These Terms of Service (“Terms”) govern your use of our website (www.engagertc.com)and related products and services, including any content or information provided as part of the Site or such related products, services or websites (collectively with the Site, the “Services”), which are owned or operated by Engage Holdings Tech, Inc. (“Engage Holdings”, “we”, “our” or “us”).
These Terms may apply to the individual healthcare providers offering their services, to the healthcare facilities manager using the Service or to the business or other legal entity user they represent, or all of these entities. If you are using the Site or Services on behalf of a company or other legal entity, you hereby represent and warrant that you have the authority to enter into these Terms on behalf of such entity. By accessing, registering for or using the Services, you: (1) acknowledge that you have read and understand these Terms; (2) agree to be bound by them in their entirety, and (3) are entering into a legally binding agreement with us. As used in these Terms and unless separately identified as applicable to either an individual or entity, “you” and “your” refer to both you individually and the entity on behalf of which you are entering into these Terms.
1. Overview of Services; Disclaimer
1.1. Overview of Services. Engage Holdings provides an online booking platform that permits hospitals, health systems, outpatient clinics, or their facility managers on their behalf (collectively, “Healthcare Facilities”) to hire and schedule for nurses, registered nurses, advanced practice registered nurses (collectively “Healthcare Providers”) that allows Healthcare Facilities to meet their healthcare provider needs. Engage Holdings allows Healthcare Providers to sign up with the platform where Healthcare Providers can be placed and scheduled to work with a Healthcare Facility.
1.2. Healthcare Provider Registration. If you are a Healthcare Provider, then this section applies to you and you will be required to undergo Engage Holdings’s credentialing process in order to be placed with a Healthcare Facility. You will be required to provide certain information such as your name, address, date of birth, work history, educational history, Social Security Numbers, ID and password for account registration and financial information for payment processing, and other information that will allow us to identify you (“Healthcare Provider Credentialing Information”). You must agree to a background check and drug screen in order to be placed with a Healthcare Facility. Use of the Services is granted subject to our ability to verify your identity and completion of background check and drug screening. If you do not provide accurate and complete information during the credentialing process, we have the right to prohibit you from using the Service or decline to process the request, in addition to any other rights. If you believe that your Healthcare Provider Credentialing Information or a device that you use to access the Services has been lost or stolen, that someone is using your account without your permission, you must notify us immediately at info@Engage Holdings.com.
1.3. Healthcare Facility Registration. If you are a Healthcare Facility, then this section applies to you and you will be required to provide certain information to register for an account with Engage Holdings. This information may include an ID and password, name, address, date of birth, Social Security Numbers, financial information for payment processing, and other information that will allow us to identify you (“Healthcare Facility Registration Information”). Use of the Services is granted subject to our ability to verify your identity.
1.4. Booking Process. Healthcare Facilities will have access to review Healthcare Provider Credentialing Information. Healthcare Facility may initiate a booking request for a Healthcare Provider. Healthcare Providers agree to receive notifications via the Services when a booking request has been made for the Healthcare Provider provided such notifications may be adjusted in the Services. If a booking request is accepted, Healthcare Provider understands it will not be able to cancel the booking request. Healthcare Facilities will be able to cancel booking requests. Use of the Services does not guarantee that any booking requests will be sent, accepted or fulfilled.
1.5. Disclaimer. We reserve complete and sole discretion with respect to the operation of the Services. We reserve the right to change terms and warranties without notice. We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of the Services at any time.
2. Your Eligibility; Your Responsibility
To be eligible to use the Services, you represent and warrant that you: (i) are at least 18 years of age, or otherwise over the age of majority in the jurisdiction in which you reside; (ii) are not currently restricted from the Services and are not otherwise prohibited from having an account related thereto; (iii) will only maintain one account at any given time; (iv) will only provide accurate information to Engage Holdings; (v) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party; and (vi) will not violate any rights of Engage Holdings or a third party.
You assume all responsibility for your use of, and access to, the Services. Accounts are for a single user, company or other legal entity, as applicable. Any multiple-party use, other than individual use on behalf of a company or other legal entity, is prohibited. For example, sharing a login between non-entity individual users is prohibited.
