Last Modified: October 27, 2023
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND
OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, EXCEPT IN CERTAIN LIMITED CIRCUMSTANCES.
WE DO NOT EMPLOY, RECOMMEND, ENDORSE, TRAIN, VALIDATE (EXCEPT AS MAY BE SPECIFICALLY PROVIDED HEREIN), OR GUARANTEE ANY PROVIDERS OR FACILITIES (COLLECTIVELY, “USERS” AND EACH, A “USER”). LOKUM PROVIDES THE APP FOR USERS TO CONNECT WITH EACH OTHER ONLINE. EACH PROFESSIONAL USER IS SOLELY RESPONSIBLE FOR (1) DECIDING WHETHER TO INTERACT WITH AND FOR ANY INTERACTIONS WITH, ANY OTHER USER, (2) PROVIDING TRUE, ACCURATE, CURRENT AND COMPLETE REPRESENTATIONS REGARDING THEMSELVES, THEIR SKILLS, LICENSES, AND THE SUPERVISION MODELS FOR WHICH THEY QUALIFY, (3) CONDUCTING ALL NECESSARY DUE DILIGENCE BEFORE ACCEPTING A JOB OFFER, AND (4) COMPLYING WITH ALL APPLICABLE LAWS. FURTHER, EACH USER ACKNOWLEDGES AND AGREES THAT ANY AGREEMENT SUCH USER ENTERS INTO WITH ANOTHER USER IS AN AGREEMENT BETWEEN THEM AND WE HAVE NOT REVIEWED, ARE NOT PARTY TO, AND HAVE NO LIABILITY UNDER ANY SUCH AGREEMENT.
Accessing the App and Account Security
We reserve the right to withdraw or amend this App, and any service or material we provide on the App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App, or the entire App, to Users, including registered Users.
To access the App or some of the resources it offers, you may be asked to provide certain registration details or other information and set up an account. It is a condition of your use of the App that all
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to anyone. You also acknowledge that your account is personal to you and agree not to provide anyone with access to this App or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
License and Use of the App; Provider Responsibilities
Interactions with Other Users. When interacting with other Users, including Facilities, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. You are solely responsible for your interactions with other Users. We nor our affiliates nor any third party provider are responsible for the conduct, whether online or offline, of any User.
Email Newsletters, In-App Surveys, and Text Notifications.
- In-App Surveys. To enhance our services and improve the user experience, you agree to participate in in-app surveys from time to time. Your responses to these surveys are invaluable to us, and we appreciate your feedback. While participating is voluntary, your input greatly assists us in making our services better.
- Data Privacy. We are committed to safeguarding your privacy and personal information.
- Opt-Out Preferences. Your preferences regarding email newsletters, in-app surveys, and text notifications can be managed through your account settings. You can update your preferences at any time to control the frequency and types of communications you receive.
- Contact Us. If you have any questions, concerns, or requests related to our communications or the use of your data, please contact us at [email protected].
Limited Verification; Obligation to Provide Accurate Information. The only information that we will verify is that your National Practitioner Identifier (NPI) number matches your name, as found in the National Practitioner Database. It is your responsibility to provide true, complete, current and accurate information, including but not limited to with respect to your skills, experience, credentials, and supervision models for which you are qualified, as well as to verify information provided to you by Facilities.
No Guarantees. You acknowledge and agree that we do not guarantee that Facilities will hire you, or that a Job will not be cancelled by the respective Facility, and there are no remedies in any such instance.
Representations and Warranties. You represent and warrant that:
- You are duly licensed (as applicable) and have the experience, qualifications, and ability to perform each Job you accept;
- You will use your best efforts to perform the professional services for any Job that you accept in accordance with the Job specifications on the App and as may be further detailed (or even changed) by the respective Facility;
- You understand that you are not our agent or representative and you are not authorized to make any representation, contract or commitment on our behalf, and agree not do so;
- Any health-care related license (each, a “ License”) you provide on the App is valid and you will timely renew for so long as you apply to any Jobs hereunder; and
- You will promptly notify us and all Facilities that you have an active agreement with if you: (a) become barred from practicing in any jurisdiction, (b) lose any of your Licenses, (c) are facing disciplinary actions, or (d) make any material changes to your profile.
