These Terms and Conditions of Use (“Agreement”) is a legal agreement between you and Hayes Locums, LLC (“Website Owner”), the owner and developer of its online LOCUMSCOPE™ client portal (described at https://www.hayeslocums.com/medical-facilities/locum-scope-lp/, the “LocumScope Platform”). By registering for any service provided on the LocumScope Platform, you become a client (“Client”) and you agree to be bound by all of the terms (“Terms”) set forth in this Agreement as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY SERVICE OF HAYES LOCUMS, LLC OR ITS LOCUMSCOPE PLATFORM. The Terms are subject to change at any time, effective upon notice to you.
By clicking the “I agree” button related to Website Owner’s terms and conditions, you agree that you have read, understand, and agree to be bound by the terms. The most current version of the terms, which supersedes all previous versions, can be reviewed at www.hayeslocums.com/legal/locumscope-terms-of-use. Website Owner reserves the right, with or without notice, to make changes to the terms of the LocumScope platform at its sole discretion. Your continued use of any part of this website or any service constitutes your acceptance of such changes to this Agreement. You should review this Agreement periodically to determine if any changes have been made.
All of the terms in this Agreement are fully binding on you, including the following:
Client agrees that Website Owner, its subsidiaries, affiliates, licensors, licensees, service providers, employees, agents, officers, and directors will not be liable under this Agreement for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if Website Owner has been advised of the possibility of such damages, such damages were reasonably foreseeable, or Website Owner was grossly negligent. In no event will the collective liability of Website Owner and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, regardless of the form of action (whether in contract, tort, or otherwise), exceed the fees paid by client to Website Owner for the applicable service out of which such liability arose. In jurisdictions that do not permit the exclusion or limitation of liability for consequential or incidental damages, liability will be limited to the greatest extent permitted by law.
Client agrees to indemnify and hold Website Owner, its subsidiaries, affiliates, licensors, service providers, employees, agents, officers, directors, and contractors (“indemnified parties”) harmless from any breach of the terms of this Agreement by client. Client agrees that the indemnified parties will have no liability in connection with any such breach or unauthorized use of the LocumScope platform or any information obtained from or through the LocumScope platform, and agrees to indemnify all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the indemnified parties. Client will also indemnify and hold the indemnified parties harmless from and against any claims brought by third parties arising out of client’s use of the LocumScope platform and any information accessed from the LocumScope platform.
You understand and agree that you are solely responsible for your actions and decisions to meet other people you meet online by virtue of the services provided on the LocumScope platform. You understand that the LocumScope platform and Website Owner do not perform psychological testing or background checks on individuals who may use the LocumScope platform. You understand and agree that you must take all reasonable precautions before meeting others through the LocumScope platform, which includes, but is not limited to: exchanging email first before giving out any personal information and meeting in a public place.
Opinions, advice, statements, or other comments should not necessarily be relied upon and are not to be construed as professional advice from the LocumScope platform or Website Owner. Website Owner and the LocumScope platform do not guarantee the accuracy or completeness of any of the information provided and are not responsible for any loss resulting from your reliance on such information.
It is possible that by using your email address, other people may, through means outside the control of the LocumScope platform, have access to personal information about you. Website Owner, its employees, agents, affiliates, licensees, and web hosting services are not responsible for these transmissions or the release of such information by others.
Website Owner and the LocumScope platform reserve the right, but are not obligated, to monitor materials posted in any public area and may remove information deemed offensive by staff. You remain solely responsible for your use of information on the site. You are responsible for all activities under your account (including username, password, or federated identity). If you become aware of unauthorized use of your password or account, or any other breach of security, contact Website Owner or the LocumScope platform administrator immediately. It is your responsibility to maintain password confidentiality. Website Owner is not liable for loss or damage arising from failure to comply with this Agreement.
All personal information provided to the LocumScope platform or Website Owner will be kept confidential, except: (1) you choose to post personal information publicly; (2) you send a message to another client, disclosing your email address; or (3) you harass another person via any service on the LocumScope platform, in which case confidentiality is void.
Passwords (including generated credentials, keys, or certificates) are for individual client use only. You are responsible for the security of your passwords. The LocumScope platform may require periodic password changes. You are prohibited from using any services or facilities to compromise security or tamper with systems, resources, or accounts. The use or distribution of tools designed for compromising security is prohibited. Website Owner may release your account details to assist system administrators and authorities in resolving security incidents. Website Owner may investigate suspected violations and cooperate fully with law enforcement or court orders requesting identity disclosure related to potential violations.
You agree to hold all data in the LocumScope platform in strict confidence and agree not to disclose, copy, duplicate, exfiltrate, transfer, remove, or use such data for any purpose other than that contemplated between you and Website Owner, without express prior written consent.
You acknowledge that the LocumScope platform and any software or programs used with its services contain proprietary and confidential information owned by Website Owner and protected by applicable intellectual property and other laws. No rights or title to such information or software are provided, transferred, or assigned to you. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on any LocumScope platform services or software, in whole or in part. Trademarks, service marks, logos, and copyrighted works appearing on the LocumScope platform are the property of Website Owner. No rights in such materials are transferred or assigned to you.
The use of the LocumScope platform and any service it provides is at your sole risk. All services are provided on an “as is” and “as available” basis. Website Owner disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Website Owner does not warrant that: (1) the services will meet your requirements; (2) the services will be uninterrupted, timely, secure, or error-free; (3) results will be accurate or reliable; (4) service quality will meet your expectations; or (5) errors in software will be corrected.
This Agreement and any dispute arising from it are governed by Florida law, without regard to conflict-of-law provisions. Any lawsuit must be brought exclusively in the United States District Court for the Southern District of Florida, and you consent to that jurisdiction. Client agrees to waive any right to trial by jury to the extent permitted by law. Any claim or cause of action arising out of or related to use of the LocumScope platform or this Agreement must be filed within one year or be forever barred.
If any part of this Agreement is unlawful, void, or unenforceable, that part will be severable and will not affect the remaining provisions. The invalid provision will be modified to (i) render it valid and enforceable and (ii) reflect the original intent as fully as possible.
You must be at least 18 years of age to register, access, or use any service provided by the LocumScope platform. If you are under 18, do not use this website. You certify that you are at least 18 years old and that all information provided in registration materials will be truthful. You understand that basic identifying information may be published on the LocumScope platform along with your user ID. Your name, address, and email address are confidential except where otherwise provided.
This Agreement constitutes the entire agreement among the parties regarding the LocumScope platform and its services and supersedes all prior or contemporaneous communications, whether electronic, oral, or written. You may also be subject to additional terms, posted policies, guidelines, or rules that apply to specific platform services. Website Owner may revise these terms at any time, effective upon posting. Continued use of the LocumScope platform signifies acceptance of any amendments.
Failure by the LocumScope platform or Website Owner to enforce any provision does not operate as a waiver. Any waiver must be in writing and signed by an authorized representative. For questions, contact [email protected].