3. Personal Information; Your Content; Your Account
3.1. Accuracy. By registering for our Services, you represent and warrant that all information you submit to us is true, accurate, current and complete and that you will promptly notify us in writing if your information changes. It is your responsibility to keep your account and profile information accurate and updated. We are not responsible for any disputes or claims related to any inaccurate, incomplete, or untimely information provided by you to us.
3.3. Your Account. The account you create and any related profile is owned by us. With regard to your account, you agree to: (i) keep your password secure and confidential; (ii) not permit others to use your account; (iii) not use the accounts of others; (iv) not transfer your account to another party; and (v) notify us of any actual or suspected unauthorized use of your account. You are responsible for any activity occurring under your account.
3.4. Feedback. You may from time to time identify problems, solutions to identified problems, provide suggestions, comments or other feedback related to our Services or otherwise relating to Engage Holdings (“Feedback”) to Engage Holdings. You acknowledge and agree that all Feedback is and shall be given entirely voluntarily and Engage Holdings shall be free to use or disclose such Feedback for any purpose. You further acknowledge and agree that your Feedback does not contain confidential or proprietary information and you are not entitled to any compensation or reimbursement of any kind from Engage Holdings under any circumstances relating to such Feedback.
4. Personal Use; Limited License; Ownership
Subject to the terms and conditions herein, Engage Holdings grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license and right to access the Services through a generally available mobile device, web browser or Engage Holdings authorized Site to view content and information and otherwise use the Services to the extent intended and permitted by the functionality thereof. This license is personal to you, and you may not resell our Services, permit other users access to our Services through your account, or use the Services to host content for others. You may not copy or download any content from the Services except with the prior written approval of Engage Holdings. You acknowledge that, except as otherwise expressly provided, these Terms are solely between you and Engage Holdings.
Furthermore, without the prior written approval of Engage Holdings, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of the Services. Any commercial use not expressly authorized is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Services. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the Services you are using. The Services provided by Engage Holdings are licensed, not sold. The Services, and all copies of the Services, are owned by Engage Holdings or its third-party licensors and are protected by various intellectual property laws, including, without limitation, copyright and trade secret laws. Engage Holdings reserves all rights not expressly granted to you herein. You agree that you have no right to any Engage Holdings trademark or service mark and may not use any such mark in any way unless expressly authorized by Engage Holdings.
Making unauthorized copies or distribution of Site content or otherwise violating these Terms may result in the termination of your Engage Holdings account, prohibition on use of the Services, and further legal action. Engage Holdings reserves the right to limit your use of or access to the Services, in its sole discretion in order to maintain the performance and availability of the Services and to enforce these Terms of Service.
Engage Holdings is not liable for the loss, corruption, alteration or removal of any content transmitted using our Services. By using our Services, you expressly waive the right to seek damages and agree to hold Engage Holdings harmless for any such loss, alteration, corruption or removal. You acknowledge and agree that you are solely responsible for retaining all records and reconciling all transaction information relating to your use of the Services.
5. Acceptable Use Policy
You agree to comply with all applicable laws and regulations in connection with your use of the Services. You may not use our Services to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:
· Using the Services while operating a motor vehicle;
· The transmission or posting of chain letters or pyramid schemes, or other acts that involve deceptive online marketing practices or fraud;
· Acts that may materially and adversely affect the quality of another users’ experience;
· Actual or attempted unauthorized use or sabotage of any computers, machines or networks;
· Introducing malicious programs into Engage Holdings’s Services, network or servers (e.g. viruses, worms, Trojan horses, etc.);
· Engaging in any monitoring or interception of data not intended for you without authorization;
· Attempting to circumvent authentication or security of any host, network, or account without authorization;
· Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
· Adapt, modify or create derivative works based on the Services, technology underlying the Services, or other users’ content, in whole or part;
· Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on the Services (excluding content posted by you) except as permitted in these Terms, or as expressly authorized by Engage Holdings in writing;
· Using any method, software or program designed to collect identity information, authentication credentials, or other information;
· Transmitting or receiving, uploading, using or reusing material that is abusive, indecent, defamatory, harassing, obscene or menacing, or a breach of confidence, privacy or similar third party rights;
· Transmitting or receiving, uploading, using or reusing material that violates any intellectual property rights of a third party, including, without limitation, patents, trademarks, trade secrets or copyrights;
· Transmitting, receiving, uploading, using or reusing material that you do not have a right to transmit 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 nondisclosure agreements);
· Falsifying user identification information;
· Using the Services for anything other than lawful purposes including, but not limited to, intentionally or unintentionally violating any applicable local, state, national or international law; or
· Impersonating any person or entity, including, but not limited to, a Engage Holdings representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
Engage Holdings enforces a zero-tolerance SPAM policy regarding information transmitted through our network. Engage Holdings may determine in its sole discretion whether any transmissions are considered SPAM. SPAM includes, but is not limited to, the following:
· Bulk unsolicited e-mail, promotional material, or other forms of solicitation sent via the Services, or e-mail that advertises any IP address belonging to Engage Holdings or any URL (domain) that is hosted by Engage Holdings.
