website, mobile applications, and any other services provided by Goodmind. Binding Agreement Our website, mobile applications, and any other services provided by Goodmind, including all of the job placement and search features and capabilities offered by Goodmind (the “Services”), are being provided to you expressly subject to these Terms of Use. Please read these Terms of Use carefully. By accessing Our website, mobile applications, and any other services provided by Goodmind, you agree to be bound by these Terms of Use. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS THESE TERMS OF USE REQUIRE YOU TO SUBMIT ARBITRATION TO RESOLVE ANY AND ALL DISPUTES BETWEEN YOU AND GOODMIND AS WELL AS WAIVER OF RIGHTS. General Rules of User Conduct It is our goal to make the use of Our website, mobile applications, and any other services provided by Goodmind and Services a good experience for all of our users. As such, by using Our website, mobile applications, and any other services provided by Goodmind and Services you hereby agree not to do any of the following: Conduct or promote any illegal activities while using the website or Services; Fail to comply with all applicable laws while using Our website, mobile applications, and any other services provided by Goodmind or Services; Post on or through the website, or transmit to any other user or Goodmind employee, agent, or representative, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material; Post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights; Post, distribute, or reproduce any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights and rights of privacy and publicity). Attempt to reverse engineer or jeopardize the correct functioning of the website or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies Our website, mobile applications, and any other services provided by Goodmind; Attempt to gain access to secured portions of the website or Services to which you do not possess access rights; Upload or transmit any form of virus, worm, Trojan horse, or other malicious code; Use any automatic or manual process to search or harvest information from the website or Services, or to interfere in any way with the proper functioning of the website or Services; Send junk or unsolicited mail or other communications, ‘phishing’ or ‘scamming’; Impersonate another user or provider. Credentials When you create your account, you undertake to share the information required to process your orders/applications as requested online, including, your surname, first name (or corporate name of your company), address, phone number, and valid email. This data shall be processed in accordance with our Privacy Policy, where we describe how we manage, process, and store your data in the context of providing our services. You are responsible for the consequences of false or inaccurate information you have shared with us. You shall keep confidential and secure all credentials, User IDs, and passwords associated with your account (including the master account and any attached sub-accounts), and immediately notify us of any unauthorized use of your account, or of any theft or loss of credentials allowing access to the account. You agree not to provide your User ID or password to any unauthorized third party. Each account is personal and can only be accessed and used by you or the users duly authorized by you. You recognize and acknowledge that you may be liable for any unlawful, wrongful, or fraudulent use of the account, and you shall indemnify and hold us harmless as set forth in these Terms of Use. We reserve the right to request proof of your identity or authority before granting access to your account. You represent and warrant that all information submitted in connection with the establishment and use of your account will be accurate. You acknowledge any unauthorized use of credentials, User IDs, or passwords by or on behalf of you will constitute a material breach of these Terms of Use. Content You shall be solely and wholly liable (i) for any data, information, or content sent by you through the website or Services, including if such content is provided by a third party, such as an SMTP relay or via the routing of an entire infrastructure (the “Content”), and (ii) for the Content’s compliance with the regulations in force in accordance with these Terms of Use. You acknowledge that we have the right, but not the obligation, to monitor the website and Services and any Content submitted. To comply with legal obligations in this respect, we may take any actions including, without limitation, removing Content or denying routing of certain data that we reasonably believe are necessary to prevent unlawful activity in connection with the website or Services, but have no affirmative duty to do so, as the affirmative duty rests solely with you. You expressly acknowledge and agree that Goodmind shall not be liable for any loss or destruction of the Content and that you shall be responsible for ensuring that you have proper backups thereof. You acknowledge and agree your use of Our website, mobile applications, and any other services provided by Goodmind and/or Services is entirely voluntary and at your sole risk. Goodmind does not make any guarantee with regard to the website or Services. Copyrights/Trademarks/Restrictions on Use All of the pages and screens on the website are owned and controlled by Goodmind, except as otherwise expressly stated, and are protected by U.S. copyright laws and international treaties. The copyrighted materials on Our website, mobile applications, and any other services provided by Goodmind include, but are not limited to, the text, design, software, images, graphics, source code, and the content on the website. You are authorized to view the information available on the website for your informational purposes only. You may download copyrighted materials for your personal or internal business purposes only. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Except as provided herein, you may not copy, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works of or republish all or any portion of the website for any commercial or public purpose without Goodmind’s prior written consent. