Terms and Conditions

PLEASE READ THESE TERMS OF USE SET OUT BELOW (THE "TERMS OF USE") CAREFULLY. THESE TERMS OF USE CREATE A LEGALLY BINDING AGREEMENT BETWEEN YOU (AS DEFINED BELOW) AND MUCH-GRACE HEALTHCARE LLC.

THESE TERMS OF USE GOVERN YOUR ACCESS TO AND USE OF THE MUCH-GRACE HEALTHCARE MOBILE AND WEB APP (THE "MUCH-GRACE HEALTHCARE APP"), THE SERVICES PROVIDED BY MUCH-GRACE HEALTHCARE IN CONNECTION WITH THE APP OR THE MUCH-GRACE HEALTHCARE APP (THE "SERVICES"), AND THE MESSAGES, INFORMATION, DATA, TEXT, VIDEOS, IMAGES AND OTHER CONTENT AVAILABLE ON THE MUCH-GRACE HEALTHCARE APP OR THE SERVICES

THE PLATFORM IS PROVIDED BY MUCH-GRACE HEALTHCARE LLC SOLELY FOR THE LIMITED PURPOSES IDENTIFIED IN THESE TERMS OF USE, AND ITS USE BY YOU IS CONDITIONAL ON YOUR ACCEPTANCE OF THESE TERMS OF USE. TO ENTER INTO THIS AGREEMENT AND TO USE THE PLATFORM, YOU MUST BE OLDER THAN: (A) 18 YEARS OLD; OR (B) THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE.

MUCH-GRACE HEALTHCARE may, in its sole discretion, change, add, remove, or update part or all of these Terms of Use at any time simply by revising them on the APP. You are responsible for periodically checking the date of the "Last Update" to these Terms of Use to determine whether any changes have been made. If any change in these Terms of Use is not acceptable to you, discontinue your use of the platform. Your continuing use following such modifications will constitute acceptance of them.

BY VISITING, ACCESSING, OR OTHERWISE USING THIS PLATFORM, YOU AGREE ON YOUR BEHALF AS AN INDIVIDUAL AND ON BEHALF OF ANY ENTITY ON WHOSE BEHALF YOU AS AN INDIVIDUAL MAY ACT (COLLECTIVELY, "YOU" OR "YOUR"), TO ACCEPT AND ABIDE BY THESE TERMS OF USE FOR EACH USE OF AND EACH VISIT TO THE PLATFORM.

Much-Grace Healthcare is an online staffing app that connects healthcare facilities and nursing professionals , allowing nursing professionals to book on-demand shifts .Our easy-to-use mobile app allows participating healthcare facilities to post available shifts and nursing professionals to find and sign up for open shifts near them. Much-Grace Healthcare's software permits Users to access and use Much-Grace Healthcare APP, and the Services described herein.

By signing up for a Much-Grace Healthcare account or by otherwise using the APP or the Services (regardless of whether you register as a User of the Services), you agree that you have read, understood, and agree to be bound by these Terms of Service.

If you agree to the Terms of Service on behalf of an entity or facility, you represent and warrant that you have the authority to bind that entity or facility to the Terms of Service and agree that you are binding both you and that entity or facility to the Terms of Service. In that event, "you" and "your" will refer to and apply to both you and that entity or facility. By using the Services, you also acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Much-Grace Healthcare's Privacy Policy, which is incorporated into these Terms of Service by reference. You also agree to abide by any additional Rules or other requirements for Users that are published on the APP. Certain features of our Services may be subject to additional terms and conditions, which are incorporated herein by reference.

If you do not agree or are unable to agree to be bound by these Terms of Service, do not use the APP or the Services.

We may amend these Terms of Service at any time by posting the amended Terms of Service on the APP. When changes are made, we will make the revised version available on this platform and will indicate at the top of this page the date that revisions were last made. If we make a material change to the Terms of Service, we may notify you by sending a notice to the email address registered to your Account and/or by posting a prominent notice on our APP. Your use of the APP or the Services after the effective date of any changes to these Terms of Service ("Effective Date") will constitute acceptance by you of such changes.

