These Terms of Service (“Terms”) govern your access to and use of the Lulu Staffing website and mobile applications (collectively, the “Site”), as well as any services offered through the Site (collectively, the “Services”). This is a legally binding agreement between you and Lulu Staffing, a business operated by Lulu Staffing LLC (referred to as “we,” “us,” or “Lulu Staffing”).

The terms “User” and “Users” refer to all individuals and other persons who access or use the Services, including, without limitation, any business entities or other organizations that interact with our services.

Lulu Staffing connects skilled nursing facilities (“Facilities”) with third-party independent contractor professionals (“Professionals”) to fulfill open shifts.

By engaging with our services or using the Site, you agree to be bound by these Terms.

If you agree to the Terms on behalf of a business entity or other organization, you represent and warrant that you have the authority to bind that entity or organization to the Terms of Service.

By using the Site or the Services, you also acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Lulu Staffing’s Privacy Policy, which is incorporated into these Terms.

1. DEFINITIONS AND INTRODUCTION

1.1 Definitions

• Services: The staffing services provided by Lulu Staffing to connect Facilities with Professionals for open shifts.

• Facility: A skilled nursing facility that posts available shifts for Professionals.

• Professional: An independent contractor who fulfills shifts posted by Facilities.

1.2 Introduction
Lulu Staffing provides a platform that enables Facilities to submit available shifts to be filled by qualified nursing professionals. Once a Professional is assigned to a shift, the Facility will be notified.

2. REGISTRATION AND ACCOUNT MANAGEMENT

2.1 Account Creation and Eligibility
To access the Services, you must provide accurate and complete information during the registration process. You must be a Facility authorized to post shifts and meet all legal requirements for staffing in your jurisdiction.

2.2 Account Profile
Facilities are required to provide shift details and maintain accurate information in their profiles to ensure successful placement of Professionals.

2.3 Account Verification
Lulu Staffing reserves the right to verify the submitted shift information and credentials of Professionals through third-party databases or official documentation.

3. PAYMENTS AND FEES

3.1 Payments and Contract
Payment details, including rates and fees, will be outlined in a separate contract, which must be signed before accessing the Service. Lulu Staffing will notify Facilities once shifts are filled.

4. USER OBLIGATIONS AND RESPONSIBILITIES

4.1 Facility Responsibilities

• Provide accurate shift details, including qualifications and certifications required.

• Ensure the Professional meets all qualifications for the assigned shift.

• Maintain a safe working environment and comply with all applicable regulations.

4.2 Professional Responsibilities

• Maintain valid certifications and licenses.

• Follow all applicable Facility protocols and provide quality care.

5. WARRANTY DISCLAIMER

The Services are provided “as is” without warranties of any kind. Lulu Staffing disclaims liability for actions or omissions of Professionals.

6. LIMITATION OF LIABILITY AND INDEMNIFICATION

6.1 Limitation of Liability
Lulu Staffing is not liable for the actions or performance of Professionals or for any issues arising from shifts not fulfilled through our platform.

6.2 Indemnification
Users agree to indemnify Lulu Staffing from any claims arising from their use of the Services or breach of these Terms.

7. TERMINATION

Lulu Staffing reserves the right to suspend or terminate user accounts for violation of the Terms or any unlawful activities.

8. DISPUTE RESOLUTION AND GOVERNING LAW

8.1 Arbitration
Disputes arising from these Terms will be resolved through binding arbitration in California under the rules of the American Arbitration Association.

8.2 Governing Law
These Terms will be governed by the laws of the State of California.

9. PRIVACY AND DATA PROTECTION

Lulu Staffing is committed to protecting your privacy. By using our services, you agree to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy. We do not handle or store patient information, and we are not responsible for compliance with healthcare data privacy laws, including HIPAA. For more information, please refer to our Privacy Policy.

10. CHANGES AND MODIFICATIONS

We reserve the right to modify these Terms at any time. Users will be notified of material changes via email or posted on the Site.