Terms of Use

Please read these terms carefully before using our services.

1. Contractual Relationship

SHIFTit provides a personalized multipurpose digital marketplace platform ("SHIFTit Marketplace Platform") that enables you to conveniently find healthcare workers, request healthcare workers, Staff healthcare workers, or schedule healthcare workers for shifts as needed by healthcare facilities, skilled nursing facilities, clinics and medical facilities ("Facilities") from third-party providers, such as Medical Professionals (as defined below) that meet your needs and interests. ("Medical Professionals") means professionals that provide ancillary services at Facilities including, without limitation, nurses, therapists, technicians. Collectively are referred to as Medical Professionals. As part of the Service, SHIFTit allows independent Medical Professionals to register and make themselves available to Facilities to address their short term staffing needs. SHIFTit requires all Medical Professionals to upload their medical licenses on SHIFTit Marketplace Platform so each Facility using the platform must decide whether a Medical Professional is suited to its needs. The professional services provided by a Medical Professional ("Medical Services") are provided solely by the Medical Professionals, and SHIFTit itself does not provide or warrant Medical Services. These Terms of Use ("Terms") govern your access or use, from within the United States and its territories and possessions, of the SHIFTit Marketplace Platform and any related content or services (collectively, the "Services," as more fully defined below in Section 3) made available in the United States and its territories and possessions by SHIFTit, Corp and its subsidiaries, representatives, affiliates, officers and directors (collectively, "SHIFTit"). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SHIFTit. In these Terms, the words "including" and "include" mean "including, but not limited to."

2. Arbitration Agreement

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against SHIFTit on an individual basis in arbitration as set forth in this Arbitration Agreement, and not as a class, collective, coordinated, consolidated, mass and/or representative action. This Arbitration Agreement will preclude you from bringing any class, collective, coordinated, consolidated, mass and/or representative action against SHIFTit, and also preclude you from participating in or recovering relief in any current or future class, collective, coordinated, consolidated, mass and/or representative action brought against SHIFTit by someone else—except as provided below in Section 2(a)(3)(c). Thus, the parties agree that the Arbitrator shall not conduct any form of class, collective, coordinated, consolidated, mass and/or representative arbitration, nor join, coordinate, or consolidate claims of multiple individuals against SHIFTit in a single proceeding—except as provided below in Section 2(a)(3)(c). For the avoidance of doubt, except as provided below in Section 2(a)(3)(c), this Arbitration Agreement precludes you from bringing or participating in any kind of class, collective, coordinated, consolidated, mass and/or representative or other kind of group, multi-plaintiff or joint action against SHIFTit, other than participating in a classwide, collective, coordinated, consolidated, mass and/or representative settlement of claims.

3. The Marketplace Platform & Services

SHIFTit operates a personalized multipurpose digital marketplace platform that is accessed in a number of forms, including mobile and/or web-based applications ("Applications"). Among other things, SHIFTit Marketplace Platform enables you to discover and receive: (i) services rendered by SHIFTit that facilitate your requests to independent third-party providers, including Healthcare Facilities and Medical Professionals ("Third-Party Providers"), for the purchase of services, such as finding healthcare workers, requesting healthcare workers, Staffing healthcare workers, scheduling healthcare workers for shifts and allowing independent Medical Professionals to register and make themselves available to Facilities to be scheduled for their staffing needs from those Third-Party Providers; (ii) related personalized content, including features, recommendations and advertisements for products or services tailored to your needs and interests; and (iii) any supporting services, including payment processing and customer support. SHIFTit Marketplace Platform, personalized content and supporting services described in this Section are collectively referred to as "the Services." Unless otherwise agreed by SHIFTit in a separate written agreement with you, the Services are made available solely for your personal use.

4. Access and Use of the Services

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Provider License otherwise. You cannot register for or maintain an Account if you have previously been banned from accessing or using the Services. Account registration requires you to submit to SHIFTit certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by SHIFTit. For more information regarding SHIFTit use of your personal information, please see our Privacy Notice. You agree to maintain accurate, complete, and up-to-date information in your Account, including a valid phone number, address and payment method. Your failure to comply with these Terms (including policies and supplemental terms) including, without limitation, your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by SHIFTit in writing, you may only possess one Account.

5. Payment

You understand that use of the Services may result in charges to you for the services provided or services you receive from SHIFTit and/or from Third-Party Providers ("Charges"). SHIFTit will enable your payment of the applicable Charges for services provided or services received through your use of the Services. Charges will include applicable taxes where required by law. Charges may include other applicable fees such as Platform fees, service fees, incomplete services return fees, cancellation fees, government-mandated fees (if applicable), estimated or actual over time hours provided, and/or surcharges. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand or due to other marketplace factors such as COVID hazard pay.

6. Disclaimers; Limitation of Liability; Indemnity

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." SHIFTit DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SHIFTit MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY OF SERVICE, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES PROVIED OR RECEIVED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

7. Other Provisions

These Terms shall be governed by and construed in accordance with the laws of the state in which your dispute arises, without regard to the choice or conflict of law principles of any jurisdiction, except as may be otherwise provided in the Arbitration Agreement in Section 2 above or in supplemental terms applicable to your region. This Choice of Law provision applies only to the interpretation of these Terms, and these provisions shall not be interpreted as generally extending any state's law to you if your dispute did not arise in that state. Any dispute, claim or controversy arising out of or relating to these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, shall be brought exclusively in the state and federal courts of the state of California, claim or controversy arose, notwithstanding that other courts may have jurisdiction over the parties and subject matter, except as may be otherwise provided by the Arbitration Agreement above or in supplemental terms applicable to your region. Claims of copyright infringement should be sent to SHIFTit designated agent. Please view this PDF document for the designated address and additional information. You may not assign these Terms without SHIFTit prior written approval. SHIFTit may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of SHIFTit equity, business or assets; or (iii) a successor by merger. Any purported assignment by you in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, SHIFTit or any Third-Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. SHIFTit failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SHIFTit in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.