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the website except as authorized in this paragraph. You may not use any Goodmind trademark as a link to Our website, mobile applications, and any other services provided by Goodmind except pursuant to a written trademark license agreement. During your use of the website or Services, you shall have the non-exclusive, non-assignable, royalty-free, worldwide limited right to use the website and/or Services solely for your personal use and subject to the terms herein and any other policies Goodmind may have, including, without limitation, our Privacy Policy. You are solely responsible for your compliance with these Terms of Use. You shall not acquire, herein, any license to use the website or Services in excess of the scope and/or duration of the Services. Upon the termination or expiry of the Services thereunder, your right to access or use the Services shall terminate. By posting, submitting, providing, and/or otherwise making available any Content, you expressly grant, and represent that you have a right to grant, to Goodmind, a royalty-free, sublicensable, perpetual, transferable, non-exclusive, worldwide license to use, sell, reproduce, adapt, translate, sublicense, publicly perform, publicly display, and make derivative works from and otherwise exploit, all such Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for the purposes of posting Content on the Goodmind websites and distributing such Content to in compliance with applicable data privacy laws. This license continues even if you stop using the website or Services to the maximum extent permitted by applicable laws. You represent and warrant that you have the rights, power, and authority necessary to grant the rights described in this section to Content that you submit, provide, make available or post, via the website or Services, that the use by Goodmind of Content will not violate any law or infringe the rights of any third party, and that the Content and any other information that you provide to Goodmind is legal, complete, legitimate, truthful, and accurate. Privacy Our Privacy Policy explains how we collect, use, and disclose information that pertains to your privacy. The Privacy Policy forms part of our agreement with you and is incorporated in this Agreement by reference. For full details, please refer to our Privacy Policy. Any communications between you and Goodmind, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying Our website, mobile applications, and any other services provided by Goodmind or Services will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever. Mobile Application Permissions When using our mobile applications, you may be asked to grant certain permissions for the app to access features of your device, such as your camera, microphone, location services, or contact list. These permissions are used solely to enhance your experience with the app by providing functionality necessary for certain features. Location Data: We may request access to your device's location data to help you find services or professionals nearby, or to provide personalized content based on your location. You can enable or disable location services at any time through your device settings. Camera and Microphone: Certain features of the app may require access to your device’s camera and/or microphone (e.g., uploading documents or video conferencing). You will be prompted for permission before such access, and you can manage these permissions via your device settings. Contact List: The app may request access to your contact list if you choose to refer friends or colleagues to Goodmind services. This is an optional feature, and you can manage permission through your device settings. You can control these permissions at any time through your device settings, and your decision to grant or deny access will not affect your use of the core features of the app. Push Notifications Our mobile applications may send you push notifications to keep you informed about important updates, available shifts, or promotional offers. By installing and using our mobile applications, you consent to receive these notifications. Opting In/Out: You may control your preferences for push notifications through the settings on your mobile device. If you choose to disable push notifications, you may miss out on time-sensitive updates, but your use of the app will not be affected. Please note that critical notifications related to your account or security updates may still be sent even if you have disabled promotional notifications. Links to Third Party Websites Our website, mobile applications, and any other services provided by Goodmind may contain links to third-party websites that are not owned, operated, or controlled by Goodmind. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third-party website. By using Our website, mobile applications, and any other services provided by Goodmind or Services, you expressly relieve us from any and all liability arising from your use of any third-party website. Third Party Products and Services Goodmind may from time to time promote or offer services and/or products of a third party. In no event shall Goodmind be liable for any incidental, indirect, special, incidental, exemplary, punitive, or consequential damages arising out of your purchase, inability to purchase, or use of such third-party services or products. All third parties who utilize the website or Services are solely responsible for compliance with these Terms of Use, Goodmind’s Privacy Policy, and all applicable laws, including user privacy rights (i.e., CCPA, GDPR, etc.). Disclaimer THE WEBSITE AND SERVICES ARE OFFERED ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITH NO WARRANTY OF ANY KIND—WHETHER EXPRESS, IMPLIED, OR STATUTORY—INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT NEITHER Goodmind NOR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES OR THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THE WEBSITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICES AND THE WEBSITE. Goodmind DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED WEBSITES OR PURCHASED VIA LINKED WEBSITES (THIS DOES NOT AFFECT ANY MANUFACTURER’S WARRANTIES THAT THE PROVIDERS OF THE LINKED WEBSITES OTHERWISE OFFER.) EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT Goodmind IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE WEBSITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Goodmind SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION OR USE OF THE SERVICES, THE WEBSITE, OR ANY ON-LINE SERVICES OR INTERNET BROWSER SOFTWARE, INCLUDING LIABILITY ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR LOSS, INCLUDING, BUT NOT LIMITED TO, THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION, WHETHER CAUSED BY SOFTWARE, HARDWARE OR OTHERWISE, AND WHETHER FOR BREACH OF CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED FROM OR THROUGH THE USE OF OUR WEBSITE, MOBILE APPLICATIONS, AND ANY OTHER SERVICES PROVIDED BY Goodmind OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Section 230 of the U.S. Communications Decency Act (“CDA”) (and the equivalent or similar laws in your jurisdiction) is intended to exclude or limit the liability of online service providers such as Goodmind, when such online service providers provide or make available access to third party user generated content (see § 230 (c)(1) which states: “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider).” The decision by Goodmind to remove or not post or distribute any Content, does not by itself amount to participation in the creation of such Content and, accordingly, does not constitute a waiver of the immunity afforded by the CDA. Use by Children