By using the staffgarden.com web site (“Service(s)”), or any services of StaffGarden, you are agreeing to be bound by the following terms and conditions (“Terms of Service”). We reserve the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your Account. While StaffGarden prohibits such conduct and Content on the Service, you understand and agree that StaffGarden cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Account Terms
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
- You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- One person or legal entity may not maintain more than one trial account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Cancellation and Termination
- You are solely responsible for properly cancelling your account. You can cancel your account at any time by contacting StaffGarden at 800.671.3606
- All of your Content will be unavailable upon cancellation. This information can generally not be recovered once your account is cancelled.
- StaffGarden, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other StaffGarden service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. StaffGarden reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- StaffGarden reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- StaffGarden shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile and and data created by you remain yours.
- StaffGarden does not pre-screen Content, but StaffGarden and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- The look and feel of the Service is Copyright © 2015 StaffGarden. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from StaffGarden.
Generative Artificial Intelligence
1. You agree that the Service shall not be used, directly or indirectly, to train, develop, enhance, inform or improve any artificial intelligence (“AI”) tools, systems, models, or algorithms. This prohibition applies irrespective of whether the AI tools, systems, models, or algorithms are developed for commercial or non-commercial purposes, and regardless of the specific AI application or domain. You shall take all precautions to ensure that the Service is utilized, directly and indirectly, only in a manner that conforms to the foregoing sentence. StaffGarden reserves the right to monitor your use of the Service and take appropriate legal action, including immediately suspending and/or indefinitely terminating your access to the Service without refund due to a violation of this AI prohibition provision. If any provision of this AI prohibition is deemed to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
2. StaffGarden’s Services may contain generative AI features, applications, and tools intended to generate content within the Services (“StaffGarden Generative AI Services”). The use of such StaffGarden Generative AI Services may require that you provide input into the StaffGarden Generative AI Services (“Input”) and receive output from the StaffGarden Generative AI Services based on the Input (“Output”). When you use StaffGarden Generative AI Services, you understand and agree: (i) Output may not always be accurate; you should not rely on Output from StaffGarden Generative AI Services as a sole source of truth or factual information, or as a substitute for professional advice, (ii) you must evaluate Output for accuracy and appropriateness for your use case, including using human review and verification as appropriate, before using or sharing Output from the StaffGarden Generative AI Services, and (iii) you must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making, educational, employment, legal, medical, financial, or other important decisions about them.
General Conditions
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. You acknowledge that the Service is intended solely for training purposes and that you should NOT rely on the Service as the sole or primary determinant for making employment decisions, as a reference for administering medications or patient care, or as a substitute for professional medical judgment. Furthermore, you represent and warrant that you will not transmit or otherwise disclose or make available to StaffGarden any patient data or protected health information. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR MONITORING AND VERIFYING YOUR INPUT TO THE STAFFGARDEN SYSTEM, AND FOR DETERMINING THE ACCURACY, COMPLETENESS OR APPROPRIATENESS OF ANY EMPLOYMENT, FINANCIAL, CLINICAL OR MEDICAL INFORMATION OR OTHER OUTPUT PROVIDED BY THE STAFFGARDEN SYSTEM. YOU UNDERSTAND THAT THE STAFFGARDEN SYSTEM DOES NOT REQUIRE THE COLLECTION OF PATIENT-IDENTIFYING INFORMATION, IS NOT INTENDED FOR THE PURPOSE OF COLLECTING OR MAINTAINING PATIENT-IDENTIFYING INFORMATION AND SHALL NOT BE USED FOR COLLECTING OR MAINTAINING PATIENT-INDENTIFYING INFORMATION. YOU AGREE THAT YOU WILL NOT USE THE SYSTEM TO RECORD INFORMATION THAT IDENTIFIES PATIENTS, INCLUDING MEDICAL RECORD NUMBERS OR INSURANCE RECORD NUMBERS. StaffGarden shall be entitled to rely on the accuracy, truthfulness, and completeness of all data input into the Service, and you hereby release StaffGarden from any claims arising out of such improper reliance on the Service.
- You understand that StaffGarden uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, StaffGarden, or any other StaffGarden service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by StaffGarden.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any StaffGarden customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any malicious software, including but not limited to worms, viruses, malware, trojans or any code of a destructive nature.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by StaffGarden) of other StaffGarden customers, we reserve the right to immediately disable your account until you can reduce your bandwidth consumption.
- StaffGarden does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that StaffGarden shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if StaffGarden has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of StaffGarden to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and StaffGarden and govern your use of the Service, superseding any prior agreements between you and StaffGarden (including, but not limited to, any prior versions of the Terms of Service).
- Limitation of Liability. IN NO EVENT WILL STAFFGARDEN, ITS PARENT, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, PARTNERS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA, OR BUSINESS DISRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH JURISDICTIONS, THE LIABILITY OF STAFFGARDEN AND EACH OF THE AFORMENTIONED PERSONS AND ENTITIES SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL STAFFGARDEN AND ITS SUPPLIERS’, PARTNERS’, AND LICENSORS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE GREATER OF (X) THE TOTAL SUBSCRIPTION FEES PAID BY YOU TO STAFFGARDEN IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE FIRST CAUSE OF ACTION AROSE OR (Y) THE AMOUNT OF ONE HUNDRED ($100.00) USD. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Indemnification. By accepting these Terms of Service and using the Service, you agree that you will indemnify, defend, and hold StaffGarden, its parent, directors, officers, employees, affiliates, agents, contractors, principals, suppliers, partners, and licensors harmless in connection with any claim arising out of your breach of the terms of these Terms of Service, your use of the Service, or any action taken by StaffGarden to protect its intellectual property, including, but not limited to, suspension or termination of your access to the Service.
- These Terms of Service are governed by the internal substantive laws of the Commonwealth of Massachusetts in the United States of America, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Massachusetts in the United States of America. Any defense of lack of personal jurisdiction, improper venue, or forum non conveniens is hereby waved. If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this Terms of Service shall be deemed a further or continuing waiver of such term or any other term.
- Questions about the Terms of Service should be sent to info@staffgarden.com.
