Terms & Conditions
GigDeal Health Terms of Use
Last Updated: 08/16/21
1. ACCEPTANCE OF TERMS OF USE
The following terms and conditions constitute an agreement (the “Agreement” or ”Terms of Use”) between you and GigDeal Health, Inc (“GigDeal Health”, “we,”, “our” or “us”), the owner and operator of www.gigdealhealth.com(the “Site”) and related functions, applications, services and mobile applications provided by GigDeal Health and on/in which these Terms of Use are posted or referenced (collectively, the “Services”). These Terms of Use govern your use of the Services, whether or not you have created or registered for an account.
BY USING OR OTHERWISE ACCESSING THE SERVICES AND/OR BY CREATING AN ACCOUNT WITH US, YOU AGREE TO THE TERMS OF THIS AGREEMENT, INCLUDING THE INFORMATION PRACTICES DISCLOSED IN OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU CANNOT USE THE SERVICES. Please note that we offer the Services “AS IS” and without warranties. If you create or register for an account or use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf.
GigDeal Health encourages Students, Clinicians, Healthcare Providers and Healthcare Organizations (collectively “Users” or “Licensors”) to use the Services responsibly, but we have no control over, and cannot guarantee the accuracy or completeness of, any information provided by Users including the availability of a User at any particular time. WE WILL NOT BE LIABLE FOR CANCELLED OR OTHERWISE UNFULFILLED MATCHING, LOGISTICS, ASSIGNMENTS, APPOINTMENTS OR OTHER COMMITMENTS MADE BY ANY USER, OR ANY INJURY RESULTING THEREFROM, OR FOR ANY OTHER INJURY RESULTING OR ARISING FROM, OR RELATED TO, THE USE OF THE SITE OR SERVICES WHATSOEVER.
The information and materials presented on or through the Site are made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of any of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information or materials by you or any other User or visitor to the Site, or by anyone who may be informed of any of its contents.
We do not recommend or endorse any Healthcare Providers (Clinicians), opinions, references or other information that may appear through the Services. If you rely on any Content, you do so solely at your own risk. We encourage you to independently confirm any Content relevant to you with other sources, including the Healthcare Provider, practice office or location, medical associations relevant to the applicable profession and/or specialty, professional or state medical boards, and the appropriate licensing or certification authorities to verify listed credentials and education.
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION OR ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL OR ENTITY MENTIONED, LISTED, REGISTERED WITH US OR ACCESSIBLE THROUGH THE SERVICES.
YOU HEREBY WAIVE ANY AND ALL RIGHTS TO ASSERT ANY CLAIMS OF ANY NATURE WHATSOEVER AGAINST US ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE, AND HEREBY FURTHER RELEASE US AND AGREE TO HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OR LIABILITY OF ANY NATURE WHATSOEVER FOR ALL LOSSES, INJURIES, MEDICAL EXPENSES, OR DAMAGES OF ANY NATURE, FORM OR DESCRIPTION (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS AT ALL STAGES OF ANY LEGAL PROCEEDINGS) FOR ANY INJURIES OR DAMAGES SUSTAINED DIRECTLY OR INDIRECTLY AS A RESULT OF, OR IN CONNECTION WITH, YOUR USE OF THE SERVICES.
2. IMPORTANT INFORMATION ABOUT REGISTERED USERS
GigDeal Health (a) does not recommend or endorse any Student, Clinician, Healthcare Provider or Healthcare Organization (Users) who have registered or otherwise created a GigDeal Health account , (b) does not make any representations or warranties with respect to these Users or the quality of the healthcare services they may provide, and (c) does not receive any additional fees from Users for featuring them (i.e., higher or better placement on lists) through the Services (subject to GigDeal Health Score™ peer ranking). Note, however, to the extent that you use the Services, GigDeal Health may provide lists and/or User profiles based also on criteria determined by you.
User’s GigDeal Health Score™, if shown through the Services, is not, and should not be considered an endorsement or recommendation by GigDeal Health of the User’s qualifications.
3. REGISTERED USER RESPONSIBILITIES
3.1 User Account Credentials
When you create or register for a GigDeal Health account, you will provide an email address and create a password (collectively, “Account Credentials”). You should keep your Account Credentials private and not share your Account Credentials with anyone else. You must immediately notify us if your password has been stolen or compromised by sending an email to service@gigdealhealth.com
3.2 User Responsibilities Generally
You are responsible for ensuring that all information that you provide, enter, upload or otherwise record in your GigDeal Health registered account is accurate, true and current.
You are responsible for all use of the Services and for all use of your Account Credentials, including use by others to whom you have given your Account Credentials. You may only use the Site and the Services for lawful purposes. You may not use the Site in any manner that is unlawful or violates any laws rules or regulations, or in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means.
You will not use the Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.
In addition to our rights in these Terms of Use, we may take any legal action and implement any technological measures to prevent violations of the restrictions hereunder and to enforce these Terms of Use.
4. CHANGES TO THE SERVICES; NEW SERVICES; ADDITIONAL TERMS
4.1 Changes to the Services; New Services
- We may from time to time add new features to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Under no circumstances will GigDeal Health be liable for any suspension or discontinuation of any of the Services or portion thereof, and the use of new services will be governed by this Agreement.
4.2 Additional Terms
Some Services or functionality may have additional terms (including, without limitation, policies, guidelines, and rules) that will further govern your use of that particular Service, and supplement this Agreement. If you choose to register for, access or use any such Services, you may be presented with such additional terms by e-mail. By using those Services, you agree to comply with any such additional terms, which are incorporated by reference into this Agreement.
