Terms of Service and Use
NOTE: FOR ALL LOGIN OR SUPPORT QUESTIONS, PLEASE CONTACT: firstname.lastname@example.org.
Please read this page carefully. The following HealthcareSource HR, Inc. (collectively referred to as “HealthcareSource” or “we,” “us,” “our” or other similar pronouns) terms and conditions (“Terms and Conditions”) govern Your access to and use of the Site and the Services (each as defined below). By accessing, using, or browsing the Site or the Services in any way, you or the entity you represent (“You” or “Your”) accept, agree to, and are bound by these Terms and Conditions as applied to Your use of the Site and Services. If You do not agree to these Terms and Conditions, You may not access or otherwise use the Site or Services.
The “HealthcareSource Site” or the “Site” is defined as any website under HealthcareSource’s control, collectively, whether partial or otherwise (including, without limitation, www.healthcaresource.com, http://payst.healthcaresource.com, jobs.healthcaresource.com, and the website from which these Terms and Conditions were accessed from) along with the Job Board and Lean Human Capital Services and Your use and receipt of any and all products, services, and resources offered, enabled or provided to You via the Site and any individual's use and receipt of any and all products, services, and resources offered, enabled or provided to such individual via a HealthcareSource apply feature (collectively, the “Services”).
We may change the Terms and Conditions from time to time, in our sole discretion, and without notice to You, by posting such changes on the Site. Your continued access or use of the Site or any Services constitutes Your acceptance of the changes. Your access and use of the Site and Services will be subject to the most current version of the Terms and Conditions and any other guidelines and rules posted on the Site at the time of such use. Please regularly check the “Terms and Conditions” link on the home page of the Site or the login page for the Services to view the then-current terms. If You breach any of the Terms and Conditions, Your authorization to access or use the Site or Services may be terminated.
1. Services: HealthcareSource provides access to certain Services to browsers of the Site (“Browsers”), customers (i.e. a business entity who accesses and/or uses certain Services or HealthcareSource Materials) with registered accounts (“Customer”) and registered users authorized by such Customer and using the Services solely in their capacity as a representative of Customer (“Authorized User”), and registered job seekers, job applicants, students, or other registered users of the Sites and Services who are not Authorized Users of Customers (“End Users”). To the extent that You represent a Customer, You hereby represent and warrant that You have the authority to bind such Customer in contract to these Terms and Conditions.
The Services may consist of certain software-as-a-service online programs, online training courses, online communities, live webinars, communication tools designed to facilitate personal networking, as well as access to certain proprietary information and materials (“HealthcareSource Materials”), including without limitation, product demonstrations, product white papers, on-demand webinars, profiles, user manuals, technical manuals, standard and customized forms, reports, software, courses, modules and other content such as assessment questions.
Your Account and any related Services accessed through such Account are to be accessed and used solely by You. Upon the successful registration of Your Account, You will be provided with a unique password that will permit You to access Your Account and the related Services. You are responsible for maintaining the strict confidentiality of Your Account password, and by setting up an Account, You accept all risks of unauthorized access to such information. You shall be responsible for any access to or use of the Site or registered Services by any person or entity using the password provided, whether or not such access or use has been authorized by or on behalf of You, and whether or not such person or entity is Your employee or agent.
You agree to (a) immediately notify HealthcareSource of any unauthorized use of Your password or Account or any other breach of security, (b) take any reasonable steps within Your control to prevent any further unauthorized use or breach, (c) exit from Your Account at the end of each session, and (d) if You represent an organization, ensure that any individual leaving Your organization no longer maintains any access to Your Account. HealthcareSource may, at any time without notice and in its sole discretion, limit or suspend in whole or in part, Your or any other user’s access to or use of the Site or Services, or disclose any information related to Your use of the Site or Services as HealthcareSource deems necessary to comply with applicable law, regulation, legal process or governmental request.
4. Proprietary Rights in the Site: All right, title and interest in and to the Site, the Services, and the HealthcareSource Materials, including without limitation all the content, code, data and materials thereon, the look and feel, design, arrangement and organization of the Site, the Services, and the HealthcareSource Materials, and any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein are the sole property of HealthcareSource or its licensors, and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to You in these Terms and Conditions, HealthcareSource reserves for itself and its licensors all other rights, title and interest in the Site, Services, and HealthcareSource Materials.