· The use of web pages set up on ISPs that allow SPAM-ing that directly or indirectly reference customers to domains or IP addresses hosted by Engage Holdings.
· Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
You agree not to use the Services for the purpose of recruiting for another website or service that offers competing functionality to the Services.
6. Copyright Protected Materials
Engage Holdings respects the intellectual property rights of others and expects that you do the same. It is our policy to terminate, in appropriate circumstances, the accounts of subscribers who infringe the copyrights of others. You may not upload, download, post, publish, transmit, reproduce, or distribute in any way, files, material, information, software or other material obtained through the Services that is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or other right holder. Engage Holdings has the right, but not the obligation, to remove from the Services any files, material, information, software or other material Engage Holdings believes is or may be, in its sole discretion, infringing or otherwise in violation of the rights of others.
If you believe in good faith that your copyright has been infringed, please provide a written communication regarding such belief to: info@Engage Holdings.com
7. Right to Restrict or Terminate Access
Engage Holdings may deny or restrict your access to all or part of the Services without notice in its reasonable discretion if it deems that you have engaged in any conduct or activities that Engage Holdings in its reasonable discretion believes violates the letter or spirit of any of these Terms. If Engage Holdings denies or restricts your access to the Services because of such a violation, you shall have no right to obtain any refund or credit for the subscriptions fees you have paid.
In the event that these Terms or the Services are terminated for any reason or no reason, you acknowledge and agree that you will continue to be bound by these Terms. Following termination, you shall immediately cease use of the Services and any license granted to you under any agreement related to your use of the Services shall immediately terminate. Upon termination, Engage Holdings reserves the right to delete all of your content, data, and other information stored on Engage Holdings’s servers. Engage Holdings will not be liable to you or any third party as a result of the termination of these Terms or the Services or for any actions taken by Engage Holdings pursuant to these Terms as a result of such termination. Without limiting the generality of the foregoing, Engage Holdings will not be liable to you or any third party for damages, compensation, or reimbursement relating to your use of the Services, or the termination thereof.
You may terminate these Terms by terminating your use of the Services and any related account. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Services. Termination of these Terms or the Services does not relieve you from your obligation to pay Engage Holdings any amounts owed to Engage Holdings.
Access to our Services and to certain online transactions may involve the use of identification numbers, passwords, payment accounts or other individualized nonpublic information (“Private Documentation”). You acknowledge and agree that you are solely responsible for protecting your Private Documentation and other personal information and for the consequences of not protecting such information and data. You shall use your best efforts to prevent unauthorized use of our Services, your account, or of any Private Documentation, and shall promptly report to Engage Holdings any suspected unauthorized use or other breach of security. You shall be responsible for any unauthorized use of your account or privacy Documentation until we receive written notice of a breach of security and a request to block further access for such information. Engage Holdings shall not be liable for any unauthorized use of payment accounts.
