HourHealth

Terms of Use Agreement

Last Updated: 1/2/2023

 

Welcome to [HourHealth], a site operated by HourHealth Inc. (“HourHealth,” “us,” and “we”). HourHealth provides a platform designed to healthcare professionals (“Clinicians”) available for work opportunities (“Opportunities”) to be connected with health care organizations (“Healthcare Organizations”) interested in engaging Clinicians for Opportunities.  

PLEASE READ THIS TERMS OF USE AGREEMENT (“AGREEMENT”) CAREFULLY.  THIS WEBSITE, MOBILE APP AND ANY OTHER WEBSITES OF HOURHEALTH, ITS AFFILIATES OR AGENTS (COLLECTIVELY, THE “WEBSITE”) AND THE INFORMATION ON IT ARE CONTROLLED BY HOURHEALTH.  THIS AGREEMENT GOVERNS YOUR USE OF THE WEBSITE, INFORMATION AND CONTENT AVAILABLE OR ENABLED VIA THE WEBSITE (THE “SERVICES”). BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, OR ACCESSING OR USING ANY OF THE SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH HOURHEALTH, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE AGREEMENT. THE TERM “YOU” OR “USER” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED FOR THE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in this Agreement or will be presented to you for your acceptance when you sign up to use the supplemental Service.  If the Agreement is inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.  All Supplemental Terms are hereby incorporated into this Agreement by reference. This Agreement and any applicable Supplemental Terms are referred to herein as the “Terms.”

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY HOURHEALTH IN ITS SOLE DISCRETION AT ANY TIME.  When changes are made, HourHealth will make a new copy of the Agreement available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website.  We will also update the “Last Updated” date at the top of the Agreement. If we make material changes to the Agreement, we may (and, where required by law, will) also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail if you have an Account (as defined in Section 2.1) or another manner through the Services (which may include posting an announcement on our Website). HourHealth may require you to provide consent to the updated Agreement in a specified manner before further use of the Website and/ or the Services is permitted.  If you do not agree to any change(s) after receiving a notice of such change(s), you agree to stop using the Website and the Services.  Otherwise, your continued use of the Website or Services constitutes your acceptance of such change(s).  PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