You hereby acknowledge that Your use of the Site and Services does not grant to You ownership of any content, code, data, HealthcareSource Materials, or other material You may access on or through the Site and Services. Any commercial distribution, publishing or exploitation of the Site, Services, or HealthcareSource Materials is strictly prohibited. You may not otherwise copy, reproduce, republish, frame, download, transmit, distribute, modify, adapt, create derivative works based on, rent, lease, loan, sell (or otherwise make available to any third party for anything of value), assign, distribute, display, perform, license, sublicense or reverse engineer the Site, Services, or HealthcareSource Materials or any portions of the Site, Services, or HealthcareSource Materials (including without limitation any content, code, data or materials made accessible to You on or through the Site, Services, or HealthcareSource Materials), or the selection and arrangement of the Site, Services, or HealthcareSource Materials. You may not sell or make available to any third party for anything of value or otherwise exploit any content, code, data or materials on or through the Site, Services, or HealthcareSource Materials. If You make other use of the Site, Services, or HealthcareSource Materials, except as otherwise provided above, You may violate copyright and other laws of the United States or other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
5. Trademarks: HealthcareSource’s name, tradenames, logos, including without limitation “HealthcareSource”, “Position Manager”, “Performance Manager”, “NetLearning”, “NetCompetency”, “Patient Centered Workforce”, “HealthcareSource Quality Talent. Quality Care”, the HealthcareSource design logo, and all related product and service names are service marks or trademarks of HealthcareSource (“HealthcareSource Marks”). The HealthcareSource Marks may not be used without HealthcareSource’s prior written consent, and in any event may not be used in connection with products and/or services that are not related to, associated with, or sponsored by HealthcareSource, that are likely to cause confusion, or in any manner that disparages or discredits HealthcareSource or its affiliates. All other trademarks, logos and service marks not owned by HealthcareSource that appear on the Site or in the Services or HealthcareSource Materials, if any, are the property of their respective owners and may not be used without the prior written consent of such owners.
6. Use of HealthcareSource Materials: HealthcareSource authorizes You, subject to these Terms and Conditions, to access and use the HealthcareSource Materials and to download and print a single copy of such HealthcareSource Materials publicly available to You solely for: (i) Your personal, non-commercial use if You are a Browser or End User; or (ii) the internal business purposes of a Customer if You accessed such HealthcareSource Materials through the Account of such Customer. Any code that HealthcareSource creates to generate or display any such HealthcareSource Materials or the pages making up any Site is protected by HealthcareSource’s copyright and You may not copy or adapt such code.
7. Use of Services: Services accessible only through a Customer’s Account, may be used only by the Customer and their Authorized Users, solely for the internal business purposes of the Customer. Services accessible only through an End User’s Account may be used only by such End User, solely for the personal, non-commercial purposes of seeking employment and/or for career purposes. Services generally accessible on the Site may be used by any individual, subject to these Terms and Conditions.
8. Submitted Materials: In Your use of the Site and Services, You may transmit, submit, post, or display on the Site or through the Services certain materials, including without limitation, information (including User Information), data, text, job postings, job competencies, compensation information, resumes, cover letters, software, sound, graphics, logos, video, advertisements, messages, and other materials (“Submitted Materials”). By transmitting, submitting, posting, or displaying Your Submitted Materials on or through the Site and Services, You represent and warrant that You, or a third-party licensor, own or otherwise control all of the intellectual property rights and other rights to Your Submitted Materials, including all the rights necessary for You to transmit, submit, post, or display Your Submitted Materials accordingly.
With respect to Data that constitutes (a) personal data (as defined in Section 26) of EU Authorized Users that HealthcareSource processes solely on behalf of a Customer, or (b) Service Provider Information (as defined in Section 27) that HealthcareSource processes solely on behalf of a Customer, HealthcareSource processes the Submitted Materials on such Customer’s behalf and claims no ownership or control over any Submitted Materials. With respect to the Data of End Users and Browsers, HealthcareSource determines the purposes and means of processing such Data, and is not processing such Data solely on behalf of You or a Customer.
You are solely and entirely responsible for all of Your Submitted Materials that You transmit, submit, post, or display on the Site or through the Services. You shall assume all risks associated with the use of Your Submitted Materials including any reliance on the accuracy, completeness or usefulness of Your Submitted Materials. HealthcareSource does not guarantee the accuracy, integrity or quality of Submitted Materials. At any time in our discretion, HealthcareSource may impose a cap on the amount of Submitted Materials that may be submitted to the Site, or on the amount that may be used by any one user. You are advised to retain copies of Submitted Materials and should not rely on HealthcareSource to retain copies of Submitted Materials. HealthcareSource is not responsible for loss or damage to Submitted Materials, or for Your or HealthcareSource’s removal, or failure to remove Submitted Materials from the Site.