Acknowledgements. You acknowledge and agree that:
- THERE IS NO EMPLOYMENT, CONSULTING, CONTRACTOR, PARTNERSHIP, OR JOINT VENTURE RELATIONSHIP WHATSOEVER BETWEEN YOU AND US;
- we are not an employment service or agency and we have no obligation to secure employment for any Provider, and as such, you will not be entitled to any of the benefits that we provide to our employees, such as group insurance, health insurance, workers compensation insurance, general liability insurance, and automobile liability insurance;
- you are solely responsible for any insurance coverage for which you are legally required to maintain, have represented that you maintain, or that you undertake to maintain as part of any agreement with any Facility;
- you are solely responsible for all tax returns and payments required to be filed with or made to any U.S. federal, state, or local tax authority with respect to your receipt of compensation from any Facility; and
- you are solely responsible for complying with all applicable state and federal laws, including laws governing self- employed individuals, if applicable, such as laws related to payment of taxes, social security, disability, and other contributions based on compensation paid to you by any Facility.
Intellectual Property Rights
The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not copy, reproduce, distribute, modify, translate, adapt, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit our App or any of the material on our App, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the App for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site;
- Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
- Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time; or
- Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App.
You must not access or use for any commercial purposes any part of the App or any services or materials available through the App.
The Company name, the terms Lokum and Lokumapp and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this App are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out below.
- 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 the Company, a Company employee, another User, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm the Company or users of the App, or expose them to liability.
Additionally, you agree not to :
- License, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the App or any portion thereof.
- Use the App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the App, including their ability to engage in real time activities through the App.
- Use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App.
- Use any device, software, or routine that interferes with the proper working of the App.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the server on which the App, or any part thereof, is stored, or any server, computer, or database connected to the App.
- Attack the App via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the App.
The App may contain opportunities to provide personal information, profiles, your resume, and other interactive features (collectively, “Interactive Services“) that allow Users to post, submit, publish, display, or transmit to other Users (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the App.
All User Contributions must comply with the Content Standards set out below.
By providing any User Contribution on the App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other User.
You agree that submission of any ideas, suggestions, comments, and proposals to us (“ Feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit Feedback. You hereby grant to the Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner all Feedback, and to sublicense the foregoing rights, in connection with the operation, maintenance, and enhancement of our App or our services.
Monitoring and Enforcement
We have the right to :
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review material before it is posted on the App, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User
Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities, including but not limited to third-party recruiting or staffing services; sales; contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you become aware of any of the foregoing activities by other Users, please contact us immediately so that we can preserve a safe, fair, and professional environment.
Reliance on Information Posted
The information presented on or through the App is made available solely for general information purposes. Some information is posted by other Users, including Facilities. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on any information on the App is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents.
This App includes content provided by third parties, including materials provided by other Users, including Facilities. All statements and/or opinions expressed in these materials, and all communications and responses, as well as other content, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
Changes to the App
We may update the content on this App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the App may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the App
Linking to the App and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a linking such a way as to suggest any form of association, approval, or endorsement on our part.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the App
If the App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. If you decide to access any of the third-party websites linked to this App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the App is based in the State of Texas in the United States. We provide this App for use only by persons located in the United States. We make no claims that the App or any of its content is accessible or appropriate outside of the United States. Access to the App may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.App Stores
Term and Termination
Termination will not limit any of our rights or remedies at law or in equity.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APP LINKED TO IT.
YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITH ALL FAULTS AND DEFECTS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE 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, FITNESS FOR PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY APP LINKED TO IT, ANY CONTENT ON THE APP OR SUCH OTHER APP, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $500.00 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SERVICES IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE.
The limitations of liability set out above do not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The limitations of liability set forth above are fundamental elements of the basis of the bargain between you and us.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (“ Indemnified Parties”) from and against any claims, liabilities,
We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you willfully cooperate with us in asserting any available defenses.
Governing Law and Jurisdiction
Arbitration & Waiver of Class Actions
Please read the following arbitration agreement in this section (the “Arbitration Agreement”) carefully. It requires you to arbitrate disputes with us and limits the manner in which you can seek relief from us.
Any dispute or claim relating in any way to your access or use of our App, to any services distributed through our App, or to any aspect of your relationship with us (each, a “ Dispute”) will be resolved by binding arbitration, rather than in court, except for the exceptions expressly stated herein.
The following Disputes are not subject to this Arbitration Agreement: (1) Disputes that qualify for small claims court, so long as the Dispute remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of our App; and (3) claims regarding injunctive or other equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
EACH OF YOU AND US HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. We are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified above.
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement s hall continue in full force and effect.
This Arbitration Agreement will survive the termination of your relationship with us and your use of this App.
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
This App is operated by PENG Communications, Inc. d/b/a Lokum.
All feedback, comments, requests for technical support, and other communications relating to the App should be directed to : [email protected].