Shift Cards and Contact Cards
kolligate creates a community for Job Posters to post Shift Cards for Job Seekers. Job Seekers can post Contact Cards containing contact information for Job Posters. Shift Cards and Contract Cards are not reviewed by kolligate. They are created and provided by third parties (i.e. the Job Seeker or Job Poster) over whom kolligate exercises no control; you acknowledge and understand that kolligate has no control over the content of Shift and Contact Card, or any conditions third parties might impose once a Job Seeker has submitted an application or left the Site.

By way of example, but not limitation, some of these third parties may attempt to charge Job Seekers a fee to apply for a job even though kolligate does not charge Job Seekers. If you leave the kolligate’s Site and choose to enter a third-party website, you accept any terms and conditions imposed by that third-party. Shift and Contact Cards are not posted in any particular way or manner or in any particular order. kolligate has no obligation to screen any Shift or Contact Cards. kolligate does not confirm the accuracy or completeness of any Shift or Contact Card, or other information submitted by a Job Poster, or any other User, including the identity of such Job Poster or User.

kolligate assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Shift or Contact Cards or any information included by a Job Seeker.

Job Seeker Profile and Data
By creating an account and including your Personal Data on a Contact Card (i.e. your name, contact information, resume), you are requesting and authorizing kolligate to make that information available to Job Posters and other Users.
kolligate is not responsible for the availability of any position posted on a Shift Card. kolligate cannot vouch for the validity of the contact information provided to us by a Job Poster. kolligate is not responsible for a Job Poster’s Shift Card, the application or the application process, messages, screener questions, skills assessments or their format or method of delivery. We do not guarantee the validity of a job offer and cautions Job Seekers to verify the validity of a job offer before taking an adverse action regarding their current employment situations. Job Seekers are solely responsible for verifying the accuracy of any Job Poster or job offer. If a Job Seeker requires alternative methods of screening or application it is the sole responsibility of the Job Seeker to request such accommodation. There is no guarantee or assurance that the Job Seeker will be hired by using kolligate.
kolligate is not responsible for any personal health, safety of the Job Seeker or Job Poster, or any safety best practices.
Feedback
After a shift is completed, the Job Seeker is offered a screen to provide feedback on their experience by indicating a “Thumbs Up”. Only positive feedback is allowed but is not required. Therefore, any feedback (i.e. a Thumbs Up) in no way reflects the positive or negative opinion of any third party nor does it reflect the opinion kolligate. kolligate is not responsible for any positive feedback or the absence of any feedback on its site. The User specifically waives any claims or liability of kolligate associated with feedback or the lack thereof. The order in which a Shift Card or Contact Card appears is random and does not reflect the presence or absence of any feedback.
Health and Safety
The health and safety of individuals using the Services is of utmost importance. You shall not book or accept shifts if you exhibit or have a reasonable belief or suspicion that you have been exposed to anyone that may have COVID-19 or any other infectious disease. By accepting these Terms and using the Services you agree that you will abide by any and all federal, state, and local health regulations pertaining to the medical profession. Failure to abide by this health and safety provision may result in the immediate termination of your ability to use the Services. Further, kolligate reserves the right to report any adverse activities to the appropriate authorities. If the Job Seeker accepts employment or temporary shifts through the Services and is informed by the Job Poster that a member of its staff has or may have COVID-19, it is the Job Seeker's sole and exclusive responsibility to either accept or reject the offer. The Job Seeker specifically acknowledges that he/she understands this provision and will indemnify and hold kolligate harmless from any and all claims associated with the Job Seekers failure to abide by the Terms related to the health and safety of co-workers, patients and/or any individual that may come into contact the with Job Seeker. The Job Seeker also agrees to indemnify and hold kolligate harmless for any and all claims related to exposure to COVID-19 or any other infectious disease while using the Services.

The following terms and conditions apply to all Job Posters and other Users, such as a practice administrator. When a Job Poster, or its practice administrator, recreates an account and post a Shift or Contact Card on the Site, you agree that this Agreement, the terms associated with the Service and the Privacy Policy apply to you.
Job Poster Accounts
A Job Poster account is for business and NOT personal use. You must be a registered business in the state or commonwealth in which you operate in order to create a Job Poster account. By creating an account and using the Services and Site, you specifically warrant that you are a fully licensed and registered business and not acting in an individual capacity. kolligate is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party. If you attempt to send an email from a name or email address that is not true, accurate, current or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms.

Practice administrators may be able to access a Job Poster’s account. The Job Poster is responsible to ensure that only authorized individuals have access to the Job Poster’s account. If you are a practice administrator, or if you are posting a Shift or Contact Card, you specifically represent and warrant that you are authorized representative of the Job Poster and that you have the authority to post the Shift or Contact Card on behalf of the Job Poster. You further agree to indemnify and hold harmless kolligate from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) that result from the sharing of this data. The Job Poster specifically agrees that kolligate has no liability regarding the accuracy of the Shift or Contact Card and that you are fully responsible for said accuracy of same.

