Last Revised: March 25, 2022
The intranet website (“Site”) is owned and operated by Interim HealthCare Inc. (“Interim,” “we,” “our,” or “us”). The Site provides information for franchisee owners and employees, suggestions on the best way to use Interim’s plans, procedures, methods, and information, and how to operate the franchise in accordance with Interim requirements (“Services”).
We may make changes to the content available on the Site at any time. We can change, update, add, or remove provisions of these Terms at any time by posting the updated Terms on the Site. We will make commercially reasonable efforts to notify you of any material changes to these Terms however we are not obligated to. You waive any right you may have to receive specific notice of such changes to these Terms with the exception that we will not amend the arbitration provision without giving you notice and an opportunity to opt out of such provision. By using the Site after we have updated the Terms, you are agreeing to the then-current Terms. You are responsible for regularly reviewing these Terms.
In addition to these Terms, your use of certain Services may be governed by additional agreements.
1. Accessing the Site
We reserve the right to withdraw or amend this Site, and any Services or Materials (defined below) we provide on the Site, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, in our sole discretion and without notice, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for both:
· Making all arrangements necessary for you to have access to the Site.
· Ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them. Only franchisee owners and employees of the franchisee business are authorized to access the Site.
To access the Site or certain of the resources it offers, you will be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete, and that you have the authority to provide such information to us.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you sign out of or exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms.
2. Proprietary Rights and Your Use of the Site
Unless otherwise specified in these Terms, all information and screens appearing on this Site are the sole property of Interim or our subsidiaries and affiliates, and other parties. We provide content through the Site that is copyrighted or contains protectable trademarks of Interim or our third-party licensors and suppliers (collectively, the “Materials”). Materials may include documents, manuals, bulletins, plans, procedures, services, methods, reports, procedures, software, site design, text, graphics, logos, video, images, icons, and other content, as well as the arrangement thereof, including any improvements, enhancements, or modifications thereto, developed, prepared, made or suggested.
You expressly recognize that you may not file in your own name any federal, state, or local applications for registration of any names or marks. You shall not use in advertising, or for any other purpose, any Materials owned by us, without including appropriate copyright and/or trademark registration notices which may be required by applicable laws or as directed by us.
Subject to these Terms, we hereby grant to you a revocable, limited, non-exclusive, and non-transferable license to use, view, and download the Materials for the sole purpose of operating an Interim franchise.
You acknowledge that the Materials represent and will continue to represent the valuable, confidential and proprietary property of Interim. Specifically, you acknowledge that aspects of the Materials, may be protected by our patent, copyright, trademark, service mark, trade secret, trade name or other intellectual property rights (collectively, the “Intellectual Property Rights”). Except for the foregoing license and any license provided in the Franchise Agreement, or as otherwise required or limited by applicable law, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Site or Materials in any manner or for any purpose that would constitute infringement of our, our licensors’, or the Site’s other user’s Intellectual Property Rights. All rights not expressly granted herein are reserved.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
3. Confidential Information
“Confidential Information” means any information provided to you by Interim pursuant to these Terms that you have been informed or have a reasonable basis to believe is confidential to Interim, including, for example, procedures, plans, manuals, bulletins, ideas, programs, data, software, systems configurations, reports, projections, initiatives, pricing information, customer data or other business or technical information. Such Confidential Information generally shall be designated in writing to be confidential or proprietary, or if disclosed orally, shall be summarized and confirmed in writing within thirty (30) days as being confidential or proprietary, except however, all plans and procedures, together with the goodwill and any manuals, bulletins, material, or information developed for operating an Interim franchise shall be deemed to be Confidential Information of Interim without any need for marking as confidential or proprietary.
You will use your best efforts to protect the Intellectual Property Rights and Confidential Information and will not sell, license, sublicense, transfer or otherwise disclose or dispose of the Materials, the Intellectual Property Rights, or Confidential Information, or any portion thereof, and will take such precautions with respect to the Materials and the Intellectual Property Rights and Confidential Information as are taken by you to protect your own confidential information and proprietary rights of the greatest sensitivity. Except as expressly permitted in these Terms or the Franchise Agreement, you will not directly or indirectly make any disclosure of all or any part of the Materials to any third party.
4. Your Communications to the Site
By forwarding any content or communications to us through the Site or by other electronic means, you thereby grant us a perpetual, royalty-free, fully paid-up, world-wide, irrevocable, non‑exclusive, freely transferable, and freely sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form for the purposes of providing the Services and any purpose tangentially related to the Services. No compensation will be paid to you with respect to our or our sublicensees’ use of your communications. By providing or submitting content, you represent and warrant that you own or otherwise control all of the rights to your submitted content and communications as described in this section, including all the rights necessary for you to submit the content and communications and grant the license above.
5. Electronic Communications
By using the Site and/or the Services, you consent to receiving electronic communications, including electronic notices, from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Materials. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
6. Permitted Uses
By accessing or using the Site, you agree that:
· Your use of the Site is subject to and governed by these Terms;
· You will only access or use the Site and transact business with us if you are at least eighteen (18) years old;
· You will use the Site solely for its Services offered in the normal course of business;
· You will always act in accordance with the law and custom, and in good faith;
· You will comply with and be bound by these Terms as they appear on the Site each time you access and use the Site;
· Each use of the Site by you indicates and confirms your agreement to be bound by these Terms; and
· These Terms are a legally binding agreement between you and us that will be enforceable against you.
