Last Updated: September 4, 2025

1. Acceptance of Terms

Welcome to www.orificehealth.com (the ‘Site’), operated by Orifice Health Services LLC (‘Company,’ ‘we,’ ‘us,’ or ‘our’). These Terms and Conditions (‘Terms’) govern your access to and use of our Site and the related healthcare staffing and recruitment services (the ‘Services’).

By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site or our Services.

2. Definitions

• ‘Facility’ means a hospital, clinic, nursing home, or other healthcare organization using the Site to seek and engage healthcare staff.
• ‘Professional’ means a nurse, doctor, therapist, aide, technician, or other licensed or certified healthcare worker using the Site to seek employment opportunities.
•  ‘User’ refers to both Facilities and Professionals.
• ‘Content’ includes all information, text, graphics, photos, logos, and data uploaded or transmitted through the Site by Users or by us.

3. Services Description

Our Site acts as a platform to connect Facilities with qualified Healthcare Professionals for temporary, temp-to-perm, and permanent placement opportunities. We facilitate the search, application, and initial screening process. The ultimate hiring decision and terms of any employment or contract are solely between the Facility and the Professional.

4. User Accounts and Registration

4.1 Eligibility: To use our Services, you must be at least 18 years of age and able to enter into a legally binding contract.

4.2 Account Creation: To access certain features, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

4.3 Account Security: You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4.4 Express Consent: By creating an account and using our Services, you expressly acknowledge and consent to the following:
   • The collection, use, and disclosure of your personal and professional information as described in our Privacy Policy.
   • That we and potential employers (Facilities) may conduct verification checks on the credentials, licenses, work history, and criminal background you provide, as permitted by law.
   • That we and our partner Facilities may communicate with you via email, SMS text messages, automated telephone calls, or push notifications regarding your account, job opportunities, and administrative purposes.
   • You understand that your consent to these communications is not a condition of using our Services, and you may opt-out at any time by updating your notification preferences in your account settings or by using the unsubscribe link provided in our communications.

5. User Obligations and Conduct

Lawful Use: You agree to use the Site and Services only for lawful purposes and in accordance with these Terms.

Prohibited Activities: You agree not to:
   • Post false, inaccurate, or misleading information.
   • Impersonate any person or entity.
   • Post any content that is defamatory, obscene, harassing, or violates any third party’s rights.
   • Upload viruses or malicious code.
   • Use the Site to recruit, solicit, or contact Professionals or Facilities for any purpose not directly related to bona fide staffing opportunities offered through the Site.
   • Reverse engineer, scrape, or data mine any part of the Site.

6. For Healthcare Professionals

Job Applications: By applying to a posting, you authorize us to share your profile, resume, and credentials with the applicable Facility.

No Guarantee: We do not guarantee job placement, a specific number of assignments, or any minimum amount of work.

Background Checks: You authorize us and/or the Facility to conduct background checks, credential verification, and reference checks as permitted by law.

7. For Healthcare Facilities

Job Postings: You are solely responsible for the content and accuracy of your job postings, including a description of the role, required qualifications, and compensation details.

Compliance: You represent that you are a legitimate healthcare entity and are responsible for complying with all applicable employment laws, including verifying a Professional’s right to work, providing a safe workplace, and fulfilling all employer obligations (e.g., tax withholding, workers’ compensation insurance) for any Professional you hire directly. If the Professional is our employee (e.g., on a W2 contract), our separate service agreement will govern those obligations.

Hiring Decisions: You are solely responsible for interviewing, selecting, and hiring Professionals. We make no warranties regarding a Professional’s suitability, skills, or background.

8. Intellectual Property

The Site and its original content, features, and functionality are owned by Orifice Health Services LLC and are protected by international copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, or create derivative works without our express written permission.

9. Disclaimer of Warranties

The site and services are provided on an ‘as is’ and ‘as available’ basis without any warranties of any kind. We expressly disclaim all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the site will be uninterrupted, secure, or error-free.

10. Limitation of Liability

To the fullest extent permitted by law, Orifice Health Services LLC and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, resulting from your access to or use of or inability to use the site or services.

11. Indemnification

You agree to defend, indemnify, and hold harmless Orifice Health Services LLC and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to your violation of these Terms, your use of the Site, or your violation of any laws or third-party rights.

12. Marketing and Promotional Communications

We would like to send you information about products, services, job opportunities, and promotions of ours and our partner Facilities that we think you may like.

Separate Consent for Marketing: By checking the following box(es) during registration or in your account preferences, you expressly consent to:
   • Email Marketing: Receive marketing and promotional emails from Orifice Health Services LLC.
   • SMS/Text Alerts: Receive marketing and promotional text messages regarding new job postings or opportunities. Message and data rates may apply.
   • Third-Partner Marketing: Receive marketing from carefully selected third-party partners that we believe are relevant to healthcare professionals/facilities.

You can withdraw your consent for these marketing communications at any time by:
   • Updating your communication preferences in your account settings.
   • Clicking the ‘unsubscribe’ link in any marketing email we send you.
   • Replying ‘STOP’ to any marketing SMS message we send you.

Your decision to opt-out of marketing communications will not affect your ability to use the core Services of the Site or receive administrative messages related to your account.

13. Privacy

Your privacy is critically important to us. Our Privacy Policy explains in detail how we collect, use, disclose, and protect your personal information. It also outlines your rights regarding your data and how you can exercise those rights. By using our Site, you consent to the data practices described in our Privacy Policy.

14. Termination

We may suspend or terminate your account and access to the Site immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Site will cease immediately.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any dispute arising from these Terms shall be resolved through final and binding arbitration in Dallas, Texas, rather than in court.

16. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of material changes by posting the new Terms on the Site with an updated ‘Last Updated’ date. Your continued use of the Site after any changes constitutes acceptance of the new Terms.