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IsentCare Products Terms of Use

Last Revised: October 1, 2024

The IsentCare suite of products, are published, owned, and operated by IsentCare. (“Isencare,” “the Company,” “we,” “us,” and “our”). These Terms of Use (the “Terms”) govern your access to and use of the Products.

IMPORTANT – BY SIGNING UP AS AN INDIVIDUAL USER OF THE PRODUCTS (“USER,” “YOU,” “YOUR”) YOU ARE ACKNOWLEDGING THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS OF USE. FURTHERMORE, IN THE EVENT YOU ARE ACCEPTING ON BEHALF OF YOUR EMPLOYER OR OTHER ENTITY (“CUSTOMER”), YOU REPRESENT AND WARRANT THAT ALL SUCH USE OF THE PRODUCTS ON YOUR BEHALF IS SUBJECT TO THIS AGREEMENT, INCLUDING ANY CUSTOMER MASTER SERVICES AGREEMENT, CUSTOMER ENTERPRISE TERMS OF SERVICE, ANY RELATED ORDER FORM, ANY STATEMENT OF WORK AND ANY APPLICABLE CUSTOMER POLICIES AND PROCEDURES PERTAINING TO THE USE OF THE PRODUCTS.

IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT ACCEPT THESE TERMS OR USE THE PRODUCTS.

By accessing, browsing, submitting information to and/or using the Products, you agree and acknowledge on your own behalf that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives.

Purpose of the Products. IsentCare provides the Products to deliver commercial business-to-business software as a service (“SaaS”) application to solve workforce challenges in healthcare. The information provided in these Terms is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services.

We do not warrant the accuracy, completeness, or usefulness of this information at any particular time. Any reliance you place on such information is strictly at your own risk. IsentCare disclaims all liability and responsibility arising from any reliance placed on such content by you or any other user of our Products, or by anyone who may be informed of any of its contents. Any information you provide or that is collected by IsentCare through the Products shall be handled in accordance with the Products’ Privacy Policy, which is hereby incorporated by reference

IsentCare is not a healthcare provider, payer or clearing house. IsentCare is a business that provides intuitive software and proactive services to solve workforce challenges in healthcare.

License and Use of Products. IsentCare grants you a non-exclusive right to access and use the Products and the data, material, content or information herein (collectively, the “Content”) solely for your use in with connection Healthcare staffing. Your right to access and use the Products shall be limited to non-commercial purposes unless you are otherwise expressly authorized by IsentCare to use the Products for commercial purposes. You agree to use the Products only for lawful purposes, comply with all rules governing any transactions on and through the Products and comply with applicable laws.

IsentCare shall have a non-exclusive, non-transferable, worldwide, perpetual, irrevocable license to collect, analyze or use statistical data relating to Products solely for the management and improvement of its Products. IsentCare’s use, collection and disclosure of the any User information shall comply with applicable law and the posted terms of our Privacy Policy.

Prohibited Uses. You agree that you will not:

  • Use the Products in any manner that could damage, disable, overburden, or impair the Products or interfere with any other party’s use and enjoyment of them.
  • Attempt to gain unauthorized access to any Product account, computer systems or networks associated with IsentCare or the Products;
  • Obtain or attempt to obtain any materials or information through the Products by any means not intentionally made available or provided by IsentCare;
  • Use any robot, spider, or other automatic device, process or means to access the Products for any purpose, including monitoring or copying any of the material on the Products;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
  • Attack the Products via a denial-of-service attack or a distributed denial-of-service attack; or
  • Impersonate or attempt to impersonate IsentCare, an IsentCare employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
Notice Specific to Documents Available on the Sites

Permission to use Documents (such as white papers, press releases, datasheets and FAQs, together “Documents”) from the Services is granted, provided that (a) you do not remove any copyright notices on the Documents, (b) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (c) no modifications of any Documents are made. Use for any other purpose is expressly prohibited.

Documents specified above do not include the design or layout of the IsentCare Sites. Elements of the Sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any IsentCare Sites may be copied or retransmitted unless expressly permitted by IsentCare.
IsentCare AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. IsentCare AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. IsentCare AND ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES IN THE PRODUCT(S) OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
Use of Communication Services

The Services may contain chat areas, news groups, forums, communities, calendars, photo albums, file cabinets or other message or communication facilities that may allow you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. IsentCare has no obligation to monitor the Communication Services. However, IsentCare reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. IsentCare reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. IsentCare does not control or endorse the content, messages or information found in any Communication Services and, therefore, IsentCare specifically disclaims any from your participation in any Communication Services.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction or dissemination; you are responsible for adhering to such limitations if you download the materials.

IsentCare reserves the right at all times to disclose any information as IsentCare deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in IsentCare sole discretion.

Materials Provided to IsentCare or Posted at any IsentCare Sites

IsentCare does not claim ownership of the materials you provide to IsentCare including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting IsentCare, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of your Submission, as provided herein. IsentCare is under no obligation to post or use any Submission you may provide and IsentCare may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.