Any permitted revisions or other permitted derivative works that HealthcareSource or its contractors creates from the Submitted Materials are referred to in these Terms and Conditions as “Work Product”. As between HealthcareSource and You, HealthcareSource shall retain ownership of all Work Product, and shall have the rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such Submitted Materials and Work Product, with or without having Your name attached to such images and materials, in any manner of form and for any purpose.
You acknowledge and agree that by accessing or using the Site or Services, You may be exposed to Submitted Materials from others that are offensive, indecent or otherwise objectionable.
9. User Conduct: All interactions on the Site must comply with these Terms and Conditions. Although we welcome and encourage user interaction on this Site, we require that You restrict any and all activity in connection with the use of the Site to that which involves lawful purposes only. You warrant and agree that, while using the Site, You shall not upload, post or transmit to, or distribute or otherwise publish through, the Site any materials (including, without limitation, Submitted Materials) that:
(a) violate or infringe in any way upon the rights of others, including without limitation the infringement of third party intellectual property that is protected by third party copyright, or other proprietary or intellectual property rights;
(b) are unlawful, threatening, abusive, hateful, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or publicity rights, harassing, inappropriate, indecent, lascivious, lewd, profane, obscene, racist, excessively violent, vulgar or that contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals);
(c) in the discretion of HealthcareSource, restrict or inhibit any other user from using and enjoying the Site;
(d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law; or
(e) contain a virus, Trojan horse, worm, time bomb, cancelbot, easter egg, corruptive file, or other harmful or disruptive component or false or misleading indications of origin or statements of fact.
You also warrant and agree that You shall not:
(i) impersonate any person or entity or misrepresent Your affiliation with any other person or entity, or in any way create a false identity for the purpose of misleading others;
(ii) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained on or through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material), or otherwise advertise or perform any religious, political or commercial solicitation in connection with Your use of the Site;
(iii) engage in spamming, flooding, transmission of bulk communications, harvesting of personal information, spidering, ‘screen scraping,’ ‘database scraping,’ or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Site;
(iv) use any data mining, robots or similar data gathering extraction methods;
(v) take any action that imposes an unreasonable or disproportionately large load on the Site’s or any of the Services’ infrastructure;
(vi) use any device to navigate or search the Site other than the tools available on the Site, generally available third party web browsers, or other tools approved by HealthcareSource;
(vii) reverse engineer or decompile any parts of the Site;
(viii) aggregate, copy, or duplicate in any manner any of the HealthcareSource Materials or information available from the Site, including expired job postings, other than as permitted by these Terms and Conditions;
(ix) access data not intended for You or log into a server of Account which You are not authorized to access;
(x) solicit passwords or personally identifiable information from other users;
(xi) use any of the HealthcareSource Services to upload, display, share or otherwise transmit or disclose any Protected Health Information (PHI) or other private information of third parties in violation of state or federal laws (including the Health Insurance Portability and Accountability Act of 1996 (HIPAA)); or
(xii) attempt to gain unauthorized access to, or disrupt or interfere with the security of, or otherwise cause harm to, the Site or any systems resources, accounts, servers or networks connected to or accessible through the Site or any affiliated or linked sites.
You agree that You will not use the Site or any Services in any manner that could damage, disable, overburden, or impair the Site or any Services or interfere with any other person’s use and enjoyment of the Site or any Services. You may not collect, harvest, mine or engage in any other activity to obtain or attempt to obtain any materials or information, including without limitation e-mail addresses, phone numbers and other User Information, through any means not intentionally made available or provided for through the Site.
HealthcareSource has the right, but not the obligation, to monitor the Site and to remove material from the Site, including job postings, in its sole discretion.
10. Additional Terms Applicable to Employers: Customers, Authorized Users, or others accessing the Site or using the Services to seek, attract, retain, evaluate, appraise, or train employees (“Employer”) are solely responsible for their access and use of the Site and Services, including without limitation employment decisions, communications with End Users, competencies, and salary decisions. HealthcareSource is not to be considered an employer with respect to Your use of the Site and Services and HealthcareSource shall not be responsible for any decisions made by Employers.
