Terms of Service – Avatar Healthcare

Effective Date: June 12, 2023

Please read these Terms of Service (“Terms”) carefully before using the services provided by Avatar Staffing (“Avatar,” “we,” “us,” or “our”). These Terms govern your access to and use of our website, mobile application, and any related services (collectively referred to as the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Services.

1.Eligibility

You must be at least 18 years old to access or use our Services. By accessing or using our Services, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into these Terms.

2. Use of Services

2.1 Registration and Account

In order to access certain features of our Services, you may be required to register and create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to maintain its accuracy. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

2.2 Personal Use and Limited License

You are granted a limited, revocable, and non-transferable license, subject to these terms, to access and use the Services through authorized platforms and devices for personal and intended purposes only. This license is exclusively for your personal use and strictly prohibits any reselling of our Services or providing access to other users through your account. Additionally, you may not utilize the Services to host content on behalf of others. Unless explicitly approved in writing by Avatar, you may not copy or download any content from the Services. These terms apply solely between you and Avatar, and all rights not expressly granted herein are reserved.

You are prohibited from distributing, publicly performing or displaying, leasing, selling, transmitting, transferring, publishing, editing, copying, creating derivative works from, renting, sublicensing, decompiling, disassembling, reverse engineering, or making unauthorized use of the Services without our prior approval. Commercial use, unless expressly authorized, is strictly prohibited. Furthermore, you agree not to remove, obscure, or alter any copyright, patent, trademark, or proprietary rights notices attached to the Services.

Please note that your rights are contingent upon your compliance with these terms and any additional agreements associated with the Services. Avatar retains ownership of the Services and all copies thereof, protected by intellectual property laws, including copyright and trade secret laws. Unauthorized use or distribution of the Services may result in the termination of your account and further legal action. Avatar reserves all rights not expressly granted herein, including ownership of its trademarks and service marks, which you may not use without explicit authorization.

Avatar is not liable for any loss, corruption, alteration, or removal of content transmitted using our Services. By using the Services, you waive the right to seek damages and agree to hold Avatar harmless in relation to any such incidents. You are solely responsible for retaining records and reconciling transaction information pertaining to your use of the Services.

Avatar reserves the right, at its sole discretion, to limit your use of or access to the Services in order to maintain performance and availability, as well as to enforce these Terms of Service.

2.3 Compliance with Laws

You agree to use our Services in compliance with all applicable laws, rules, and regulations. You further agree not to engage in any activity that may interfere with or disrupt our Services or the servers and networks connected to our Services.

2.4 Prohibited Conduct

You are prohibited from engaging in any conduct that, in our sole discretion, is harmful, offensive, or disruptive to Avatar Staffing, our users, or any third party. Prohibited conduct includes, but is not limited to:

Violating any applicable laws or regulations.
Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity.
Uploading, posting, or transmitting any material that is unlawful, defamatory, infringing, obscene, indecent, or otherwise objectionable.
Interfering with or disrupting the operation of our Services or the servers and networks connected to our Services.
Using any robot, spider, scraper, or other automated means to access our Services for any purpose without our express written permission.
Attempting to gain unauthorized access to our Services, user accounts, or computer systems and any unauthorized use or sabotage of computers, machines, or networks.
Using the Services while driving.
Transmitting chain letters, pyramid schemes, or engaging in deceptive online practices.
Adversely affecting another user’s experience.
Monitoring or intercepting data without authorization.
Attempting to bypass security measures.
Reverse engineering or modifying the Services.
Unauthorized distribution, sale, or transfer of information.
Collecting sensitive data without consent.
Falsifying user identification information.
Using the Services for unlawful purposes.

Failure to comply with these may result in account termination and legal action. Avatar reserves the right to enforce these terms and limit access to ensure service performance.

3. Intellectual Property

Our Services and all content, materials, and information provided therein are protected by copyright, trademark, and other intellectual property laws. You acknowledge and agree that all intellectual property rights in our Services belong to Avatar or our licensors. You are granted a limited, non-exclusive, non-transferable right to access and use our Services solely for your personal and non-commercial purposes. You may not modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from our Services without our prior written consent.

4. Privacy

We respect your privacy and are committed to protecting your personal information. Our collection, use, and disclosure of personal information are governed by our Privacy Policy, which can be accessed at this link. By using our Services, you consent to our collection, use, and disclosure of personal information as described in the Privacy Policy.

5. Disclaimer of Warranties

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SERVICES.

7. Indemnification

You agree to indemnify, defend, and hold harmless Avatar, its officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or related to your violation of these Terms or your use of our Services.

8. Termination

We reserve the right, in our sole discretion, to terminate or suspend your access to our Services, without prior notice or liability, for any reason whatsoever, including, without limitation, if we believe that you have violated these Terms. Upon termination, your right to use our Services will immediately cease.

9. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of laws principles. Any legal suit, action, or proceeding arising out of or related to these Terms or your use of our Services shall be instituted exclusively in the federal or state courts located in Dallas County, Texas.

10. Entire Agreement

These Terms constitute the entire agreement between you and Avatar regarding your use of our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

11. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

12. Waiver

The failure of Avatar to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

13. Changes to these Terms

We reserve the right to modify or update these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website or through other communication channels. Your continued use of our Services after the effective date of the revised Terms constitutes your acceptance of the changes.