    1. Use of the Services.  The Website, the Services, and the information and content available on the Website and the Services (as these terms are defined herein) (collectively, the “HourHealth Properties”) are protected by copyright laws throughout the world.  Subject to the Terms, HourHealth grants you a limited license to use the HourHealth Properties solely for your personal or internal business purposes. Unless otherwise specified by HourHealth in a separate license, your right to use any HourHealth Properties is subject to the Terms.
      1. Updates.  HourHealth may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services (“Updates”). These Updates may be automatically installed without providing any additional notice or receiving any additional consent. Under this Agreement, you consent to these automatic updates. If you do not wish to use such Updates, your sole remedy is to terminate your Account. If you do not terminate your Account, you will receive Updates automatically. Your continued use of the HourHealth Properties is your agreement to this Agreement with respect to the HourHealth Properties. 
      2. Certain Restrictions.  The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit any HourHealth Properties or any portion of HourHealth Properties, including the Website;  (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other HourHealth Properties (including images, text, page layout or form) of HourHealth; (c) you shall not use any metatags or other “hidden text” using HourHealth’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of HourHealth Properties; (e) you shall not use any manual or automated software, devices or other processes (including, but not limited to, spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you will not access any HourHealth Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of any HourHealth Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in HourHealth Properties. Any future release, update or other addition to HourHealth Properties shall be subject to the Terms.  HourHealth, its suppliers and service providers reserve all rights not granted in the Terms.  Any unauthorized use of HourHealth Properties terminates the licenses granted by HourHealth pursuant to the Terms.
      3. Third-Party Materials.  As a part of HourHealth Properties, you may have access to materials that are hosted by another party.  You agree that it is impossible for HourHealth to monitor such materials and that you access these materials at your own risk.
  • Registration
      1. Registering Your Account.  In order to access certain features of HourHealth Properties, including to submit Opportunities or apply for Opportunities, you must become a Registered User.  For purposes of the Terms, a “Registered User” is a user who has registered an account through the Website or Services (“Account”). 
      2. Registration Data.  In registering an Account through the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  You represent that you are (i) at least eighteen (18) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using HourHealth Properties under the laws of the United States, your place of residence or any other applicable jurisdiction.  You are responsible for all activities that occur under your Account.   You agree to monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of HourHealth Properties by minors.  You may not share your Account or password with anyone, and you agree to (i) notify HourHealth immediately of any unauthorized use of your password or any other breach of security; and (ii) exit from your Account at the end of each session.  If you provide any information that is untrue, inaccurate, not current or incomplete, or HourHealth has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HourHealth has the right to suspend or terminate your Account and refuse any and all current or future use of HourHealth Properties (or any portion thereof).  You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.  You agree that you shall not have more than one Account at any given time.  HourHealth reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.  You agree not to create an Account or use HourHealth Properties if you have been previously removed by HourHealth, or if you have been previously banned from any of HourHealth Properties. 
      3. Necessary Equipment and Software.  You must provide all equipment and software necessary to connect to HourHealth Properties.  You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing HourHealth Properties.
    2. Responsibility for Content
      1. Types of Content.  You acknowledge that all data, text, software, sounds, photographs, graphics, videos, messages, tags and/or other materials (collectively, “Content”), including HourHealth Properties, is the sole responsibility of the party from whom such Content originated.  This means that you, and not HourHealth, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through HourHealth Properties or data collected by or related to the Services and your use thereof (collectively, “Your Content”), and that you and other Users of HourHealth Properties, and not HourHealth, are similarly responsible for all Content they Make Available through HourHealth Properties (“User Content”). The use of Your Content by HourHealth will be subject to the terms of our Privacy Policy attached below.
      2. No Obligation to Pre-Screen Content.  Except as set forth in Section 4.1, you acknowledge that HourHealth has no obligation to pre-screen Content (including, but not limited to, User Content and Clinician Information (as defined below)), although HourHealth reserves the right in its sole discretion to pre-screen, refuse or remove any Content.  By entering into the Terms, you hereby provide your irrevocable consent to such monitoring.  You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications.  In the event that HourHealth pre-screens, refuses or removes any Content, you acknowledge that HourHealth will do so for HourHealth’ benefit, not yours.  Without limiting the foregoing, HourHealth shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.
  • Clinician Placement
      1. Description of Service for Healthcare Organizations. 
        1. Registration. To be introduced to Clinicians through the Services, Healthcare Organization must be: (i) a Registered User; and (ii) a party to a valid written job request or post open shifts in real time on our app. When registering, HourHealth may ask the Health Care Organization for additional information related to but not limited to your Healthcare Organization and the types of Clinicians you are looking to hire, including but not limited to your name, address, phone number and credit cards and payment term (“Healthcare Organization Content”). HourHealth will review the Healthcare Organization Content during the registration process and any other information that is publicly available. HourHealth reserve the right, in its sole discretion, to accept or reject Healthcare Organization’s registration to use the Services. For purposes of the Terms, an “Order” means a written order form or other similar document evidencing the Services Healthcare Organization has purchased, which is agreed to and signed by HourHealth and Healthcare Organization. Each Order is hereby incorporated into the Terms.