You understand and acknowledge that if You cancel any Account created as an Employer or Your Account as an Employer is terminated, all Your Account information, including saved resumes, assessments, network contacts, performance appraisals, competencies, compensation information, and course records may be deleted from HealthcareSource’s databases.
Additionally, Employers using the Site or Services to post job postings may not use the job posting to:
- post jobs in a manner that does not comply with applicable state and federal laws, including without limitations laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
- post jobs that include any screening requirement where such requirement is not an actual and legal requirement of the posted job;
- sell, promote, or advertise products or services or solicitations of business (including, but not limited to, email processors, any pyramid scheme, or “club membership”);
- promote or post any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of IRS forms W-2 or 1099;
- advertise for sexual services or seek employees for jobs of sexual nature;
- post anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful;
- post jobs located in countries subject to economic sanctions of the United States Government; or
- except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin, (ii) political beliefs, (iii) philosophical or religious beliefs, (iv) membership of a trade union, (v) physical or mental health, (vi) sexual life, (vii) the commission of criminal offenses or proceedings, or (viii) age.
A job posting may not contain:
- materials which infringe or misappropriate any intellectual property rights, or violate the privacy or publicity rights of others;
- URLs or links to websites other than to recruitment related pages on Your company website;
- irrelevant keywords or white text keywords;
- more than one job or job descriptions, more than one location, or more than one job category; or
- false, inaccurate or misleading information, opinions, or notices.
11. Additional Terms Applicable to End Users: Any Profile or Account You create as an End User must be accurate and describe You, an individual person. You acknowledge and agree that You are solely responsible for the form, content, and accuracy of any resume, qualifications, accreditations, or other material You submit on the Site or through the Services.
Additionally, HealthcareSource reserves the right to delete Your Account and all Your information after a reasonable duration of inactivity.
13. Third-Party Websites: The Site may include links that will take You to other websites outside of the Site, including websites operated by unaffiliated third parties (collectively, “Linked Sites”). HealthcareSource has no control over the Linked Sites and You therefore acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through any Linked Site. You further acknowledge and agree that HealthcareSource is not responsible for any form of transmission received from a Linked Site. The Linked Sites are provided by HealthcareSource as a convenience, and links to Linked Sites do not constitute an endorsement by us of such Websites or the information, content, products, services, advertising, code or other materials presented on or through such Websites.
14. Payments: In the event Your ability to make payment for any Services is available through the Site, the applicable payment procedures will be provided to You on the Site. In such an event, the following terms shall apply. If You have provided HealthcareSource (or any affiliated third-party agents used to process payments) with Your credit or debit card for payment, all charges that You incur for access to and use of the Services will be applied to the credit or debit card number You provide to us. You are responsible for providing and updating all credit or debit card information required for HealthcareSource or any affiliated third-party agents to apply valid charges to the card. HealthcareSource or our agents may take commercially reasonable actions to validate Your credit or debit card. If payment is not received by us or our agents from Your credit or debit card issuer or its agents, You agree to pay all amounts due upon demand by us or our agents. If You fail to pay any amount payable hereunder when due, You agree to pay, in addition to any amount past due, interest accrued thereon, and all reasonable expenses incurred by HealthcareSource and our agents in enforcing these Terms and Conditions, including, but not limited to, all expenses of any legal proceeding related thereto and all reasonable attorneys’ fees incurred in connection therewith. Notwithstanding anything to the contrary contained herein, in the event You have not paid any invoice amount by its due date, or should Your credit or debit card number expire, or should HealthcareSource otherwise be unable to apply valid charges to the card number, HealthcareSource, at its sole option and without any liability to You or any third party hereunder, shall have the right to suspend all Services until such time as all unpaid amounts have been paid. All payments are non-refundable.
15. Linking to the Site: Unless otherwise set forth in a written agreement between You and HealthcareSource, if You include a link from any other website to the Site, You must adhere to HealthcareSource’s linking policy as follows:
- The appearance, position and other attributes of the link may not create the false appearance that Your organization or entity is sponsored or endorsed by, affiliated with, or associated with HealthcareSource;
- The link shall not in any manner surround or obfuscate the Site with any third party content, materials or branding;
- Any link to the Site must identify that the link will bring the user to a HealthcareSource Site;
- The appearance, position, context and other aspects of the link may not be such as to damage or dilute the goodwill associated with HealthcareSource’s names and trademarks; and
- HealthcareSource reserves the right to insist that any link to the Site be discontinued, and to revoke our consent to the link at any time and in our sole discretion.