5. LINKS TO OTHER WEBSITES
While using the Services, you may encounter links to other websites including our vetted Channel Partners. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites. Although we attempt to link only to trustworthy websites, it is possible that they will contain materials that are objectionable, unlawful, or inaccurate and we will not be responsible or liable for the legality or decency of material contained in or accessed through such other websites.
6. CONTENT YOU SUBMIT AND RECEIVE
As a registered User, you have the opportunity to submit relevant documents including credentials, clinical experience, receive feedback or reference from others regarding your clinical and non-clinical performance. It is important that you act responsibly when providing or sharing your Posted Information.
By posting Posted Information through the Services, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, to GigDeal Health an irrevocable, perpetual, royalty-free, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information. This license is non-exclusive, except you agree that GigDeal Health shall have the exclusive right to practice this license to the extent of combining your Posted Information with the Posted Information of other GigDeal Health Users for purposes of constructing or populating a searchable information database related to the healthcare industry.
GigDeal Health reserves the right to investigate and, at our discretion, take appropriate legal action against anyone who violates these Terms of Use, including without limitation, removing any offending communication from the Services and terminating the account of such violators or blocking your use of the Services.
7. USE OF CONTENT; RIGHTS AND OWNERSHIP; PENALTIES FOR IMPROPER USE
All of the Content is owned by us and is protected by copyright, trademark, patent, and/or trade secret laws and other proprietary rights. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain GigDeal Health‘s proprietary information. We give you permission to use the Content for professional purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish, sell, or exploit any of the Content, or exploit the Site or Services in whole or in part, for any unlawful gain or purpose whatsoever. Except as expressly provided herein, neither GigDeal Health nor its affiliates grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by GigDeal Health to you are retained by GigDeal Health.
Users and visitors may not under any circumstances utilize any Posted Information or other Content for any purpose not consistent with the Service we provide, including without limitation for any purpose that directly or indirectly may be competitive with us, our business, or any other entity associated or affiliated with us. Specifically, and without limitation, no User or visitor may utilize our Posted Information or other Content to obtain contact information, pricing information, or other pertinent information for the purposes of recruiting any of our Users to provide products or services to any person or entity to affiliated with us. Any violators of this policy are subject to immediate termination from access to the Service, a lifetime ban from the Service, and shall be liable for liquidated damages in the amount of $5000 per violation.
Additionally, Users and visitors may not directly or indirectly circumvent the Service by seeking to effectuate transactions directly between each other without using the Service so as to avoid paying us the fees owed to us in connection with the Service. Any violators of this policy are subject to immediate termination from access to the Service, a lifetime ban from the Service, and shall be liable for liquidated damages in the amount of $5000 per violation.
Notwithstanding the foregoing, in the event that Users seek to establish a permanent employment or engagement relationship within a twelve-month period from the date of the last gig worked, the Users agree to pay us a one-time fee equal to $5000 or to an amount equal to one calendar month’s salary, whichever is the greater. Any Users that fail to comply with this provision are subject to immediate termination from access to the Service, a lifetime ban from the Service, and shall be liable for liquidated damages in the amount of $5000 per violation, as well as all of our attorney fees and any costs associated with identification of the violation and collection of the fee owed for the violation of this policy.
8. DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that information or Content available from the internet or the Site will be accurate and any downloads are free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
GIGDEAL HEALTH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. LIMITATION ON LIABILITY
IN NO EVENT WILL GIGDEAL HEALTH, ITS AFFILIATES, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless GigDeal Health, its affiliates, licensors, business partners, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.
11. GOVERNING LAW AND JURISDICTION
All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice- or conflict-of-law provision or rule.
Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in Palm Beach County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence, business practice or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
12. CHANGES TO THESE TERMS OF USE
We may change these Terms of Use and the other documents that are part of the Agreement at any time, as we reasonably deem appropriate. Upon any such change, we will post the amended terms on the Site; we may also attempt to notify you in some other way. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the Terms of Use or other applicable Agreement document, the modification, and agreement to abide and be bound by the Terms of Use or other applicable Agreement document, as amended. We encourage you to periodically review these Terms of Use and the Agreement. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THESE TERMS OF USE OR THE AGREEMENT, INCLUDING FOLLOWING ANY SUCH MODIFICATIONS HERETO, THEN YOU MUST STOP USING THE SITE AND THE SERVICES.
13. ELIGIBILITY OF USER
You must be 18 years of age or over to create an account with GigDeal Health or use the Site and the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only under the supervision of your parent or guardian who has agreed to these Terms of Use. Those under the age of 13 may not use the Site or Services. Parents or legal guardians of a child under the age of 18 may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child, and that all references in these Terms of Use to “you” shall refer to such child or such other individual on whose behalf you have authorization to enter into these Terms of Use and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual.
If you do not qualify under these Terms of Use, do not use the Site or Services. Use of the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use. The Site is administered in the United States of America (U.S.). Any use outside of the U.S. is at the user’s own risk. Users are responsible for compliance with any local, state or federal laws applicable to their use of the Services or the Site.
14. MISCELLANEOUS
14.1 Limitation of Claims
No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.
14.2 Assignment
We may assign this Agreement at any time, including, without limitation, to any parent, subsidiary, or affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.
14.3 Headings
The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.
14.4 Entire Agreement
This Agreement and any supplemental terms, policies, rules and guidelines posted through the Services, each of which are incorporated herein by reference, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of GigDeal Health to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Your Comments and Concerns
The Site is owned and operated by GigDeal, Inc.
All feedback, comments and other communications relating to the Terms of Use should be directed to: service@gigdealhealth.com
Thank you for visiting the Site.