REGISTRATION AND ACCEPTANCE
By registering for an account to use the Services and APP (an "Account"), by using the APP or Services after the Effective Date if you had an Account on the Effective Date, or by clicking to accept the Terms of Service when prompted on the APP, you agree to abide by these Terms of Service. To access and use certain portions of the APP and the Services, you must register for an Account. Subject to the APP and Services Terms of Use, certain portions of the APP are available to you as a visitor to the APP ("APP Visitor"), including before your Account registration has been accepted. We reserve the right to decline a registration for a Much-Grace Healthcare Account for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.

If you create an Account on behalf of an entity as that entity's employee or agent, you represent and warrant that you are authorized to enter into binding agreements, including these Terms of Service, on behalf of yourself and the entity.

ACCOUNT ELIGIBILITY
Much-Grace Healthcare offers the APP and Services for your business purposes only and not for personal, household, or consumer use. To register for an Account to use the APP and Services, you hereby represent that you: (a) will use the APP and Services for business purposes only; and (b) are either a legal entity or an individual who is 18 years or older (or have otherwise reached the age of majority in the jurisdiction in which you conduct business) in each case who can enter into legally binding agreements.

ACCOUNT PROFILE
To register for an Account, or add an Account type, to use the APP and Services, you must complete a User profile ("Profile"), which you consent to be shown to other Users. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the APP or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your business, or the services your business provides and to correct any such information that is or becomes false or misleading.

You can register for an Account or add an Account type to use the APP and Services as an HCF ("HCF Account"). Each User under an HCF Account can be given different permissions to act on behalf of the HCF Account.

IDENTITY AND LOCATION VERIFICATION
When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, your business, and your ability to act on behalf of your business on Much-Grace Healthcare APP. You authorize Much-Grace Healthcare, directly or through third parties, to make any inquiries Much-Grace Healthcare deems necessary to validate your identity and your location and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business, which includes, but is not limited to, providing official government or legal documents. During verification, some Account features may be temporarily limited. When verification is successfully completed, Account features will be restored.

USERNAMES AND PASSWORDS
When you register for an Account, you will be requested to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password. You agree not to share your username or password with any person, and, if you are a legal entity who is not a natural person, to only share your username and password with a person who is authorized to use your Account. You authorize Much-Grace Healthcare to assume that any person using the APP with your username and password is either you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the APP if (a) you are not authorized to use both or (b) the use would violate the Terms of Service.

SAFETY AND SUPERVISION
You acknowledge and agree that you will conduct yourself both on Much-Grace Healthcare APP/website and during any shift found through Much-Grace Healthcare in accordance with all applicable laws, regulations, and professional standards, including those relating to safety. Much-Grace Healthcare's requirements relating to safety include the following:

• A healthcare shall provide orientation to any nursing professional who books a shift at healthcare facility, which orientation shall include, at minimum, a review of healthcare facility policies and procedures regarding medication administration, documentation procedures, patient rights, Infection Prevention, Fire and Safety, OSHA, and EMR/Charting, where applicable.
• Healthcare facilities shall provide nursing professionals with an occupational environment free from occupational hazards and shall be responsible for compliance with all applicable federal, state, and local occupational safety and health regulation standards.
• Healthcare facilities shall provide nursing professionals with all necessary equipment and technology needed to perform the duties and responsibilities required at their facilities. Nursing professionals acknowledge and agree that they are required to follow healthcare facilities policies, procedures, and protection protocols. It is the sole responsibility of healthcare facilities to monitor and enforce all policies and procedures with nursing professionals. Much-Grace Healthcare assumes no liability for any equipment or technology that healthcare facilities provide to nursing professionals , or for any policies, procedures and protection protocols.
• Healthcare facilities appropriate personnel shall supervise nursing professionals, and will evaluate services provided by them in accordance with the facilities policies, procedures, and standards. Users acknowledge and agree that Much-Grace Healthcare does not and will not supervise, monitor, or evaluate nursing professionals in the performance of their duties and responsibilities.

You also agree to notify Much-Grace Healthcare if you become aware of a possible safety concern or unlawful conduct during a shift found through Much-Grace Healthcare's marketplace. Much-Grace Healthcare's Trust and Safety Department will determine if any Account should be subject to review, suspension, and/or deactivation as a result of any such notification.