16. Copyright Agent: We respect the intellectual property rights of others, and require that the people who use the Site do the same. HealthcareSource will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. HealthcareSource will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the “DMCA”). If You believe that Your work has been copied in a way that constitutes copyright infringement and such infringement is occurring on the Site or on sites linked to from the Site or in connection with the Services, please forward the following information to HealthcareSource’s Copyright Agent, designated as such pursuant to the DMCA, named below:
- Information sufficient to permit HealthcareSource to contact You, such as Your address, telephone number, and email address;
- A description of the copyrighted work or works that You claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which You request to be removed or access to which is to be disabled;
- A description of where the alleged infringing material is located on the Site;
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed; and
- A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
HealthcareSource’s designated agent for notice of claims of copyright infringement can be reached as follows:
HealthcareSource HR, Inc.
100 Sylvan Road, Suite 100
Woburn, MA 01801
Attn: Legal Department
The designated agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site or on sites linked to from the Site or in connection with the Services.
17. DISCLAIMER OF WARRANTIES: HEALTHCARESOURCE AND ITS THIRD PARTY PROVIDERS DO NOT WARRANT THAT THE SITES AND SERVICES WILL OPERATE ERROR-FREE OR THAT THE SITE, THE SERVICES, OR THE HEALTHCARESOURCE SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITES OR SERVICES RESULTS IN THE NEED FOR REPLACING DATA, SOFTWARE OR HARDWARE, HEALTHCARESOURCE WILL NOT BE RESPONSIBLE FOR ANY COSTS IN CONNECTION WITH SUCH REPLACEMENTS. EXCEPT AS OTHERWISE PROVIDED HEREIN, THE SITE, THE SERVICES, AND THE HEALTHCARESOURCE MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. HEALTHCARESOURCE AND ITS THIRD PARTY PROVIDERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. HEALTHCARESOURCE AND ITS THIRD-PARTY PROVIDERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR SECURITY OF THE SITE, THE SERVICES OR ANY HEALTHCARESOURCE MATERIALS.
HEALTHCARESOURCE MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR HEALTHCARESOURCE MATERIALS OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. HEALTHCARESOURCE DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, HIGHER QUALITY CANDIDATES, POSITIONS BEING FILLED, HIGHER QUALITY EMPLOYEES, EMPLOYEES BEING TRAINED, OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING, AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO SIXTY (60) DAYS.
18. LIMITATION OF LIABILITY: IN NO EVENT SHALL HEALTHCARESOURCE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST BUSINESS OR LOST SALES, WHETHER OR NOT FORESEEABLE OR IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION.
IN NO EVENT SHALL ANY OF THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY SUBMITTED MATERIALS OR OTHER CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (UPON ANY CLAIM OR CAUSE OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR THE SITES OR SERVICES EXCEED, IN THE AGGREGATE, THE GREATER OF (I) $200 OR (II) THE AMOUNT, IF ANY, PAID BY YOU TO HEALTHCARESOURCE IN THE PREVIOUS TWELVE (12) MONTHS FOR THE SERVICES TO WHICH THE CLAIM OR CAUSE OF ACTION RELATES.
HEALTHCARESOURCE RESERVES THE RIGHT TO SEEK ALL REMEDIES AVAILABLE HEREUNDER, AT LAW AND IN EQUITY, FOR VIOLATIONS OF THESE TERMS AND CONDITIONS OR OTHERWISE IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO THE RIGHT TO BLOCK ACCESS FROM A PARTICULAR INTERNET ADDRESS TO THE SITE.
The Site and Services are venues for the distribution and publication of user-submitted information hosted by HealthcareSource, including venues for behavioral based assessments, for employers to post information regarding employees and job opportunities, and for candidates to post applications. HealthcareSource does not modify, screen or censor any such material that is posted and is not involved in communications or negotiations between employers and employees, job applicants or other third parties. As a result, HealthcareSource has no control over the quality, safety or legality of information posted or otherwise available through the Services other than HealthcareSource Materials (although it reserves the right to remove any posted information that violates these Terms and Conditions or that it deems inappropriate), the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. Because user authentication on the Internet is difficult, HealthcareSource cannot and does not confirm that each user who posts content to the Site or through the Services is who they claim to be. You acknowledge and agree that You are solely responsible for the form, content and accuracy of the information You enter in connection with the Site or Services.
