Effective: 05/22/2019
Last updated: 05/22/2019

Terms of Service

Please carefully read these Terms of Service before using our Services. We try to make all of our policies clear and readable, but still suggest you grab a cup of coffee (and take a deep breath) before getting started. This should take around 20 minutes.

 

Kamana Inc. operates kamana.app and kamanahealth.com (collectively “Services”). We provide Services to facilitate efficient connections, communication, transfer of information, and other engagement between healthcare professionals and employers.

 

By using our Services, you are agreeing to be bound by the following terms and conditions (“Terms”, “Terms of Service”). These Terms apply to all visitors, users and others who wish to access or use Services. If you signed up before the Effective date, these Terms become effective fourteen days after the Effective date. Otherwise, these Terms are effective immediately.

  • Anywhere we say “we”, “our”, or “us”,  we are referring to Kamana Inc.
  • When we say “you” or “your”, we are assuming you use our Services.

Our Privacy Policy also governs your use of our Services and explains how we collect, safeguard and disclose information that results from your use of our Services. We take your privacy very seriously. Please read our Privacy Policy to learn more.

 

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound by them.

 

If you do not agree with (or cannot comply with) Agreements, you may not use our Services. In such case, please let us know by emailing at support@kamanahealth.com so we can try to find a solution.

 

Please know that we reserve the right to suspend and/or terminate your account if (at our sole discretion) you violate or do not abide by any of these Terms. This is the best interest and for the protection of our users. Thank you for being responsible.

 

We’re glad you’re with us.

Types of User Accounts

Kamana has two user account types:

  1. Talent User: A Talent User is a human healthcare professional, such as nurse or allied health professional, that creates an account for the purpose of making connections with healthcare employers, storing and transferring information, communicating with current/prospective employers, being hired, and/or any other purpose described on our Services (“Talent Users”).
  2. Entity User: An Entity User is a human representative of a healthcare employer, such as a staffing agency or healthcare facility, that creates an account for the purpose of making connections with healthcare talent, hiring a Talent User, storing and transferring information, communicating with current/prospective employees, and/or any other purpose described on our Services (“Entity Users”).

Talent Users are prohibited from creating an Entity User account. Entity Users are prohibited from creating a Talent User account. Failure to comply will result in termination of your account.

Account Terms

1. When you create an account with us, you must provide your full legal name, a valid email address, and any other information requested in order to complete the account signup and profile creation process. You guarantee the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Services.

 

2. 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.

 

3. A Talent User’s personally identifiable information will only be shared with express consent from that user. A Talent User often chooses to share their personal identifiable information after they have been matched with a verifiable contract that has been posted on our through Services by an Entity User (“Need”) based on personal qualifications they have made available on their Profile (“Qualifications”).

(i) Entity Users: You agree and acknowledge that all Needs posted on or through Services must be accurate, and agree to maintain the accuracy of all Needs at all times.

 

(ii) Talent Users: You agree and acknowledge that all Qualifications posted on or through Services are accurate, and agree to maintain the accuracy of all Qualifications at all times.

 

(iii) You agree that any “bait and switch” activity will result in immediate suspension and/or termination of your Account.

4. Your login may only be used by one person. Sharing logins is prohibited.

 

5. You alone are responsible for all content posted and activity that occurs under your account.

 

6. You may not post content that is is offensive, vulgar, defamatory, fraudulent, or obscene.

 

7. You may not use Service for any illegal purpose or to violate any laws (including but not limited to copyright laws).

 

8. You must be a human. Accounts registered by automated methods are not permitted.

Communications

By creating an Account on our Services, you agree to subscribe to feature change notifications, communications about your Account, marketing or promotional materials, and other information we may send. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us at support@kamanahealth.com.

Purchases

If you wish to purchase any product or service made available through Services (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your billing address.

 

You represent and warrant that:

  1. you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase
  2. the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

 

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to:

  • product or service availability
  • errors in the description or price of the product or service
  • error in your order
  • if fraud or an unauthorized or illegal transaction is suspected.
  • you violate any of of these Terms

Fees and Payment Terms

  1. Services are free for Talent Users. Unless a free trail period has been offered, Entity Users must pay a Fee to use some portions of Services.
  2. By creating an account,  you agree to the costs and payment terms listed for Services at time of sign up (“Fee”).
  3. We may request information about your company to provide pricing. You, Entity Users, agree to provide honest and accurate data when requested.
  4. If you fail to pay Fees on time and in full, your account may be frozen and inaccessible until payment is made. You may also experience a loss of features or capacity of your account. We do not accept any liability for such loss.
  5. Entity Users are prohibited from paying Fees directly out of the Talent Users pay rate. Fees paid to Kamana must be budgeted from other areas, such as technology, marketing, and advertising.
  6. When a Talent User is connected with an Entity User in the Kamana talent marketplace, Entity Users acknowledge that Fees apply for all contracts and agreements made between an Entity User and Talent User within 90 days of being introduced and/or connected through our Services, even if that contract or agreement differs from what was initially matched by us.
  7. Talent Users acknowledge that under no circumstances will Kamana be responsible for, or be involved with, financial agreements made between and Entity User and Talent User.
  8. All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. Where required, we will collect those taxes on behalf of taxing authority and remit those taxes to taxing authorities.
  9. We will issue refunds at our discretion. We will be fair and reasonable. If you feel you deserve a refund, let us know by emailing at support@kamanahealth.com so we can try to find a solution.

