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TotalMed Terms & Conditions

Effective Date: December 23, 2023

Totalmed Holdings, LLC (“Totalmed”) is a Delaware limited liability company with headquarters in Appleton, Wisconsin. Totalmed is the provider of the Totalmed+ mobile application and website, and all related services (collectively, the “Services”).

PLEASE READ THESE GENERAL TERMS OF USE (THE “TERMS”) CAREFULLY BECAUSE THEY GOVERN THE RELATIONSHIP BETWEEN YOU AND TOTALMED, AS WELL AS YOUR USE OF THE SERVICES. BY USING THE TOTALMED+ MOBILE APPLICATION OR ANY OF OUR OTHER SERVICES, YOU ARE ACKNOWLEDGING AND AGREEING TO BE BOUND BY THESE TERMS.

You hereby represent and warrant that you have the legal right and ability to agree to and be bound by these Terms. You consent to the use of electronic signatures when necessary, and you acknowledge that electronic signatures are legally binding and enforceable.

Totalmed may, in its sole discretion, make changes to these Terms from time to time. Any such changes shall be effective immediately upon their publication on the mobile application and/or the website. By continuing to use the Services following such publication, you agree to be bound by the modified terms. You should review the Terms on a regular basis. If at any time you do not agree to these Terms, you should discontinue use of the Services.

License to Use

Subject to the restrictions and conditions set forth in these Terms, Totalmed hereby grants you a non-exclusive, limited, revocable, non-transferable license to access, view and use the Services in compliance with all applicable laws and regulations. This license does not include the right to copy, disseminate or make any commercial use of the Services except as explicitly set forth in these Terms. You shall not use or allow any third party to use any data mining, data scraping, or similar data gathering and extraction tools or techniques with respect to the Services. The license set forth herein shall automatically expire when you cease to use the Services. Totalmed has the right to terminate the license as set forth herein.

Totalmed Intellectual Property

All content of the Totalmed mobile application, the website and other written or electronic materials provided by Totalmed, including but not limited to trademarks, service marks, trade dress, trade secrets, inventions (whether patentable or not) and copyrights (collectively, the “Intellectual Property”) is the sole property of Totalmed or its licensors. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, display, disseminate, modify, create derivative works from, transmit, distribute or otherwise use any Intellectual Property, without Totalmed’s prior written consent. Except as provided herein, Totalmed does not grant to you any express or implied rights to use the Intellectual Property.

Registration; Your Account

In order for you to enjoy certain features of the Totalmed+ mobile application and/or the website, you need to register for an account. While this registration is voluntary, certain functions may not be accessible or may not function properly if you do not register and create an account. You must be at least eighteen (18) years of age in order to create an account.

When you create your account, you must share certain information, including but not limited to your full name (or corporate name of your company), address, phone number, and email address. You must maintain accurate, complete and up-to-date information in your user account.

You must set up a username and password for your account, and you agree to maintain the confidentiality and security of your username and password at all times. You must notify us immediately if you suspect any unauthorized access to or use of your account. You are solely responsible for all activity that occurs within your account. You may not authorize third parties to use your account. Totalmed reserves the right to request proof of your identity or authority before granting access to your account.

With your permission, Totalmed may share the information posted in your account with prospective employers.

Your Content

You hereby grant to Totalmed a non-exclusive, irrevocable, perpetual, worldwide, transferable and sub-licensable license to use any and all content that you post on the Totalmed+ mobile application or the website, including but not limited to text, graphics, photographs, videos, feedback, suggestions and ideas (collectively, “Your Content”). Totalmed may exploit Your Content in any way allowed by law, including copying, display and disseminating Your Content in any manner or medium, now known or hereafter discovered throughout the universe, without further permission from or notice to you.

You represent and warrant that you have the legal right to post Your Content, and to grant the foregoing license to Totalmed. You hereby represent and warrant to Totalmed that Your Content does not infringe upon or misappropriate any right of any third party, or violate any third party’s right of publicity or right to privacy.

You represent and warrant that Your Content does not contain any of the following information: national insurance numbers, passwords, security credentials, or sensitive personal or health information of any kind. Notwithstanding the foregoing, if you are a covered entity under HIPAA, you agree to contact us at (866) 288-8001 in order to request a business associate agreement prior to using the Services. If Totalmed agrees to enter into a business associate agreement with you, you must follow the terms thereof.

You acknowledge and agree that Totalmed has the right, but not the obligation, to monitor the Services and Your Content. To comply with legal obligations in this respect, we may take any actions (including removing Your Content or denying routing of certain data and emails that we reasonably believe are necessary to prevent unlawful activity in connection with the Services). You expressly acknowledge and agree that Totalmed Holdings, LLC shall not be liable for any loss or destruction of Your Content and that you shall be responsible for ensuring that you have proper backups thereof.

Prohibited Conduct

It is Totalmed’s goal to make the use of the Services a great experience for all of our users, so you agree not to do any of the following:

· conduct or promote any illegal activities while using the Services;

  • · post on or through the Services, or transmit to any other user or Totalmed 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, rights and rights of privacy and publicity);
  • · attempt to reverse engineer or jeopardize the correct functioning of the Services, or otherwise attempt to derive the source code of any of Totalmed’s software (including the tools, methods, processes, and infrastructure) that enables or underlies the Services;
  • · attempt to gain access to secured portions of the Totalmed+ mobile application or the 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 Services;
  • · interfere in any way with the proper functioning of the Services; or

· impersonate another user.

Privacy Policy

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, at https://www.totalmed.com/priva...

