TempMD understands that registered users of the Site and the App are concerned about their personal privacy and that using any website or mobile app creates an inherent risk to one’s privacy. For this reason TempMD is committed to providing you with an experience that respects and protects your personal privacy. In general, we gather information about all of our users on a collective basis. We only use such information anonymously and in the aggregate. This information helps us determine what is most beneficial for our users, and how we can continually create a better overall experience for all users. We may share this information with our partners, but only in the aggregate, so they too may understand how TempMD’s registered account holders use the Site and App. This information allows us to develop new Services to enhance and improve your experience.
The terms and conditions set forth herein (the "Terms") are a legal contract between you and TempMD.com and TempMD, LLC (“TempMD.com and TempMD, LLC are together referred to as “TempMD”). The Terms explain the manner in which you are permitted to use the website located at www.tempmd.com as well as all associated sites linked to www.tempmd.com, its subsidiaries and affiliated companies (collectively, the "Site"), the TempMD mobile application (the "App"), and all software, services, or content associated with the App or Site (collectively, the "Services"). Unless otherwise specified herein, all references to "Site" or "App" include the Services available through the Site and App, and reference to the App also includes any software that TempMD provides to you that allows you to access the App from a mobile device. By using this Site, the App or the Services, you are agreeing to all of these Terms. If you do not agree with any of these Terms, do not access or otherwise use the Site, the App, any of the Services, or any information or materials contained within the App or Site. If you are using the App or Site for your company's use, you represent that you are an authorized representative who has the authority to legally bind your company to these Terms.
The words "you" "your" "user" or "member," whether or not capitalized, as used herein, refer to all individuals and/or entities accessing or using the Site, App or any Services, for any reason.
Registered TempMD account holders may access our Service via our Site and/or the App. The Services available through the App may be different or more limited than those available via the Site.
Registered Account holders must be at least eighteen (18) years old in order to use the App, the Site and the Services. By using the App, the Site or the Services, you represent, acknowledge and agree that you are at least 18 years of age and have the right, authority and capacity to agree to and abide by these Terms. You also represent that you will use the Site, App and Services in a manner consistent with any and all applicable laws and regulations. Notwithstanding the foregoing to the contrary, in all cases, TempMD shall make the final determination which Services will be offered on the Site and the App. TempMD may terminate these Terms and your use of the Site, App and Services without notice if TempMD, in its sole discretion, believes that you are less than18 years old, or have otherwise violated any of the Terms.
The Site and the App are intended to be used solely by: (i) licensed healthcare providers that have registered and created an account on TempMD.com; and (ii) registered TempMD.com clients looking to hire healthcare providers to work for or at said clients’ facilities or in connection with their operations.
Neither TempMD.com nor any data or information contained on the Site or the App is for use by any Locum Tenens or other staffing agencies or their agents or employees.
TempMD.com registered healthcare providers may use the Site or the App to view and apply to posted opportunities for the purpose of scheduling assignments for themselves only. No provider may copy, transmit, sell, transfer or communicate any information or data on the Site or the App to any third party for any purpose whatsoever.
TempMD clients may use the Site or the App for the purpose of identifying providers to work their (client’s) own assignments and not staffing or employment with third parties. Clients shall not contact and arrange assignments with providers identified through the Site or the App except through the Site or the App. No Client shall transmit or convey any information from the Site or the App to any third parties for any reason.
The Site and the App are for use only by registered users who have created and been approved for an account with TempMD.com. All persons using the Site or the App are subject to the Terms even if they are not a registered user. All registered users are also subject to the terms and conditions of all accepted agreements in addition to these Terms.
Any person or party using the Site or the App or any data or information contained on the Site or the App in violation of these Terms shall be liable for damages and TempMD shall be entitled to pursue all rights including filing one or more criminal complaints, if applicable.
TempMD provides content and Services through the Site and App that are the copyrighted and/or trademarked work of TempMD or TempMD’s third-party licensors and suppliers or other users of the Site or App (collectively, the "Materials"). Materials may include logos, graphics, video, images, software and other content. TempMD hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the Site, the App and the Services solely for your personal use. Except for the foregoing license, you have no other rights in the Site, the App, the Services or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site, the App, the Services or the Materials in any manner. If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed materials.
Authorized Users of the Site and the App
TempMD makes the App available so that users may access the Services via a mobile device. To use the App you must have a mobile device that is compatible with the mobile service. TempMD does not warrant that the App will be compatible with your mobile device. TempMD hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the App for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that TempMD may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the App or any copy thereof, and TempMD and its third party licensors or suppliers retain all right, title, and interest in and to the App (and any copy of the App). Standard carrier data charges may apply to your use of the App. Apple users: The following additional terms and conditions apply with respect to any App that TempMD provides to you designed for use on an Apple ios-powered mobile device (an "Ios App"):
- You acknowledge that these terms are between you and TempMD only, and not with Apple, Inc. ("Apple").
- Your use of TempMD’s Ios App must comply with Apple's then-current App Store terms of service.
- TempMD, and not Apple, is solely responsible for our Ios App and the Services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our Ios App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our Ios App.
- You agree that TempMD, and not Apple, is responsible for addressing any claims by you or any third party relating to our Ios App or your possession and/or use of our Ios App, including, but not limited to: (i) product liability claims; (ii) any claim that the Ios App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the Ios App.
- You agree that TempMD, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our Ios App or your possession and use of our Ios App.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third party terms of agreement when using our Ios App (e.g., you must not be in violation of your wireless data service terms of agreement when using the Ios App).
- The parties agree that Apple and Apple's subsidiaries are third party beneficiaries to these terms as they relate to your license of TempMD’s Ios App. Upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the Ios App as a third party beneficiary thereof.
Using the Site, the App and Services.
You may be able to view portions of the Site and App, without registering with TempMD as a registered user. However, in order to access certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site or App, you must register at the Site for an account and receive a password. You can register with TempMD at the Site, or while using our App. Once you have registered, your username and password can be used at the Site or in the App.
Password-Restricted Areas of Site and Use of the Services
If you desire to register for an account with TempMD, you must submit certain information through the account registration page on the Site or App. Once you have submitted your account registration information, TempMD shall have the right to approve or reject the requested registration, in our sole discretion. You are responsible for maintaining the confidentiality of your TempMD password ("Password"), and you are responsible for all activities that occur using your Password. You agree not to share your Password, let others access or use your Password or do anything else that might jeopardize the security of your Password. You agree to notify TempMD if your Password is lost or stolen, if you are aware of any unauthorized use of your Password on the Site or the App, or if you know of any other breach of security in relation to the Site or the App. All the information that your provide when registering for an account and otherwise through the Site or App must be accurate, complete and up to date. You may change, correct or remove certain information from your account by logging into your account at the Site and making the desired changes to your account information.
By registering for an account with TempMD, you become a "member" with access to certain password-restricted areas of the Site or App and certain Services and Materials offered on and through the Site or App. You may cancel your account at any time by emailing firstname.lastname@example.org for assistance.
By using the Site, the App and/or the Services, you consent to receiving electronic communications from TempMD. These electronic communications may include communications from other registered account holders in connection with pursuing or confirming staffing assignments. Communications may come from TempMD about Services and features of the Site and App, and notices about information concerning or related to the Site, the App and/or Services. These electronic communications are part of your relationship with TempMD. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including any requirement that such communications be in writing.
Links to Third Party Sites
Third Party Content
Certain information and other content that are not user content (defined below) may be provided by third party licensors and suppliers to TempMD ("Third Party Content"). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. TempMD disclaims all express, implied and statutory warranties and conditions with regard to Third Party Content, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose and non-infringement.