Actual service coverage, speeds, locations and quality may vary. Engage Holdings will attempt to provide the Services at all times, except for limited periods for maintenance and repair. However, the Services may be subject to unavailability for a variety of factors beyond our control including emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Services or communications services or networks. We may impose usage or Services limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users or the Services. The accuracy and timeliness of data received is not guaranteed.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL SITE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. Engage Holdings DOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. Engage Holdings DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, Engage Holdings’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE NOT FAULT TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR USE AS A “CRITICAL CONTROL APPLICATION” IN MEDICAL EMERGENCIES OR HAZARDOUS “LIFE AND DEATH” ENVIRONMENTS REQUIRING MEDICAL EXPERTISE AND/OR FAIL-SAFE PERFORMANCE, SUCH AS DIRECT LIFE SUPPORT MACHINES, ACUTE CARE SETTINGS, OR IN OPERATING ENVIRONMENTS THAT ARE RELATED TO THE DIRECT DELIVERY OF CARE, IN WHICH THE FAILURE OR IMPROPER USE OF THE SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SANGUINA CANNOT BE HELD LIABLE FOR ANY HEALTH CARE OR RELATED DECISIONS MADE BY YOU OR A HEALTH CARE FACILITY OR PROVIDER.
10. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL Engage Holdings, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“Engage Holdings PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER
THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.
A Engage Holdings PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID Engage Holdings FOR YOUR USE OF THE SERVICES IN THE PRIOR THREE (3) MONTHS; AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.
SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, THE Engage Holdings PARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY Engage Holdings TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN SECTIONS 9 AND 10 WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT.
11. Dispute Resolution
Excluding claims for injunctive or other equitable relief, for any claim where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution Engage Holdings mutually agreed upon by the parties. The arbitration shall be conducted by telephone, online or be solely based on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration each party waives any right to a jury trial.
12. Electronic Notices and Disclosures
You acknowledge and agree that Engage Holdings may provide notices and other disclosures to you electronically by posting such notices or other disclosures on Engage Holdings’s website, by texting your phone number or by emailing it to you at any email address provided to Engage Holdings by you. Such notices or other disclosures shall be considered received by you following the posting on the website or twenty-four (24) hours following the email being sent to you, as applicable. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided to you as a paper copy.
13. Changes to the Terms
We may add to, change or remove any part of these Terms, at any time without prior notice to you other than listing of a later effective date than the one set forth at the top of these Terms. Such modification shall be effective immediately upon posting at the Site. As your next visit to the Site or use of the Services may be governed by different Terms, we encourage you to look for a new effective date on these Terms when you visit the Site or use the Services. It is your responsibility to check these Terms periodically for changes. If we make any material changes to these Terms, we will endeavor to provide registered users with additional notice of any changes, such as at your e-mail address of record or when you log-in to your account.
Your use or continued use of the Services following the posting or notice of any changes to these Terms or any other posted policies shall constitute your acceptance of the changed Terms or policies.
14. Third-Party Content and Services
15.1. Linked Third Party Sites. The Services may make available third-party resources such as but not limited to property websites, landing pages, and other third-party sites over which Engage Holdings has no control. Engage Holdings is not responsible for the accuracy, completeness, functionality, usability, availability or merchantability of any content provided by third-party resources. The use of such third-party resources is strictly at Client’s own risk. Engage Holdings is not responsible for the availability of external sites or resources, does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Engage Holdings will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products or other materials available on or through any such site or resource.
15.2 Integrated Third-Party Services. The Services may contain features designed to interoperate with products, applications, or services not provided by Engage Holdings such as Paymint (each, a “Third Party Service”). To use such features, you may need to directly obtain access to such Third-Party Service from its provider, and in some cases may be required to grant Engage Holdings access to your account(s) on such Third-Party Service.
15.3 Permissions; Disclaimer. If Company chooses to use a Third Party Service with the Services, Company grants Engage Holdings permission to allow the Third Party Service and its provider to access any data (including, without limitation, data that may constitute non-public personal information) provided to Engage Holdings in connection with the Services as required for the interoperation of that Third Party Service with the Services. Engage Holdings is not responsible for any disclosure, modification or deletion of such data resulting from access by any Third-Party Service or its provider. Any acquisition by Company of a Third-Party Service, and any exchange of data between Company and any Third Party Service or its provider, is solely between Company and the applicable third-party provider. Engage Holdings does not warrant or support Third Party Service or other third-party products or services, whether or not they are designated by Engage Holdings as operable with the Services or otherwise. Further, Engage Holdings cannot guarantee the continued availability of any Services features that interoperate with Third Party Service, and may cease providing them without entitling Company to any refund, credit, or other compensation, if for example and without limitation, the provider of a Third Party Service ceases to make the Third Party Service available for interoperation with the corresponding Services features in a manner acceptable to Engage Holdings.