under the Age of 13 Goodmind is committed to complying fully with the Children’s Online Privacy Protection Act. Accordingly, if a user of this website is under the age of thirteen, that user is not authorized to provide us with personally identifying information. Users under the age of thirteen and their parents or guardians are cautioned that the collection of personal information volunteered by unauthorized children online or by email will be treated the same as information voluntarily given by an adult until Goodmind becomes aware that the user is under the age of thirteen. This website is not directed at children under the age of 13. If you are younger than 13, please do not provide any personally identifying information in connection with your use of this website. Access to Services You may establish one (1) authorized user account through which you will use and access the Services; provided that, you are at least eighteen (18) years old; provided, however, that if you are under the age of 18 or the age of majority in your jurisdiction, you must use the website and Services under the consent and supervision of your parent, legal guardian or responsible adult. You authorize Goodmind to use your Content including, without limitation, a valid email address owned or controlled by you (“the User Information”) to communicate with third parties. You agree that any notices, agreements, disclosures or other communications that Goodmind sends to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You consent to Goodmind’s use and disclosure of the Content solely in connection with its provision of the Services and in accordance with the terms herein. Revisions to Terms of Use Goodmind reserves the right to revise these Terms of Use at any time without notice, but the most current version of the Terms of Use will always be available to you by clicking on the link at the bottom of the website. If you find the Terms of Use unacceptable at any time, you should discontinue use of the website and Services. By continuing to access the website and Services after the date of any change to these Terms of Use, you agree to be bound by the rules contained in the most recent version of this Agreement. Termination Goodmind may change or discontinue the website or any of the Services at any time without prior notice. We reserve the right to terminate this Terms of Use at our election and for any reason, without prior notice, and these Terms of Use will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the website and Services. Indemnification You agree to defend, indemnify, and hold harmless Goodmind, its affiliates, and its respective directors, officers, employees, and agents from and against all claims, losses, damages, costs, and expenses, including attorneys’ fees, arising out of your violation of these Terms of Use, Privacy Policy, or misuse of the Services or this website or your account, including such violations or misuses conducted by your employees or agents, if applicable. Governing Law These Terms of Use constitute a contract between you and Goodmind governed by the laws of the Commonwealth of Massachusetts. Goodmind’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Goodmind nor any trade practices shall be deemed to modify these Terms of Use. General Subject, to Goodmind’s right to amend, which you have an affirmative obligation to keep apprised of, these Terms of Use is the entire agreement between you and Goodmind and governs their relationship to the exclusion (to the extent permitted by law) of any other terms and conditions (other than those implied by law). Any reference to any legislation or legislative provision in this Agreement shall be construed as a reference to that legislation or provision as amended, re-enacted or extended at the relevant time. You acknowledge and agree that you have not been induced to enter into these Terms of Use in reliance upon any representation or other promise of any nature whatsoever other than as expressly set out herein. These Terms of Use are binding on each party and their respective successors and assigns. You may not assign any rights herein without Goodmind’s written consent. No person other than Goodmind and you has any right to a benefit under, or to enforce the terms herein. Any waiver under these Terms of Use must be in writing and signed by the waiving party. No delay, neglect or forbearance by either party in enforcing any provision herein shall be deemed to be a waiver or in any way prejudice any rights of that party. Except as otherwise permitted in these Terms of Use, notices under these Terms of Use shall be in writing and shall be deemed to have been given (a) five (5) business days after mailing if sent by registered or certified U.S. mail, (b) when transmitted if sent by facsimile or email, provided that a copy of the notice is promptly sent by another means specified in this section, or (c) when delivered if delivered personally or sent by express courier service. All notices shall be sent to you at the addresses provided by you at the time you register your information on the website. If any provision of these Terms of Use is, or becomes, illegal, unenforceable or invalid, the provision must be treated for all purposes as severed from these Terms of Use without affecting the legality, enforceability or validity of the remaining provisions of these Terms of Use. Any provision that by its nature should or implicitly should survive termination, shall survive termination of the parties relationship and the Services. Legal Disputes Subject to Arbitration, Dispute Resolution, and Class Action Waiver PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. This section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms of Use or any prior agreement (including, but not limited to, claims related to interactions between users); and claims that may arise after the termination of these Terms of Use. You agree to resolve any and all disputes with Goodmind as follows: Pre-Arbitration Dispute Resolution: For any and all disputes, claims, or controversies you may have against Goodmind (“Disputes”), whether pursued in court or arbitration, you must first give us an opportunity to resolve the Dispute informally by contacting us through this link email https://empowercare.us/about/contact-us with the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the Dispute within forty-five (45) days after receiving your notification, then you may pursue resolution of the Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below. Exclusions from Arbitration Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ agreement to resolve Disputes through arbitration, either party may (1) bring enforcement actions, validity determinations or claims arising from or relating to misuse, infringement, or misappropriation of intellectual property theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights); and/or (2) seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.