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WorkforceQA Terms and Conditions - Workforce QA
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These Terms and Conditions of Use (“Terms of Use”) govern the use of our online interfaces and properties (e.g., websites) owned and controlled by WorkforceQA (“WFQA,” “we,” “us,” or “our”) including the website located at www.wfqa.com (referred to as the “Site”), as well as the care coordination services (“Services”) available to users through the Site. These Terms of Service constitute a legally binding contract between you (the driver, clinic, or subscriber company) (“You” or “User”) and WorkforceQA, located at 2200 S. Main Street, Suite 475, Salt Lake City, UT 84115.

1.    Privacy Practices

By using the Services and the Site, you agree that any information provided by you shall be governed by the WorkforceQA Privacy Policy, which is hereby incorporated and made a part of these Terms of Use. Furthermore, any information provided by you in connection with the Services shall also be governed by the WFQA Privacy Policy.

2.   Services Provided

We provide an online platform for individuals to coordinate access to our services. The site processes information provided by the User and generates reports based on information generated from services. You are solely responsible for the accuracy, completeness, and use of the information. Please note that the site is not an expert system, does not generate medical opinions, does not provide medical advice, does not diagnose or treat diseases, is not used to prevent disease, and is not used in connection with the request for or delivery of health care. Furthermore, neither the site nor these Terms of Service (“TOS” or “Agreement”) create a doctor-patient relationship.

3.   Intellectual Property Rights

  1. WorkforceQA retains all intellectual property rights in the Software, including copyrights, trade secrets, trademarks, patents, and “know-how.” User is granted a limited license to access the Software via the Site, enter data, and generate reports. User shall not download the Software, create derivative works, permit third-party access to the Software, reverse engineer, or decompile the Software.
  2. User shall not take any action to interfere with the operation of the Software or the Site. User shall not upload other technology or use any automated software (crawlers, robots, bots, spiders, extractors, etc.) at the Site. User shall not disable, hack, or seek to circumvent security-related features or digital rights management functions at the Site.
  3. Report formats are proprietary to WorkforceQA. User shall not publish or publicly distribute copies of such reports and shall not make commercial use of the reports.

4.   User Account Data

  1. To use the Software, User must create an account. User represents and warrants that: (i) its authorized representatives will be the only persons uploading data and engaging in transactions through that account; (ii) it shall keep passwords secure and shall notify WorkforceQA of any suspected breach of security or unauthorized use of its account; (iii) it has the right to transact business in the US and to enter into this Agreement for the use of the Software; (iv) it has the right to upload personally identifiable data to the WorkforceQA database (“Data”), and storage of the Data by WorkforceQA or its third-party providers will not violate any state or federal law or violate the rights of any third party; (v) the person signing this Agreement has the actual authority to bind the User to its terms and conditions; (vi) it shall not assign or transfer the account to a third party; and (vii) it shall not enable third-party access to its account or the Software.
  2. User is responsible for retaining electronic or physical copies of its Data on a regular basis to ensure that it always has access to its own Data. While WorkforceQA has designed the Site to provide uptime of over 98%, WorkforceQA relies upon third parties for power, data storage, server access, software maintenance, system troubleshooting, system security, and other technology services.

5.   WorkforceQA Use of Data; HIPAA Release

  1. WorkforceQA may utilize account information, Data, and information collected from User’s use of the Software for all purposes permitted by this Agreement and applicable law. For example, WorkforceQA may use Data to:
    • (a) investigate and verify proper conduct at the Site and monitor the security and integrity of the Site;
    • (b) respond to requests from government agencies, such as the U.S. Department of Transportation, or to respond to service of legal process, such as a court order, summons, subpoena, and similar requests;
    • (c) improve the Software;
    • (d) communicate with third parties, including clinics, employers, potential employers, and the delivery of certain Data and reports to such third parties;
    • (e) conduct research;
    • (f) communicate with Users;
    • (g) provide services to third parties; and
    • (h) collaborate with third parties in connection with these activities.
  2. WorkforceQA is not a “health care provider,” “health plan,” “public health authority,” “employer,” “life insurer,” “school or university,” “health care clearinghouse,” “health insurance issuer,” “health maintenance organization,” “Medicare program,” “Medicaid program,” provider of a “Medicare supplemental policy,” provider of a “long-term care policy,” provider of “employee welfare benefit plans,” provider of “veterans health care program,” provider of “The Indian health service program under the Indian Health Care Improvement Act,” or provider of “The Federal Employees Health Benefit Plan under chapter 89 of title 5.” Consequently, WorkforceQA does not receive “health information” as defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) (currently 42 U.S.C. 1395 et seq. as amended and regulations thereunder). However, if any portion of the relationship between WorkforceQA and Users, including drivers, clinics, other health care providers, employers, prospective employers, and WorkforceQA clients, is governed by HIPAA, Users holding privacy rights with respect to “health information” and/or “individually identifiable health information” hereby authorize the disclosure of such Data to WorkforceQA for the purposes set forth in this Agreement. Users further release and agree not to sue WorkforceQA for its use of any such Data. This permission to disclose and release applies to third parties, including clinics, health care providers, employers, prospective employers, government agencies, and third-party clients of WorkforceQA.