Fees Changes

  1. We may modify Fees at our sole discretion and at any time. Changes will become effective at the end of the then-current Billing Cycle.
  2. We will provide you with a reasonable notice prior to any change in Fees. You may terminate your account before such change becomes effective.
  3. Your continued use of Services after Fee change comes into effect constitutes your agreement to pay the modified Fee amount.

Content

Our Services allow you to post, link, store, share and otherwise make available certain information, text, graphics, documents, or other material (“Content”). You are responsible for Content that you post on or through Services, including its accuracy, legality, reliability, and appropriateness. You alone are responsible for the consequences of posting Content on or through Services, and acknowledge that we are not responsible for your Content in any way.

 

By posting Content on or through Services, You represent and warrant that:

  • Content is yours (you own it) and/or you have the right to use it.
  • The posting of your Content on or through Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

We reserve the right to terminate the account of anyone found to be infringing on a copyright.

 

You retain any and all of your rights to any Content you submit, post or display on or through Services and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Services. However, by posting Content using Services you grant us the right to use, modify, display, reproduce, and distribute such Content on and through Services as outlined in our Privacy Policy.

 

In addition, Content found on or through Services are the property of Kamana Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Prohibited Uses

You may use Services only for lawful purposes and in accordance with Terms. You agree not to use Services:

  • In any way that violates any applicable national or international law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Services, or which, as determined by us, may harm or offend Company or users of Services or expose them to liability.

Additionally, you agree not to:

  • Use Services in any manner that could disable, overburden, damage, or impair Services or interfere with any other party’s use of Services, including their ability to engage in real time activities through Services.
  • Use any robot, spider, or other automatic device, process, or means to access Services for any purpose, including monitoring or copying any of the material on Services.
  • Use any manual process to monitor or copy any of the material on Services or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of Services.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Services, the server on which Services are stored, or any server, computer, or database connected to Services.
  • Attack Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Take any action that may damage or falsify Company rating.
  • Otherwise attempt to interfere with the proper working of Services.

Analytics

Analytics

We may use third-party service providers to monitor and analyze the use of our Services.

 

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Services. For more information on the privacy practices of Google, please visit Google’s Privacy Terms.

 

We also encourage you to review Google’s policy for safeguarding your data.

No Use By Minors

Services are intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Services.

Intellectual Property

Services and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Kamana Inc. Services are protected by copyright, trademark, and other laws of the United States. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Kamana Inc.

 

You may not:

  • remove any copyright, trademark or other proprietary notices from any portion of the Services;
  • reproduce, modify, prepare derivative works based upon, distribute, sell, resell, transfer, publicly display, publicly perform, transmit, or otherwise exploit any aspect or portion of the Services except as expressly permitted by us;
  • mirror or frame any portion of the Services;
  • scrape, index, harvest, survey, or otherwise copy, mine or collect any portion of the Services, or their content or data;
  • unduly burden or hinder the operation and/or functionality of any aspect of the Services.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Services infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

 

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support@kamanahealth.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

 

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Services on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the information in writing as outlined in 17 U.S.C 512(c)(3). You can contact our Copyright Agent via email at support@kamanahealth.com

Error Reporting and Feedback

You may provide us directly at support@kamanahealth.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Services (“Feedback”). You acknowledge and agree that:

  • you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback;
  • we may have development ideas similar to the Feedback;
  • Feedback does not contain confidential information or proprietary information from you or any third party;
  • we are not under any obligation of confidentiality with respect to the Feedback.

In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant us and our affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

Links To Other Web Sites

Our Services may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

 

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Disclaimer of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

 

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Termination

We may terminate or suspend your account and bar access to Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

 

If you wish to terminate your account, you may simply discontinue using Services. Feel free to contact us at any time if you would like us to delete your personal information.

 

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of State of Delaware without regard to its conflict of law provisions.

 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services and supersede and replace any prior agreements we might have had between us regarding Services.

Changes To Services

We reserve the right to withdraw or amend our Services, and any service or material we provide via Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of Services, or the entire Services, to users, including registered users.

Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

 

Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

 

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Services.

Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

 

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

Need more information? Reach out.

You can email us directly at support@kamanahealth.com, or by filling out the form below. We look forward to answering questions you may have about our Terms of Service.
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