You further agree to not use the Site in any way that:
· Changes or alters the Site or content or Services that may appear on the Site;
· Impairs in any way the integrity or operation of the Site;
· Interferes with or induces a breach of the contractual relationships between us and our employees;
· Is in any way unlawful or prohibited, or that is harmful or destructive to anyone or their property, including any unlawful use of Materials or Confidential Information or infringement or misappropriation of Intellectual Property Rights;
· Transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited email and commercial communications;
· Transmits any harmful or disabling computer codes or viruses;
· Harvests email addresses from the Site;
· Transmits unsolicited email to the Site or to anyone whose email address includes the domain name of the Site;
· Interferes with our network services;
· Attempts to gain unauthorized access to our network services;
· Suggests an express or implied affiliation or relationship with us without our express written permission;
· Impairs or limits our ability to operate the Site or any other person’s ability to access and use the Site;
· Unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
· Transmits or uploads violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
· Dilutes or depreciates our or any of our affiliates’ name and reputation;
· Transmits or uploads content or images that infringe upon any third party’s intellectual property rights or right to privacy; or
· Unlawfully transmits or uploads any confidential, proprietary or trade secret information.
This list of prohibited activities provides examples and is not complete or exclusive. We reserve the right to terminate access to your account and your ability to use this Site or the Materials with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to this Site or to any other user of this Site and/or Materials. We may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site.
All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that:
· You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and [our affiliates and service providers, and each of their and] our respective licensees, successors, and assigns.
· All of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Interim, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.
8. Monitoring and Enforcement; Termination
We have the right to:
· Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
· Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for us.
· Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
· Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Site.
· Terminate or suspend your access to all or part of the Site for any reason, including any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS INTERIM AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
9. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
· Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote, or assist any unlawful act.
· Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
· Impersonate any person or misrepresent your identity or affiliation with any person or organization.
· Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
10. Reliance on Information Posted
This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Interim. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
11. Third-Party Links
12. Federal and State Laws
The Site is operated from the U.S. and is intended for U.S. residents only. The Site is not approved for distribution outside of the U.S. and non-U.S. residents should not rely or act upon the information contained within. When using the Site, on the Site, or when using any content provided by us, you must obey all applicable U.S. federal, state, and local laws.
13. Minimum Age
We do not allow persons under the age of eighteen (18) to use the Site. By using the Site, you represent and warrant that you are eighteen (18) years of age or over.
14. Disclaimer of Warranties
Your use of this Site is at your own risk. The Materials have not been verified or authenticated in whole or in part by us, and they may include inaccuracies or typographical or other errors. We do not warrant the accuracy or timeliness of the Materials contained on this Site. We have no liability for any errors or omissions in the Materials, whether provided by us, our licensors or suppliers or other users.
TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SITE, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY THIRD-PARTY GOODS OR SERVICES PROVIDED ARE SUPPLIED AS A CONVENIENCE TO YOU AND DO NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT ALLOWED BY LAW, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE MATERIALS, ANY CONTENT, OR OTHER POSTED MATERIALS ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
BY PROVIDING THE SERVICES ON THE SITE, WE DO NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. WE ARE ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE SITE AT ANY TIME, IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU.
15. Limitation of Liability
WE cannot guarantee the Site will be available one hundred percent (100%) of the time Because public networks, such as the internet, occasionally experience disruptions. Although WE STRIVE to provide the most reliable webSite reasonably possible, interruptions and delays in accessing the Site are unavoidable and WE DISCLAIM any liability for damages resulting from such problems.
NOTWITHSTANDING THE FOREGOING, THE LIABILITY OF INTERIM AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, THE MATERIALS, AND ANY CONTENT OR SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, FIFTY DOLLARS ($50).
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless us and our affiliates, employees, agents, representatives and third-party service providers, for any and all claims, demands, actions, liability, fines, penalties and expenses that may arise from any of your acts through the use of the Site. Such acts may include: (i) providing content to or communicating with us or our Affiliates; (ii) unauthorized use of Materials obtained through the Site; (iii) engaging in a prohibited activity; (iv) or any other action that breaches these Terms.
17. Copyright Complaints
Interim respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Interim through the contact information provided in these Terms.
18. Injunctive Relief
You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state or Federal courts located in Florida. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
19. Miscellaneous Provisions
Severability. If any term or provision in these Terms is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms in its entirety and the remainder of these Terms shall survive with the said offending provision eliminated.
Headings. Provision and section headings are for convenience of reference only and shall not affect the interpretation of these Terms.
Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site’s postings as accurate as possible, but we do not warrant the content of the Site is accurate, complete, reliable, current, or error-free.
you have any questions or comments about these Terms or this Site, please
contact us by email at [email protected]. You also may
write to us at:
Interim HealthCare Inc.
1551 Sawgrass Corporate Parkway
Sunrise, Florida 33323