The Job Poster is responsible for all interactions with the Job Seeker. kolligate is not responsible for content on a Shift or Contact Card, for any and all interview or screening questions, and the safety of the Job Seeker while engaging with the Job Poster at an interview or during the employment. The Job Poster shall indemnify, defend and hold harmless kolligate, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Shift or Contact Card, screener questions (or answers thereto), or any message sent by the Job Poster or any of the foregoing.

kolligate specifically reserves the right to remove a Job Poster from the Site for any or no reason
Salary and Compliance with Laws
The Job Poster agrees that it is solely and exclusively responsible to pay a Job Seeker’s salary, including any and all applicable State, Federal, or Local taxes. Further, the Job Poster is responsible to comply with any minimum wage or union requirements. The Job Poster shall indemnify, defend and hold harmless kolligate, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any claim related to a Job Seeker’s salary or compensation.

The Job Poster acknowledges that it is solely and exclusively responsible for compliance with any and all laws affecting the employment or the offer of employment to the Job Seeker including, but not limited to, the Americans with Disabilities Act or any other equivalent or similar law.

Communication with Job Seeker
The Job Poster may, and likely will, communicate with the Job Seeker through messages, emails or email notifications. Once contact information is exchanged, kolligate is not responsible or liable for the manner in which the Job Poster uses the information or the content of any email or message.
Feedback
After a shift is completed, the Job Poster is offered a screen to provide feedback on their experience by indicating a “Thumbs Up”. Only positive feedback is allowed but is not required. Therefore, any feedback (i.e. a Thumbs Up) in no way reflects the positive or negative opinion of any third party nor does it reflect the opinion kolligate. kolligate is not responsible for any positive feedback or the absence of any feedback on its site. The User specifically waives any claims or liability of kolligate associated with feedback or the lack thereof. The order in which a Shift Card or Contact Card appears is random and does not reflect the presence or absence of any feedback.
Health and Safety
The health and safety of individuals using the Services is of utmost importance. You shall notify any potential Job Seeker if you have a reasonable belief or suspicion that a member of your staff has been exposed to anyone that may have COVID-19 or any other infectious disease. By accepting these Terms and using the Services you agree that you will abide by any and all federal, state, and local health regulations pertaining to the medical profession. Failure to abide by this health and safety provision may result in the immediate termination of your ability to use the Services. Further, kolligate reserves the right to report any adverse activities to the appropriate authorities.The Job Poster specifically acknowledges that he/she/it understands this provision and will indemnify and hold kolligate harmless from any and all claims associated with the Job Posters failure to abide by the Terms related to the health and safety of co-workers, patients and/or any individual that may come into contact the with an infected individual. The Job Poster also agrees to indemnify and hold kolligate harmless for any and all claims related to exposure to COVID-19 or any other infectious disease while using the Services.

kolligate claims a copyright in all proprietary and copyrightable text, graphics and computer code on the Platform, including, but not limited, the location and arrangement of the kolligate created materials on the Platform. kolligate also claims a copyright in all proprietary and copyrightable text, graphics and computer code associated with the Services. This claim includes and extends to all information contained in the public domain of the Portal, logos, servicemarks, trademarks, trade names, and trade dress (whether registered or unregistered) that appear on the Platform are proprietary to kolligate and its owners.

You agree to comply with applicable data protection and data privacy laws in accordance with this ToS. To the extent that any of the work, the delivery of any products, or the performance of any Services by kolligate involves the exchange of Personal Data, as defined by the European Union’s General Data Protection Regulation (Regulation 2016/679) (hereinafter “GDPR”), or the California Consumer Privacy Act of 2018 ("CCPA") you agree to notify kolligate prior to the transfer of any such Personal Data. You acknowledge and consent to the transfer and processing of any Personal Data by kolligate within the United States.

The Platform provides the ability for Users to post jobs and obtain part-time or temporary employment. Any information exchanged through the Services could be construed as Sensitive Data, including the information provided to create an account by either a Job Seeker or Job Poster. If you decide to exchange your information on this Platform with a third-party, kolligate has no control over how those third-parties may use that information. You are solely responsible for the exchange of your personal information, PHI, Sensitive Data or data protected by intellectual property laws.

To the extent that you provide Sensitive Data, copyrighted, or data otherwise protected by intellectual property laws on behalf of another person to kolligate, Users acknowledge that the terms of this ToS will apply to the transfer of any such data. The User has an affirmative obligation to secure the Sensitive Data or proprietary data that he/she provides, exchanges, or uploads to the Services.

Users are responsible for safeguarding the password that they use to access the Service and for any activities or actions under his/her username and password. Therefore, you must not share or disclose your password with anyone. kolligate recommends that you should use a “strong” password for each account that is unique to You or to access any account and one that is not used on any other service or account, e.g., a password that is not a dictionary term or other word, and combines numbers, upper case letters, lower case letters, and non-alphanumeric characters. The User acknowledges that passwords may be compromised no matter how strong the password. kolligate is not liable to you for any loss or damage arising from any third-party accessing or using your account without your permission, regardless of how the third-party accesses your account.