CANCELLATIONS
You agree and acknowledge that cancellations of shifts that you post or book through Much-Grace Healthcare's APP can impair the functioning of the marketplace and create a poor experience for Users of the marketplace. Accordingly, you agree to follow Much-Grace Healthcare's cancellation rules applicable to nursing professional Accounts (if you are a nursing professional) and Much-Grace Healthcare's cancellation rules relating to healthcare facilities accounts (if you are a healthcare facility).

If at any time you decide that you do not wish to be matched on Much-Grace Healthcare's marketplace you may delete your account. Much-Grace Healthcare reserves the right to review, suspend, and/or permanently deactivate a User's Account.

ACCOUNT REVIEWS
If a User's Account engages in suspicious activity involving cancellations or activity otherwise negatively impacting the experience of other Users, Much-Grace Healthcare reserves the right to place that Account under temporary review. During that temporary Account review period, the Account's previously booked shifts will not be affected, but the Account may be prohibited from booking additional shifts.

OTHER RULES RELATING TO THE USE OF THE APP OR SERVICES
Without limiting other rules and prohibitions in these Terms of Service, by using the APP or the Services, you agree that:

• You will only use the APP or the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes, and you will not engage in conduct that harms other Users or Much-Grace Healthcare employees or agents.
• You will not use another User's Account or identity or impersonate any person or entity.
• You will not use the APP or Services to cause nuisance, annoyance, or inconvenience.
• The information you provide to us when you register for an Account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.
• You will keep secure and confidential your Account password or any other identification credentials we provide you that allows access to the APP or Services.
• You will not try to harm other Users, Much-Grace Healthcare, or the Services in any way whatsoever.
• You will not engage in threatening, harassing, racist, sexist, violent, hateful, unlawful, or any other behavior that Much-Grace Healthcare deems inappropriate (as determined by Much-Grace Healthcare in its sole discretion) when using the APP or Services.
• You will not abuse our promotional system, including by redeeming multiple offers or coupons at once or by opening multiple Accounts to benefit from offers or promotions available only to first-time users of the APP or Services.

The provisions of this Section 5 apply to any interaction between Users via the APP or the Services. Users agree to use the communication services available on the APP to communicate with other Users regarding their engagement with each other, including rate negotiations, discussion of other terms, arrival details to the location, pre-work requirements prior to arrival, and coordination during shifts.

You are prohibited from using the communication services to:

• Request other Users for documentation relating to your occupation or shifts you have completed, payments, or incidents/disputes; or
• Post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic, illegal, or any material that could constitute conduct that would be considered a criminal offense, could violate the rights of any party, or could otherwise violate any law or give rise to civil or criminal liability.

In all cases, we reserve the right, but are not obligated, to remove any content, message, or transmission you have made for any or no reason, including but not limited to messages that, in our sole discretion, violate these Terms of Service. We also reserve the right to suspend or permanently deactivate your Account if we determine, in our sole discretion, that you violate these Terms of Service.

You agree not to rely on the APP, the Services, any information on the APP, or the continuation of the APP. The APP and the Services are provided "as is" and on an "as available" basis. Much-Grace Healthcare makes no representations or warranties with regard to the APP; the Services; work product; textual, audio, and/or visual content and information, and submission of entries for competitions and promotions ("User Content"); or any activities or items related to these Terms of Service. To the maximum extent permitted by applicable law, Much-Grace Healthcare disclaims all express and implied conditions, representations, and warranties, including, but not limited to, the warranties of merchantability, accuracy, fitness for a particular purpose, title, and non-infringement. Some jurisdictions may not allow for all of the foregoing limitations on warranties, so to that extent, some or all of the above limitations may not apply to you. Section 8 (Termination of Terms of Service) states your sole and exclusive remedy against Much-Grace Healthcare with respect to any defects, non-conformances, or dissatisfaction.