6.   Access; Uptime, Security; Release of Liability.

WorkforceQA agrees to take reasonable measures to support the operation of the Software and the Site and to provide security for the Data. The Site may occasionally experience downtime (rendering the Data inaccessible) due to testing, upgrades, and maintenance. WorkforceQA does not guarantee uninterrupted access to the Software or 100% security of the Data. User hereby releases and agrees not to sue WorkforceQA for any loss of Data, inability to access Data, or any other damages or claims arising from or relating to the Site and the Software.

To access the Site and the Services, you must be at least 18 years old. By creating your WorkforceQA Account (“Account”), you agree to provide accurate and truthful information, including your name, mailing address, phone number, email address, and password. These credentials will serve as your WorkforceQA ID, and you are solely responsible for maintaining the confidentiality of your WorkforceQA ID and password. You are also responsible for all activities that occur under your WorkforceQA ID. It is your obligation to prevent others from using your WorkforceQA ID and password, and you must promptly inform WorkforceQA if you suspect or discover any unauthorized use of your credentials or other security concerns. WorkforceQA reserves the right to revoke your access to the Site at any time, with or without cause.

You are strictly prohibited from violating or attempting to violate the security of the Site. This includes, but is not limited to, the following actions: (a) accessing data or logging into a server or account without proper authorization; (b) probing, scanning, or testing the vulnerability of a system or network without authorization; or (c) accessing or using the Site or any part thereof without authorization, in violation of these Terms of Use or applicable law.

You are not permitted to use any scraper, crawler, spider, robot, or other automated means to access or copy data from the Site, bypass our robot exclusion headers, deep-link to any feature or content on the Site, or circumvent any measures we have implemented to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. WorkforceQA will investigate any suspected violations and may cooperate with law enforcement authorities in prosecuting users involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper functioning of the Site or any activities conducted on the Site.

7.   Electronic Communications

When you use the Site or Services and send e-mails, messages, or other communications from your desktop or mobile device, you are engaging in electronic communication with us. Please note that WorkforceQA does not provide health care services, and therefore, any electronic communications should not be considered for medical purposes or as a substitute for medical or mental health care. By using the Site or Services, you consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically, and (b) any notices, disclosures, and other communications we provide to you electronically fulfill any legal requirement for written communication. WorkforceQA may contact you by telephone, mail, or email to verify your Account information. Additionally, we may request further information from you, and you agree to provide the requested information to ensure the integrity of your Account.

8.   Consent to Receive Calls

By providing your phone number, you agree to be contacted by WorkforceQA and Vault Medical Services, or on their behalf, at the provided number. This includes receiving calls and text messages for informational, Services-related (e.g., progress tracking, appointment reminders, etc.), and marketing communications related to the Site and Services

9.   Ownership of Site and Related Materials

All pages within the Site and any downloadable materials are the property of WorkforceQA, its licensors, or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. Subject to these Terms of Use and the payment of all applicable fees, WorkforceQA grants you a revocable, nontransferable (except as provided below), personal, nonexclusive license to use the object code version of the Site. All rights not expressly granted to you in these Terms of Use are reserved and retained by WorkforceQA, its licensors, suppliers, publishers, rights holders, or other content providers. Without the express written consent of WorkforceQA, the Site, or any part thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information of WorkforceQA without express written consent. Furthermore, you may not use any meta tags or “hidden text” utilizing WorkforceQA’s name or trademarks without our express written consent. Misuse of the Site or Services is prohibited. Your use of the Site and Services must comply with applicable law. The content of the Site, including files, documents, text, photographs, images, audio, video, and any materials accessed or downloaded from the Site, may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, unless authorized or approved in writing by WorkforceQA. You may not frame or use framing techniques to enclose or deep-link to any WorkforceQA name, trademarks, service marks, logos, content, or other proprietary information without our express written consent.