Please take precautions to protect your username and password, and contact us at support@kolligate.com if you believe your account has been accessed by an unauthorized person or compromised in any fashion.

We respect other people's rights and expect Users to do the same. You will not post content or take any action on the Platform that infringes or violates someone else's rights or otherwise violates the law. We can remove any content or information on the Platform if we believe, based solely on our judgment and within our sole and exclusive discretion, that it violates this Statement, our policies or the spirit of the kolligate community.

If we remove your content for any reason, and you believe we removed it by mistake, you have the ability to appeal that decision by sending an email to support@kolligate.com which explains why you believe that kolligate should permit the content. It is within the sole and exclusive judgment of kolligate whether the content is ultimately determined to be re-uploaded. If you repeatedly infringe other people's legal rights, we reserve the right to disable your account.

Our rights: We reserve the right at all times (but will not have an obligation) to remove or refuse to collect or distribute any Content on the Services, to suspend or terminate Users, and to reclaim usernames and change passwords without liability to the Users. We also reserve the right to access, read, preserve, and disclose any data, information or other Content as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms and the applicable user Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of kolligate, its users, and the public.

Entire Agreement: These Terms, together with the Privacy Policy, and the User Agreement (if applicable) which is incorporated herein by this reference as if set forth herein in its entirety, constitute the entire, complete and exclusive agreement between User and us regarding the Services, and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms the Privacy Policy, and the User Agreement.

Amendments to these Terms: We reserve the right to modify, supplement, or replace these Terms, effective upon no less than thirty (30) days prior written notice. Upon opening the Services for the first time after any changes to these Terms are made, you will be prompted to review the Terms within the Services. Your continued use of the Services after any such update or modification shall confirm your agreement to the modified version of the Terms. If you do not want to agree to changes to the Terms, you may terminate your account with us, or otherwise terminate your use of the Services, prior to the modified Terms taking effect, in which case the prior set of Terms in effect as of the date of termination shall continue to control any disputes or other issues that may arise regarding your use of the Services. Only modifications, supplements or replacements of these Terms as stated in this provision shall be valid and effective to amend the Terms. Any other purported amendments shall be void and of no force or effect.

No Informal Waivers, Agreements or Representations: Any failure by any party to act with respect to a breach of these Terms by the User or others does not waive any right to act with respect to that breach or any subsequent breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers or other acts or omissions by any party, kolligate or its Affiliates shall be deemed legally binding on the other party or its Affiliates, unless expressly and specifically documented in a writing that refers to the Terms and states expressly the intent to modify or supplement the Terms, and that an authorized officer of kolligate has executed physically or electronically.

These Terms and any action related thereto will be subject to the laws of the Washington state, and the Federal Laws of the United States, without giving effect to choice of law principles thereunder. Any dispute or controversy between the Parties, whether arising out of or relating to this Agreement, including its arbitrability, or the breach of this Agreement, shall be settled by arbitration in Washington state in accordance with the applicable commercial arbitration rules of the American Arbitration Association then in effect. Judgment may be entered on the arbitrator’s award in any court having jurisdiction. To the extent not contrary to law, the arbitration’s expenses shall be equally split between the Parties. To the extent allowed by law, the arbitrator shall have the authority to award any remedy, relief, or damages that a court of competent jurisdiction could order or grant, including without limitation the issuance of an injunction. However, either Party may, without inconsistency with this arbitration provision, apply to any court having jurisdiction over such dispute or controversy and seek interim provisional, injunctive, or other equitable relief until the arbitration award is rendered or the controversy is otherwise resolved. In the event of such application, the Parties hereby irrevocably submit to the exclusive jurisdiction of the state and federal courts serving Washington state. Except as necessary in court proceedings to enforce this arbitration provision or an award rendered hereunder, or to obtain interim relief, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of the Parties.

To accommodate parties and witnesses that may be distant from each other, each hearing shall be conducted, and all testimony shall be entered by audio conference or video conference. The award of the arbitrator shall be final and binding on the parties and may be entered and enforced in any court or other tribunal of competent jurisdiction.

Proceedings will be conducted on an individual basis. Neither the User nor kolligate may seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another proceeding without the prior written consent of all parties to the arbitration or proceeding. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and will be administered by the AAA pursuant to its Supplementary Rules for Class Arbitrations, with the remaining parts proceeding in individual arbitration.

If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be illegal, void, or unenforceable, the provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the parties with respect to the provisions within the context of the overall Terms. If a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected.

If you have any questions regarding this Terms of Service please contact us at the information provided below. We will keep a copy of your message until we have had an opportunity to address your concern. We may archive your message for a certain period of time or discard it, but its email address will not be used for any other purpose.