Terms

Terms of Service

Effective May 8, 2026 · Last updated May 8, 2026

These terms govern your use of diemheroes.com and the Diem Heroes marketplace. By using the site, you agree to them. Plain language wherever possible — questions to support@diemheroes.com.

Important: these Terms include a binding individual arbitration clause and a class-action waiver (Section Arbitration). You may opt out within 30 days of first acceptance.

What we are

Diem Heroes is a marketplace and search layer connecting per-diem nurses with healthcare providers. We are not a staffing agency, a placement firm, an employer of record, a professional employer organization (PEO), or a labor contractor. We do not employ clinicians, do not pay them, do not control how or where they work, and do not vouch for their clinical judgment or credentials. Hiring relationships, including any verification of credentials beyond what we surface from public records, are solely between the clinician and the hiring organization.

Eligibility

You must be at least 18 years old and able to enter into a binding agreement to use Diem Heroes. If you're using the site on behalf of an organization, you represent that you have authority to do so on the organization's behalf.

Your account and submissions

Information you give us must be accurate, complete, and current. You're responsible for the accuracy of anything you submit (including your credentials, organization affiliation, and the role you're trying to fill). You will not impersonate anyone or misrepresent your relationship to an organization.

The roster

Diem Heroes populates its directory from public records and from voluntary sign-ups. The presence of a clinician's record on the site does not constitute an endorsement, a verification of fit for a particular role, or a consumer report under the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.). Diem Heroes is not a consumer reporting agency, does not assemble or evaluate consumer information for the purpose of furnishing consumer reports, and disclaims any role as a CRA, end user, or furnisher under FCRA. Hiring organizations remain solely responsible for: (a) verifying licenses and credentials with the issuing authority, (b) running their own background checks where required, (c) confirming exclusion-list status, (d) confirming compliance with their own internal hiring requirements, and (e) satisfying any state, federal, or facility-specific obligations.

No employment relationship; you control your work

Diem Heroes is a marketplace. We are not a staffing agency, employer of record, PEO, or labor contractor. Specifically:

Nurses using Diem Heroes:

• Set your own rates, hours, and availability.
• Choose which roles to engage with — every connection is opt-in. We do not assign shifts.
• Are not supervised by Diem Heroes in the performance of clinical work. Clinical judgment is yours.
• Are not subject to discipline, performance review, or termination by Diem Heroes.
• Are not required to complete training, onboarding, or continuing education through Diem Heroes.
• Are free to use other platforms, agencies, and direct employers without restriction.
• Are responsible for holding the correct state license for any shift you accept. Some states are part of the Nurse Licensure Compact and some are not — you confirm licensure before working.

Hiring providers using Diem Heroes:

• Negotiate engagement terms directly with the clinician.
• Are solely responsible for credentialing, supervision, payroll, tax withholding, workers' compensation, and any employer obligations under federal or state law.
• Will not use any information surfaced on the platform as a substitute for a permissible-purpose consumer report under FCRA.

Nothing in these Terms or in your use of the platform creates an employment, agency, partnership, joint-venture, or joint-employer relationship between you and Diem Heroes, or makes Diem Heroes the agent of any user.

Outreach and communication

We will contact you about the role or interest you submitted. We do not send bulk SMS and do not use autodialers. We do not sell your contact information to advertisers or data brokers. We share your contact information with hiring providers (or with nurses, depending on which side you submitted from) only when both sides have signaled interest in a specific role — never on a list. See the Privacy Policy for full details.

Acceptable use

You agree not to:

• Use the site for any illegal purpose, including discrimination prohibited by federal, state, or local law.
• Submit false credentials, false organization affiliations, or false role descriptions.
• Scrape, harvest, or crawl the site without our written permission.
• Attempt to interfere with the site's operation, including probing for vulnerabilities outside an authorized program.
• Use the platform to make any decision (employment, credit, or otherwise) prohibited by the Fair Credit Reporting Act or analogous state laws.