Links to Third Party Websites

The Totalmed+ mobile application and/or our website may include links to other websites, including those operated and maintained by third parties. Totalmed includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked website, its owner or its contents. Third parties’ websites are not subject to these Terms or our Privacy Policy. You should carefully review the terms of use and privacy policies for any website that you visit through a link from Totalmed.

Totalmed hereby disclaims liability for any any third party’s website, content, products, privacy policies, or security. Any advice, opinions, or recommendations provided by the linked website providers are those of the providers and not of Totalmed.

Disclaimer of Warranties

THE SERVICES ARE OFFERED ON AN "AS IS," "WHERE IS" AND "WHERE AVAILABLE" BASIS, WITH NO WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, TOTALMED MAKES NO WARRANTIES ABOUT THE SERVICES, AND HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, 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. NEITHER TOTALMED NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS MAKE ANY CLAIM OR WARRANTY THAT THE SERVICES OR THE TOTALMED+ MOBILE APPLICATION 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 TOTALMED+ MOBILE APPLICATION, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, SERVICES, OR MERCHANDISE PROVIDED THROUGH THE SERVICES AND THE TOTALMED+ MOBILE APPLICATION.

Limitation of Liability

EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT TOTALMED SHALL NOT BE RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE MOBILE APPLICATION. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TOTALMED 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 YOUR ACCESS TO OR USE OF THE SERVICES, THE TOTALMED+ MOBILE APPLICATION, 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 THE TOTALMED+ MOBILE APPLICATION 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 MOBILE APPLICATION MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

IF YOU ARE DISSATSIFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF TOTALMED TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICES EXCEED, IN THE AGGREGATE, $100.00.

Indemnification

You agree to indemnify, defend and hold harmless Totalmed and its officers, directors, employees, agents and licensors from any claims, damages, costs, expenses (including reasonable attorneys’ fees), allegations, losses, and liabilities of any nature whatsoever arising from or relating to: your violation of these Terms; your use or misuse of the Services; Your Content; your access to or use of any websites linked by Totalmed; and any dealings between you and any third parties relating to the Services.

Totalmed maintains the right to employ outside counsel and assume control of the defense and settlement of any matter subject to your indemnification obligation.

Termination

By Totalmed:

Totalmed reserves the right, within our sole discretion, to modify, suspend or discontinue the Totalmed+ mobile application or any of the Services at any time without prior notice. You hereby acknowledge and agree that Totalmed will not be liable to you or any third party for any such modification, suspension or discontinuation of the Services.

In addition, Totalmed may immediately terminate your access to and use of the Services in the event that you violate any of these Terms. In the event of such termination, you will immediately cease access to the Services.

By You:

You have the option to delete your account at any time. To initiate this process, simply access the in-app support feature. Within the Totalmed+ mobile application, you will find a link to chat with a support representative. Our support team is available to assist you with the account deletion process and to answer any questions you may have.


Upon your request to delete your account, Totalmed will remove your account information from our active databases. This includes personal details, user history, and any other data linked directly to your account. Our aim is to ensure that your information is handled with respect and in accordance with your wishes.

Please note, if you have previously engaged in employment applications with TotalMed through our Totalmed+ mobile application, certain employment-related information may be retained. This retention is required for Totalmed to comply with legal requirements and is independent of your account status. Such information includes, but is not limited to, employment application records, background check results, and any other data pertinent to your employment application process. The retention of this data is governed by applicable laws and regulations, and is maintained independent of your account, which will be closed.

For any further inquiries or specific questions regarding account deletion, data retention, or any related topics, please contact the Totalmed support team through the in-app chat feature or by emailing staffinghelp@totalmed.com.

Governing Law; Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any conflict of law principles. Any claim, dispute or other legal proceeding related to or arising from these Terms shall be brought and litigated exclusively in state or federal courts located in the State of Delaware, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

California Consumer Rights Notice

Pursuant to California Civil Code Section 1789.3, California residents may also be entitled to the following specific consumer rights notice:

The name, address and telephone number of Totalmed:

Totalmed Holdings, LLC

221 W. College Avenue, Floor 2

Appleton, Wisconsin 54911

Phone number: 866.288.8001

Complaints regarding the Services or requests to receive further information regarding use of the Services may be sent by e-mail to staffinghelp@totalmed.com.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, CA 95834 or by telephone at (800) 952-5210.

Miscellaneous

Unless otherwise specified herein, these Terms and the Privacy Policy incorporated herein constitute the entire agreement between you and Totalmed with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Totalmed with respect to such subject matter.

If any part of these Terms 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 portion shall remain in full force and effect.

You may not assign, delegate, transfer, or sublicense your rights or obligations under these Terms. Any purported assignment, delegation, transfer or sublicense by you shall be ineffective and void. Totalmed may freely assign, delegate, transfer or sublicense any or all of our rights or obligations under these Terms, without notice to you and without requiring your consent.

The failure of Totalmed to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Totalmed solely as a result of these Terms or your use of the Services.

The subject headings of the sections of these Terms are included for purposes of convenience only and shall not affect the construction of interpretation of any of the provisions of these Terms.

Children

No individuals under 18 years of age are authorized to use the Services. Individuals submitting information to Totalmed through the Totalmed+ mobile application or the website hereby represent that they are over 18 years of age.

Contact Information

If you have any questions, please contact us:

• By email: staffinghelp@totalmed.com

• By phone: 866.288.8001

• By physical mail: 221 W. College Avenue, Floor 2, Appleton, Wisconsin 54911


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