        2. Description of the Services. Once the Healthcare Organization becomes a Registered User, HourHealth will provide Healthcare Organization access to Clinicians through the Services, including: (i) Clinician’s employment and work history, work experience, educational background, licensure information and skill set (“Clinician Information”), and (ii) rates associated with the engagement of such Clinician (the “Engagement Fee”). Facilities will also be able to post available job openings as they become available. Prior to HourHealth posting an available Clinician through the Services, HourHealth shall: (A) confirm the Clinician’s identity, (B) verify Clinician’s employment history; (c) verify education and training, including any applicable licensure information in compliance with each state regulations and as applicable to each facility (the “HourHealth Obligations”). EXCEPT FOR THE HOURHEALTH OBLIGATIONS, THE HEALTHCARE ORGANIZATION UNDERSTANDS THAT HOURHEALTH DOES NOT INQUIRE INTO THE BACKGROUNDS OF CLINICIANS OR ATTEMPT TO VERIFY THE STATEMENTS OR INFORMATION OF THE CLINICIANS (ALTHOUGH IT RESERVES THE RIGHT TO CONDUCT ANY BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS). HEALTHCARE ORGANIZATION AGREES TO (1) CONDUCT ANY BACKGROUND CHECKS, REFERENCE CHECKS, OR OTHER DUE DILIGENCE THAT HEALTHCARE ORGANIZATION MAY REQUIRE OUTSIDE OF THE HOURHEALTH OBLIGATIONS BEFORE ENGAGING A CLINICIAN, AND (2) COMPLY WITH ALL LAWS AND REGULATIONS RELATING TO THE ENGAGEMENT OF ANY CLINICIAN. 
        3. Fees. In addition to the Healthcare Organization paying any Engagement Fees, HourHealth charges Healthcare Organizations a fee for the services of connecting the Clinician and the Healthcare Organization, as set forth in the Order Form (“Service Fee,” and together with the Engagement Fee, the “HourHealth Fees”).  All HourHealth Fees are due within thirty (30) days from receipt of invoice.  HourHealth shall compensate Clinician for the services provide to the Healthcare Organization in accordance with its internal policies and procedures. All HourHealth Fees are non-refundable, whether or not the Clinician engagements were satisfactorily completed. It is the responsibility of the healthcare organizations to notify HourHealth within 24 hours of shift completion for any unsatisfactory engagement. 
      2. Failure to Pay. If Healthcare Organization fails to pay amounts due under these Terms, whether by cancelling Healthcare Organization’s credit card, initiating an improper chargeback or any other means, Healthcare Organization’s Account will be suspended, no additional payments will be processed, and any work-in-progress will be stopped. Without limiting other available remedies, Healthcare Organization must reimburse HourHealth for amounts due upon demand, plus any applicable processing fees, charges or penalties, plus interest at the lesser of one and one-half percent (1.5%) per month or the maximum allowed by law, plus attorneys’ fees and other costs of collection as allowed by law. In its discretion, HourHealth may setoff amounts due against other amounts received from or held for Healthcare Organization, make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
        1. Disintermediation. Healthcare Organization agrees to make all payments to Clinician through HourHealth for any work performed by Clinician for a period of three (3) years from the later of: (i) the effective date of the Order Form or (ii) the date that Clinician ceases performing services for Healthcare Organization.  Healthcare Organization will notify HourHealth immediately if Clinician improperly contacts Healthcare Organization or suggests making or receiving payments outside of HourHealth. 
        2. Employment. Healthcare Organizations may convert a Clinician referred by or found via HourHealth or it’s partners to a full-time employee at no cost to the organizations.
  • Confidential Information.  You agree to keep all information gained from using the Website or Services confidential. You agree that (a) you will use any Content or Clinician Information submitted by in accordance with applicable privacy and data protection laws; (b) you will not disclose the names or identities of any Clinicians to any third parties; and (3) you will take appropriate physical, technical and administrative measures to protect Content obtained through use of the Website or Services from loss, misuse, unauthorized access, disclosure, alteration or destruction. 
  • Ownership
      1. HourHealth Properties.  Except with respect to Your Content and User Content, you agree that HourHealth and its suppliers own all rights, title and interest in and to all HourHealth Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or any other HourHealth Properties.
      2. Trademarks. “HourHealth” and other related graphics, logos, service marks and trade names used on or in connection with HourHealth Properties or in connection with the Services are the trademarks of HourHealth and may not be used without permission. Other trademarks, service marks and trade names that may appear on or in HourHealth Properties are the property of their respective owners.
      3. Other Content.  Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in HourHealth Properties.  
      4. Your Content.  HourHealth does not claim ownership of Your Content.  You grant HourHealth a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part),  for the purposes of: (a) operating, improving and providing the Services; and (b) compiling statistical and other information related to the performance, operation, and use of the Service. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of HourHealth Properties.  You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.  You agree that you, not HourHealth, are responsible for all of Your Content that you Make Available on or in HourHealth Properties.
      5. Account. Notwithstanding anything contained herein to the contrary, you acknowledge and agree that you will have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of HourHealth. 
      6. Feedback.  You agree that submission of any ideas, suggestions, documents, and/or proposals to HourHealth through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that HourHealth has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.  You represent and warrant that you have all rights necessary to submit the Feedback.  You hereby grant to HourHealth a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of HourHealth Properties.
    2. User Conduct
      1. General.  In connection with your use of HourHealth Properties, you shall not:
        1. Use our Services if you temporarily or indefinitely suspended from using our Website or Services;
        2. Make Available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities; 
        3. Post or transmit any Opportunity or posting that does not comply with applicable law, including, but not limited to, United States federal, state and local laws relating to equal employment opportunity and employment eligibility verification;
        4. Impersonate any person or entity, including, but not limited to, HourHealth personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
        5. Make Available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
        6. Make Available any Content that infringes or otherwise violates the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
        7. Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
        8. Stalk or otherwise harass any other user of our HourHealth Properties; or
        9. Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
      2. Investigations.  HourHealth may, but is not obligated to, monitor or review HourHealth Properties and Content at any time.  Without limiting the foregoing, HourHealth shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law.  Although HourHealth does not generally monitor user activity occurring in connection with HourHealth Properties or Content, if HourHealth becomes aware of any possible violations by you of any provision of the Terms, HourHealth reserves the right to investigate such violations, and HourHealth may, at its sole discretion, immediately terminate your license to use HourHealth Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