Much-Grace Healthcare is not liable, and you agree not to hold us responsible for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to: Your use of or your inability to use our APP or Services; Delays or disruptions in our APP or Services; Viruses or other malicious software obtained by accessing or linking to, our APP or Services; Glitches, bugs, errors, or inaccuracies of any kind in our APP or Services; Damage to your hardware device from the use of the APP or Services; The content, actions, or inactions of third parties use of the APP or Services; Reviews, ratings, suspensions, deactivation, or other action taken with respect to your Account; Your reliance on the quality, accuracy, or reliability of job postings, User Profiles, ratings, recommendations, and feedback (including their content, order, and display), CompoAPP Information, or metrics found on, used on, or made available through the APP; and You need to modify practices, content, or behavior or your loss of or inability to do business as a result of changes to the Terms of Service.

In addition, in no event will Much-Grace Healthcare, our affiliates, our licensors, or our third-party service providers be liable for any special, consequential, incidental, punitive, exemplary, or indirect costs or damages, including, but not limited to litigation costs, installation and removal costs, or loss of data, production, profit, or business opportunities. The liability of Much-Grace Healthcare, our affiliates, our licensors, and our third-party service providers to any user for any claim arising out of or in connection with these Terms of Service will not exceed $2,500. These limitations will apply to any liability arising from any cause of action whatsoever arising out of or in connection with these Terms of Service, whether in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such costs or damages and even if the limited remedies provided herein fail of their essential purpose. Some states and jurisdictions do not allow for all of the foregoing exclusions and limitations, so to that extent, some or all of these limitations and exclusions may not apply to you.

TERMINATION
Unless both you and Much-Grace Healthcare expressly agree otherwise in writing, either of us may terminate these Terms of Service in our sole discretion, at any time, without explanation, upon written notice to the other, except as otherwise provided herein. In the event, you properly terminate these Terms of Service, your right to use the APP and Services will be automatically revoked, and your Account will be permanently deactivated. You understand and acknowledge that termination of these Terms of Service (or attempt to terminate these Terms of Service) does not terminate or otherwise impact any obligation to pay outstanding fees. You will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the closure of any open invoice, whichever is later, to Much-Grace Healthcare for any Services or such other amounts owed under the Terms of Service.

Without limiting Much-Grace Healthcare's other rights or remedies, we may, but are not obligated to, temporarily or indefinitely revoke or limit access to the APP or Services, deny your registration, or permanently revoke your access to the APP and refuse to provide any or all Services to you if:

• you breach the letter or spirit of any terms and conditions of these Terms of Service or any other provisions of the Terms of Service;
• we suspect or become aware that you have provided false or misleading information to us;
• we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or Much-Grace Healthcare or our affiliates; may be contrary to the interests of the APP or the User community; or may involve illicit or illegal activity; or
• we are required to by law, legal process, or law enforcement. If your Account is deactivated, you may not use the APP under the same Account or a different Account or re-register under a new Account without Much-Grace Healthcare's prior written consent. If you attempt to use the APP under a different Account, we reserve the right to reclaim available funds in that Account and/or use an available payment method to pay for any amounts owed by you to the extent permitted by applicable law.

You acknowledge and agree that the value, reputation, and goodwill of the APP depend on the transparency of a User's Account status to all Users, including both yourself and other Users.

SURVIVAL
After this Agreement terminates, the terms of this Agreement and the other Terms of Service that expressly or by their nature contemplate performance, after this Agreement terminates or expires, will survive and continue in full force and effect. Without limiting any other provisions of the Terms of Service, the termination of this Agreement for any reason will not release you or Much-Grace Healthcare from any obligations incurred prior to the termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.

The relevant dispute resolution process that applies to you is described in the Agreement with Much-Grace Healthcare that you are required to sign upon creating your Account to access Much-Grace Healthcare's marketplace.

GENERAL

ENTIRE AGREEMENT
These Terms of Service set forth the entire Agreement and understanding between you and Much-Grace Healthcare relating to the subject matter hereof and cancel and supersede any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof. The section headings in terms of Service are included for ease of reference only and have no binding effect. Even though Much-Grace Healthcare drafted the Terms of Service, you represent that you had ample time to review and decide whether to agree to the Terms of Service. If an ambiguity or question of intent or interpretation of the Terms of Service arises, no presumption or burden of proof will arise favoring or disfavoring you or Much-Grace Healthcare because of the authorship of any provision of the Terms of Service.