10.   Limitations of Liability for Damages

Regardless of the form of action or theory of recovery, under no circumstances shall WorkforceQA be liable to User in connection with this Agreement for any indirect, special, exemplary, consequential, incidental, or punitive damages, even if WorkforceQA is aware of the possibility of such damages. This includes, but is not limited to, damages such as lost profits, lost revenue, lost business expectancy, business interruption losses, or loss of data. WorkforceQA’s total liability for direct damages shall not exceed the transaction fees paid by User for the preceding thirty (30) days.

11.   Disclaimer of Warranties

WorkforceQA does not warrant that access to or use of the Site will be uninterrupted or error-free, or that defects in the Site will be corrected. The Site, including any content or information contained within it or any site-related service, is provided on an “as is” basis, with all faults, without representations or warranties of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and title/non-infringement. WorkforceQA does not warrant the accuracy, completeness, or timeliness of the information obtained through the Site.

You assume total responsibility and risk for your use of this Site, site-related services, and linked websites. WorkforceQA does not warrant that files available for download will be free of viruses, worms, trojan horses, or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data backup and security.

Warranties relating to services offered and sold by WorkforceQA are subject to separate warranty terms and conditions, if any, provided by WorkforceQA or third parties with or in connection with the applicable services. WorkforceQA does not guarantee that through the use of our services any prescriptions will be written for you. Vault Medical Services providers, upon completion of in-person medical or mental health examinations, shall use their own independent professional discretion and judgment to prescribe DEA controlled or scheduled medications, or certain other drugs that may be harmful due to their potential for abuse. You acknowledge and understand that the use or misuse of prescriptions obtained as a result of in-person examinations by Vault Medical Services providers may result in undesirable or unexpected consequences. WorkforceQA does not accept any liability for the consequences arising from access to healthcare made available through the services, including any injury or damage to any person or property as a matter of negligence or otherwise, including your failure to comply with any warning labels attached to prescriptions duly ordered by Vault Medical Services providers.

12.   Effective Date

This Agreement is effective upon the date of last signature. User signifies acceptance of this Agreement by clicking “I agree” at the bottom of this Agreement.

13.   Termination of Services

Termination of Agreement. In the event of a material breach, response to legal process, concern for the integrity of the Site, reasonable suspicion of improper conduct at the Site, or other good faith belief, WorkforceQA may suspend or terminate an account, remove or limit access to Data, or restrict services available to an account holder. WorkforceQA will make reasonable efforts to provide prior notice to an account holder. Upon termination, User is responsible for ensuring it has possession of its Data and all reports generated through the use of the Software and for paying any fees and expenses owed as of the termination date. Upon termination of this Agreement, WorkforceQA may block access to or delete uploaded Data. All provisions of this Agreement regarding intellectual property ownership, disclaimer of warranties, and limitations of liability shall survive any termination of this Agreement.

14.   Dispute Resolution

The parties shall make reasonable efforts to resolve any disputes through good-faith business negotiations. Any disputes or claims arising out of or relating to this Agreement (including its breach) shall be resolved through arbitration conducted by a single arbitrator in Salt Lake City, Utah, in accordance with the prevailing commercial rules of the American Arbitration Association. The costs of arbitration and the reasonable attorneys’ fees of the prevailing party shall be included in any award rendered by the arbitrator. Judgment upon the award may be entered in any court with jurisdiction. Neither party shall disclose the existence, data, or result of any arbitration proceeding without the prior written consent of the other party. Any other legal action brought by either party related to this Agreement shall be initiated and maintained solely in Salt Lake County, Utah. The parties expressly submit to the exclusive personal jurisdiction and venue of these courts and waive any objection on grounds of forum non conveniens.

15.   No Implied Waver

No waiver by WorkforceQA shall be implied. Any waiver of any term of this Agreement must be in writing and signed by an officer of WorkforceQA.

16.   Severability

If any portion of this Agreement is found to be unenforceable, such portion will be modified to reflect the parties’ intent as set forth in that portion, and only to the extent necessary to make it enforceable. The remaining provisions of this Agreement will remain in full force and effect.

17.     Force Majeure

It shall not constitute a material breach of this Agreement, and neither party shall be liable to the other, if prevented from performing its duties or responsibilities under this Agreement due to any fire or other casualty, acts of God, earthquake, floods, explosions, interrupted power supply, attacks on technology infrastructure, sabotage, war, riots, acts of terrorism, inability to procure or a general shortage of labor, equipment, facilities, materials, or supplies in the open market, strikes, court orders, laws, regulations, or orders of government or military authorities, or any other cause beyond the control of the affected party.