  • Indemnification.  You agree to indemnify and hold HourHealth, its successors, assigns, parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “HourHealth Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of the Services or any other HourHealth Properties; (c) your violation of the Terms (including, without limitation, your submission of false or misleading information through the Services); (d) your violation of any rights of another party, including any Users; (e) your interactions with other Users; and (f) your violation of any applicable laws, rules or regulations. HourHealth reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with HourHealth in asserting any available defenses.  This provision does not require you to indemnify any of the HourHealth Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to HourHealth Properties.
  • Disclaimer of Warranties and Conditions
      1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF HOURHEALTH PROPERTIES IS AT YOUR SOLE RISK, AND HOURHEALTH PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  EXCEPT AS SET FORTH HEREIN, HOURHEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES.
        1. HOURHEALTH MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) HOURHEALTH PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF HOURHEALTH PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF HOURHEALTH PROPERTIES WILL BE ACCURATE OR RELIABLE.
        2. ANY CONTENT ACCESSED THROUGH HOURHEALTH PROPERTIES, IS AT YOUR OWN RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
      2. No Liability for Conduct of Third Parties.  YOU ACKNOWLEDGE AND AGREE THAT HOURHEALTH PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD HOURHEALTH LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF ECONOMIC DAMAGES FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. HOURHEALTH MAKES NO WARRANTY THAT THE SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.  
  • No Liability for Conduct of Other Users.  YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF HOURHEALTH PROPERTIES. YOU UNDERSTAND THAT HOURHEALTH DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF HOURHEALTH PROPERTIES. 
  • Limitation of Liability
      1. Disclaimer of Certain Damages.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL HOURHEALTH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR FOR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT HOURHEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. 
      2. Cap on Liability.  UNDER NO CIRCUMSTANCES WILL HOURHEALTH BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT PAID TO HOURHEALTH BY YOU DURING THE TWELVE (12)-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF HOURHEALTH FOR (A) DEATH OR PERSONAL INJURY CAUSED BY HOURHEALTH’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY HOURHEALTH’S FRAUD OR FRAUDULENT MISREPRESENTATION.
      3. User Content.  EXCEPT FOR HOURHEALTH’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN ITS PRIVACY POLICY, HOURHEALTH ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
      4. Basis of the Bargain.  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HOURHEALTH AND YOU. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT ALLOWED BY LAW. 
  • Termination.  
  • Termination of Services.  This Agreement will remain in full force and effect until your Account is terminated as provided herein. You may delete your Account at any time, for any reason by emailing [insert email]. HourHealth may terminate your Account if (a) you are in breach of the Agreement; or (b) if HourHealth decides in its sole discretion to stop providing the applicable Services. You understand that any termination of this Agreement and your Account may involve deletion of your Account information from our live databases and all the information stored for such Account. HourHealth will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.
      1. Effect of Termination.  Termination of any Service includes removal of access to such Service and barring of further use of the Service; provided, that any such termination for convenience will not affect the validity of any of Healthcare Organization’s engagement of Clinicians prior to termination and these terms will continue to apply with respect to such engagements.  Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability. 
    2. International Users.  HourHealth Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country.  These references do not imply that HourHealth intends to announce such Services or Content in your country.  HourHealth Properties are controlled and offered by HourHealth from its facilities in the United States of America. HourHealth makes no representations that HourHealth Properties are appropriate or available for use in other locations.  Those who access or use HourHealth Properties from other countries do so at their own volition and are responsible for compliance with local law. HourHealth reserves the right to limit the availability of the Website and/or Services to any person, geographic area, or jurisdiction it so desires at any time and in our sole discretion.
  • General Provisions.
      1. Electronic Communications.  The communications between you and HourHealth use electronic means, whether you visit HourHealth Properties or send HourHealth e-mails, or whether HourHealth posts notices on HourHealth Properties or communicates with you via e-mail.  For contractual purposes, you (1) consent to receive communications from HourHealth in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that HourHealth provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.
      2. Assignment.  The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without HourHealth’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
      3. Force Majeure.  HourHealth shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
      4. Questions, Complaints, Claims.  If you have any questions, complaints or claims with respect to HourHealth Properties, please contact us at: info@hourhealth.com.  We will do our best to address your concerns.  If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
  • Exclusive Venue.  You and HourHealth agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Delaware
      1. Governing Law.  THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT. 
      2. Notice.  Where HourHealth requires that you provide an e-mail address, you are responsible for providing HourHealth with your most current e-mail address.  In the event that the last e-mail address you provided to HourHealth is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, HourHealth’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.  You may give notice to HourHealth at the following address: info@hourhealth.com  Such notice shall be deemed given when received by HourHealth by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
      3. Waiver.  Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
      4. Severability.  If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
      5. Consumer Complaints.  In accordance with Delaware Fraud & protection Division, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 820 N. French Street, 5th Floor, Wilmington, DE 19801, or by telephone at (800) 220-5424 or consumer.protection@delaware.com.
  • Entire Agreement.  The Terms, including all Orders, are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. It is expressly agreed that the Terms shall supersede the terms in any Healthcare Organization purchase order, and the terms included in any such Healthcare Organization purchase order or other Healthcare Organization policy shall not (a) apply to the Services ordered, and (b) in any way modify, revise, supplement, or otherwise affect the terms and conditions in the Terms.