15.4 Apple App Store. If you are accessing the Services through an application from the Apple App Store, you and Engage Holdings agree to the following additional terms:
· Engage Holdings and you acknowledge that these Terms are concluded between you and Engage Holdings only, and not with Apple, and Engage Holdings, not Apple, is solely responsible for the Services and the content thereof. Engage Holdings and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof. Engage Holdings and you agree to be bound by the App Store Terms of Service as of the Effective Date (which you acknowledge you have had the opportunity to review), including without limitation the Usage Rules (as defined in the App Store Terms of Service) (capitalized terms below have the definitions given to them in the App Store Terms of Service unless otherwise defined herein).
· You may only access the Services on an iOS product that you own or control and only as permitted by the Usage Rules set forth in the App Store Terms of Service.
· To the extent set forth herein or required by applicable law, Engage Holdings is solely responsible for providing any maintenance and support services with respect to the Services. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
· Engage Holdings, not Apple, is solely responsible for any product warranties set forth in these Terms, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the application to you; provided that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, if any, will be Engage Holdings’ sole responsibility, to the extent not disclaimer herein.
· Engage Holdings and you acknowledge that Engage Holdings, not Apple, is responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
· Apple shall in no way be responsible for any claim (including any related investigation, defense, settlement or discharge thereof) that the Services or your possession and use of the Services infringe any third party’s intellectual property rights.
· If you send SMS messages through Services, you acknowledge that standard text messaging rates or other carrier charges may apply to such use.
· You represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties.
· If you authorize Engage Holdings to access your Address Book on your iOS product, you acknowledge and agree that Engage Holdings may access and use such data to invite share job with your contacts.
The text messages will be coming from a third-party source (Twilio) within our system and the emails will be coming from (PostMark).
Regarding messages you will be receiving and all communication methods via texts/short code:
1. You have the option to receive system notifications over SMS. These notifications include timecard notification as well as shift requests and reminders when applicable from your employer. The number of notifications varies depending on your activity on the platform. Within you profile page, you can enable/disable varies notification levels. You may also opt out of notification in your profile or using the steps below.
2. When you opt-in to the service, we will send you an SMS message to confirm your signup.
3. You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
4. If at any time you forget what keywords are supported, just text “HELP” to the short code. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
5. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***
6. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive daily texts. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to info@Engage Holdings.com.
15.1. Entire Agreement. These Terms, along with any rules, guidelines, or policies published on the Engage Holdings homepage constitute the entire agreement between Engage Holdings and you with respect to your use of our Services. If there is any conflict between the Terms and any other rules or instructions posted on the Services, the Terms shall control. No amendment to these Terms by you by shall be effective unless acknowledged in writing by Engage Holdings. Notwithstanding the foregoing, Engage Holdings reserves the right, in its sole discretion, to modify these Terms or the policies referenced herein at any time as set forth above.
15.2. Governing Law. These Terms shall be governed by, and construed in accordance with, the laws of the state of Georgia, without reference to its choice of law rules. Subject to the arbitration provisions above, exclusive venue for any action arising out of or in connection with this agreement shall be in Atlanta, Georgia. The parties each hereby consent to the jurisdiction and venue in Atlanta, Georgia and waive any objections to such jurisdiction and venue.
15.3. Equitable Relief. Notwithstanding the foregoing, you agree that Engage Holdings shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction. Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect.
15.4. Assignment. You may not assign your rights or obligations under these Terms without the prior written consent of Engage Holdings. Engage Holdings’s failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Services.
15.5. Headings. All headings included in these Terms are included for convenience only, and shall not be considered in interpreting these Terms. These Terms do not limit any rights that Engage Holdings may have pursuant to any intellectual property laws or any other laws.
15.6. Remedies. All rights and remedies available to Engage Holdings, pursuant to this Agreement or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available to Engage Holdings. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, or any other materials issued in connection therewith, or exploitation of the Services or any data or other material used or displayed through the Services. Except as otherwise expressly set forth herein, there shall exist no right of any person, other than you and Engage Holdings, to claim a beneficial interest in these Terms or any rights occurring by virtue of these Terms. No independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship is created by these Terms.