User-submitted content; our editorial discretion

You may submit free-text fields (such as the kind of work you're open to or the role you need filled). You retain rights to your submissions; you grant Diem Heroes a non-exclusive, worldwide, royalty-free license to use them solely to operate the platform. We may, but are not obligated to, review, edit, refuse, or remove user submissions for any reason, including violations of these Terms. Any such action is a publisher's editorial decision and does not waive our protections under 47 U.S.C. § 230.

DMCA / Copyright

If you believe content on Diem Heroes infringes your copyright, send a notice to our designated agent:

DMCA Agent, Diem Heroes
dmca@diemheroes.com

Notices must include the elements required by 17 U.S.C. § 512(c)(3): identification of the copyrighted work, identification of the infringing material with enough detail for us to locate it, your contact information, a statement of good-faith belief that the use is not authorized, a statement under penalty of perjury that the information is accurate and that you are authorized to act, and your physical or electronic signature. We respond expeditiously and may remove or disable access to allegedly infringing material. Repeat infringers will be terminated.

Intellectual property

Diem Heroes, the cape mark, and the site's design are our trademarks. The roster data we surface from public records remains attributable to its source; we don't claim ownership over public government data.

Disclaimers

Limitation of liability

To the fullest extent permitted by law, Diem Heroes will not be liable for any indirect, incidental, consequential, special, or punitive damages arising from or related to your use of the site. Our total cumulative liability arising out of or related to these Terms or the site will not exceed the greater of (a) one hundred U.S. dollars ($100) or (b) the total fees you paid us in the twelve (12) months preceding the event giving rise to the claim. The foregoing limitations do not apply to liability that cannot be excluded under applicable law (such as gross negligence, willful misconduct, or fraud).

Indemnification

You agree to indemnify, defend, and hold harmless Diem Heroes and its officers, employees, and agents from any third-party claim, demand, or expense (including reasonable attorneys' fees) arising from (a) your submissions to the platform, (b) your breach of these Terms, or (c) your violation of any law or third-party right in connection with your use of the site. This indemnity does not extend to claims caused by Diem Heroes' own gross negligence, willful misconduct, or fraud.

Arbitration; class-action waiver

Read this section carefully — it affects your legal rights.

(a) Mandatory arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of Diem Heroes — including the validity of this arbitration clause — will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules in the county of your residence (or, at your option, by telephone or video). The Federal Arbitration Act (9 U.S.C. §§ 1–16) governs the interpretation and enforcement of this section.

(b) Class-action waiver. You and Diem Heroes each waive the right to bring or participate in a class, collective, or representative action. The arbitrator may not consolidate claims and may not preside over any form of representative proceeding.

(c) Opt-out. You may opt out of this Section by emailing support@diemheroes.com with the subject "Arbitration opt-out" within 30 days of first accepting these Terms. Opt-out does not affect any other provision.

(d) Carve-outs. Either party may bring (i) an individual claim in small-claims court if it qualifies, and (ii) an action for injunctive relief to protect intellectual-property rights.

(e) Severability. If the class-action waiver is held unenforceable, the entire arbitration section is null and the dispute proceeds in court — but the rest of these Terms remain in force.

Governing law and venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The Federal Arbitration Act governs the arbitration section above. Any dispute not subject to arbitration will be resolved in the state or federal courts located in New Castle County, Delaware, and you consent to personal jurisdiction there. Nothing in this paragraph waives any non-waivable right under applicable consumer-protection law.

Privacy

Our handling of your personal information is described in the Privacy Policy, which is incorporated by reference. You have rights regarding that information under the CCPA/CPRA and analogous state laws (CO, CT, VA, UT, TX, OR, and others). See the Privacy Policy or email support@diemheroes.com to exercise them.

Changes

We may update these Terms. Material changes update the "Effective" and "Last updated" dates above and, where appropriate, are sent by email. Continued use after a change means you accept the updated Terms.

Contact

support@diemheroes.com — for any question about these Terms.