Notice and Consent to Receipt of Text (SMS) Messaging and Phone Calls. You may have the opportunity to receive SMS or "text" messages, pre-recorded voice messages or auto-dialed phone calls or other notifications from IsentCare for the purposes of providing you informational updates about services or Products you may have requested, including employment related communication. In providing your mobile device number or cell phone number to IsentCare, you knowingly consent to such communications from IsentCare or for IsentCare to use your cell phone number or mobile device number in accordance with IsentCare’s Products’ Privacy Policy. You represent that you have the authority to agree to receive text messages at the telephone number that you provide to IsentCare, or from which you sent the text message request to us. You further acknowledge that no purchase is required to opt into this service, and you may opt out at any time by following instructions from IsentCare and as described in the Products’ Privacy Policy.

Not all mobile devices or handsets may be supported by this service. IsentCare and any mobile carriers are not liable for delayed or undelivered messages. Message and data rates may apply to any text messages. Message frequency depends on the nature of your use and requests and your employer’s use of the Products. You hereby agree to be responsible for all costs, charges and fees you incur from your service or device provider as a result of choosing to receive such messages from IsentCare.

Third-Party Sites. The Products may contain links to websites controlled or operated by persons and companies other than IsentCare (“Linked Sites”). Linked Sites are not under the control of IsentCare, and IsentCare is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. IsentCare is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site. IsentCare is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by IsentCare of the site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites. You are solely responsible for any dealings with third parties who support IsentCare or are identified in the Products, including any delivery of and payment for goods and services.

Third-Party Applications. You acknowledge that your access and use of any third-party applications or software on our Products and Content (the “Third-Party Applications”) is at your discretion and risk, and IsentCare has no liability to you arising from your use of the Third-Party Applications. IsentCare hereby disclaims any representation, warranty, or guaranty regarding the Third-Party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-Party Applications, and you agree to indemnify and hold IsentCare harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the Third-Party Applications.

Intellectual Property Notices. The Products and Content are protected by copyrights, trademarks, patents, or are subject to other proprietary rights. “IsentCare” is a trademark federally registered with the United States Patent and Trademark Office. Accordingly, you are not permitted to use the Products or Content in any manner, except as expressly permitted by IsentCare in these Terms. The Products or Content may not be copied, reproduced, modified, reverse-engineered, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives with the express written consent of IsentCare or applicable owner.

You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Products. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, IsentCare or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

Questions regarding the use of any intellectual property provided on the Products should be directed to support@IsentCare.com.

United States Only. IsentCare is based in the United States. IsentCare provides the Products for use only by persons located in the United States . We make no claims that the Products or any of their contents are accessible or appropriate outside of the United States. Access to the Products may not be legal by certain persons or in certain countries.

Disclaimer. ALL INFORMATION OR SERVICES PROVIDED BY IsentCare TO YOU VIA THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. IsentCare AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, IsentCare AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE PRODUCTS OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE PRODUCTS. YOU SPECIFICALLY ACKNOWLEDGE THAT IsentCare AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE PRODUCTS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER IsentCare NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. IsentCare FURTHER MAKES NO WARRANTY THAT THE PRODUCTS WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE PRODUCTS IS AT YOUR SOLE RISK AND THAT IsentCare, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE PRODUCTS OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST IsentCare FOR DISSATISFACTION WITH THE PRODUCTS OR THE CONTENT IS TO CEASE YOUR USE OF THE PRODUCTS AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.

Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL IsentCare OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE PRODUCTS, OR THE CONTENT, DATA, OR INFORMATION ACCESSED VIA THE PRODUCTS OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE PRODUCTS, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF ISENCARE OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE PRODUCTS SUBJECT TO THESE TERMS OF USE, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Indemnity. You agree to defend, indemnify and hold harmless IsentCare and its affiliates, licensors and service providers 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 or your use of the Products, including, but not limited to, any use of the Content or services other than as expressly authorized in these Terms or your use of any information obtained from the Products.

Termination and Restriction of Access. In its sole discretion, IsentCare may terminate or suspend your access to the Products for breach of these Terms. IsentCare reserves the right to report any User found to have violated these Terms or otherwise misused the Products. IsentCare shall not be liable for any losses or damages arising from any such termination of service, or notification of misuse of the Products or violation of these Terms.

Arbitration. At its sole discretion, IsentCare may require you to submit any disputes arising from use of the Products, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law. By using the Products, you hereby consent to submission of any dispute to be final and binding arbitration.

Limitation on Time to File Claims. Any cause of action or claim you may have arising out of or relating to these Terms or the Products must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Governing Law & Jurisdiction. These Terms are governed by the laws of the State of Ohio, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Cleveland, Ohio, U.S.A. in all disputes arising out of or relating to the use of the Products.

Changes to these Terms of Use. IsentCare may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by IsentCare. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Products after any such change is communicated shall constitute your consent to such change(s).

General. You agree that no joint venture, partnership, employment, or agency relationship exists between you and IsentCare as a result of these Terms or use of the Products. You may not assign these Terms without the prior written consent of IsentCare in all instances. IsentCare may assign these Terms, in whole or in part, at any time. IsentCare’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of IsentCare’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Products or information provided to or gathered by IsentCare with respect to such use.

If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.

These Terms, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and IsentCare with respect to the Products, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and IsentCare. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

IsentCare Contact Information. Questions can be directed to IsentCare at support@IsentCare.com.