MODIFICATIONS; WAIVER
No modification or amendment to the Terms of Service will be binding upon Much-Grace Healthcare unless it is agreed to in a written instrument signed by a duly authorized representative of Much-Grace Healthcare or posted on the APP by Much-Grace Healthcare. An email will not constitute a written instrument as contemplated by Section 10.2. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

ASSIGNABILITY
You may not assign the Terms of Service or any of its rights or obligations hereunder without Much-Grace Healthcare's prior written consent in the form of a written instrument signed by a duly authorized representative of Much-Grace Healthcare. Much-Grace Healthcare may freely assign these Terms of Service without your consent. Any attempted assignment or transfer in violation of this subsection will be null and void.

Subject to the foregoing restrictions, the Terms of Service are binding upon and will insure to the benefit of the successors, heirs, and permitted assigns of the parties.

SEVERABILITY; INTERPRETATION
If and to the extent any provision of these Terms of Service is held to be illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective only as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of the such provision in any other jurisdiction or of any other provision in any jurisdiction.

FORCE MAJEURE
The parties to these Terms of Service will not be responsible for the failure to perform, or any delay in performance of, any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other conditions beyond the reasonable control of such party.

PREVAILING LANGUAGE AND LOCATION
The English language version of the Terms of Service will be determinant in all respects and will prevail in case of any inconsistencies with translated versions if any.

CONSENT TO USE ELECTRONIC RECORDS
In connection with the APP and Services Terms of Use below, you may be entitled to receive, or we may otherwise provide, certain records from Much-Grace Healthcare or our affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the APP and the APP Services, you give us permission to provide these records to you electronically instead of in the paper form.

APP AND SERVICES TERMS OF USE
Without limiting any of the foregoing Rules or other provisions of these Terms of Service, any APP Visitor or User agrees to the following:

• You will only use the APP or the Services in accordance with all applicable laws, including copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights.
• You will only access the APP or Services using means explicitly authorized by Much-Grace Healthcare
• You will not forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the APP or Services.
• You will not use the APP or Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting, or selling to, any User, unless Much-Grace Healthcare has given you prior permission to do so in writing.
• You will not copy or distribute the software used by Much-Grace Healthcare, the APP, or the Services, or any content displayed through the APP or Services for republication in any format or media.
• You will not compile, directly or indirectly, any content displayed through the APP or Services except for your personal, noncommercial use.
• You will use the APP and Services only for your own use and will not directly or indirectly resell, license, or transfer the Software, Services, or content displayed by the APP or Services to a third party.
• You will not use the APP or Services in any way that could damage, disable, overburden or impair any Much-Grace Healthcare server or the networks connected to any Much-Grace Healthcare server.
• You will not attempt to gain unauthorized access to the APP or Services and/or to any Account, resource, computer system, and/or network connected to any Much-Grace Healthcare server.
• You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures Much-Grace Healthcare may use to prevent or restrict access to the APP or Services or use of the APP or Services or the content therein.
• You will not deep-link to the APP or access the APP manually or with any robot, spider, web crawler, extraction software, automated process, and/or device to scrape, copy, index, frame, or monitor any portion of the APP or any content on the APP.
• You will not scrape or otherwise conduct any systematic retrieval of data or other content from the APP or Services.
• You will report any errors, bugs, unauthorized access methodologies, or any breach of our intellectual property rights that you uncover in your use of the APP or the Services.

In addition, Much-Grace Healthcare may, in Much-Grace Healthcare's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Much-Grace Healthcare User Content through the APP or Services. Any User Content provided by you remains your property. However, by providing User Content to Much-Grace Healthcare, you grant Much-Grace Healthcare a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Much-Grace Healthcare's business and on third-party APPs and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that:

• you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases necessary to grant Much-Grace Healthcare the license to the User Content as set forth above; and
• neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Much-Grace Healthcare's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Much-Grace Healthcare in its sole discretion, whether or not such material may be protected by law. Much-Grace Healthcare may, but shall not be obligated to, review, monitor, and remove User Content, at Much-Grace Healthcare's sole discretion and at any time and for any reason, without notice to you.

updated on February 14th,2023.