If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
19. Indemnification: You agree to defend, indemnify and hold HealthcareSource and its directors, officers, employees, contractors, agents, affiliates and other partners harmless from any and all claims, demands, actions, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from, out of or in connection with (a) Your access to or use of the Site or use or receipt of the Services or HealthcareSource Materials (including any use by Your employees or agents and all uses of Your usernames and passwords or Accounts, whether or not actually or expressly authorized by You, in connection with the Site, any Services, or any HealthcareSource Materials), (b) Your access to or use of Linked Sites and Your connections thereto, (c) Your infringement of any third party’s intellectual property or other proprietary rights, or (d) Your actual or alleged breach or violation of any law, rule or regulation or of these Terms and Conditions.
20. Applicable Laws: The Site and Services can be accessed from countries around the world and may contain references to HealthcareSource products, services and programs that are not available in Your country. These references do not imply that HealthcareSource intends to announce such products, services or programs in Your country. We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations outside the United States, and access to the Site or Services from territories where the Site or Services are illegal is prohibited. Persons who choose to access the Site or Services from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
21. Force Majeure: HealthcareSource shall not be liable to You for any delay or failure to perform any of the Services or perform any other obligations due to causes beyond its reasonable control, including, without limitation, acts of God, fire, storm, flood, drought, epidemic, failure or default of public utilities or common carriers, accidents, earthquakes, acts of the public enemy, war, civil commotion, terrorism, rebellion, insurrection, riot, invasion, labor disturbances, strike or lockout. Performance times shall be considered extended for a period of time equivalent to the time lost because of such delay. Without limiting the foregoing, HealthcareSource’s time of performance shall be lengthened, if and to the extent reasonably necessary, in the event that You fail to provide information or materials as requested by HealthcareSource on a timely basis.
22. Modifications to the Site: We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or Services and HealthcareSource Materials offered via the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site and Services or restrict Your access to part or all of the Site and Services without notice or penalty. HealthcareSource reserves the right to temporarily or permanently terminate Your registration on the Site for any or no reason without prior notice.
23. Notices: Any legal notice required or permitted under these Terms and Conditions shall be in writing and shall be deemed to have been duly given upon receipt or rejection. Any such notice or communication shall be delivered or directed: (a) if to You, to the e-mail or postal address provided by You upon registering on the Site or for Services, or another e-mail or postal address later provided by You to HealthcareSource via Your Account, or some page of similar nature, in Your Account on the Site and (b) if to HealthcareSource, to:
HealthcareSource HR, Inc.
100 Sylvan Road, Suite 100
Woburn, MA 01801
Attn: Legal Department
24. Miscellaneous: The Terms and Conditions, all matters relating to Your access to or use of the Site, Services, or HealthcareSource Materials, and the relationship between You and us shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the Commonwealth of Massachusetts, County of Middlesex. You agree to submit to the personal and exclusive jurisdiction of the courts located within Middlesex County in the Commonwealth of Massachusetts. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect. You shall not have the right to assign this agreement, or Your rights or obligations hereunder without the prior written consent of HealthcareSource. These Terms and Conditions constitute the entire agreement between HealthcareSource and You and other users of the Site or Services with respect to the subject matter hereof and there are no representations, understandings or agreements relative hereto which are not fully expressed herein.
25. Questions: If You have any questions, comments or concerns about these Terms and Conditions, the Site or the Services, please contact us at email@example.com.
26. EU Personal Data: To the extent HealthcareSource processes personal data relating to Authorized Users (a) located in the European Economic Area or the United Kingdom; or (b) whose personal data is regulated by the GDPR (collectively, “EU Authorized Users”) solely on behalf of a Customer, the terms of the Data Processing Addendum (“DPA”) shall apply. For the avoidance of doubt, personal data of End Users and Browsers is not processed solely on a Customer’s behalf. The following terms have the meanings given in the General Data Protection Regulation (EU) 2016/679 (the “GDPR”): “data subject”, “controller”, and “processor”. As used herein, "personal data" means personal data as defined in, and to the extent regulated by, the GDPR.
In connection with its provision of the Site and/or Services, HealthcareSource may provide Customers with (or provide Customers access to) Controlled Data. Customer acknowledges and agrees that each of Customer and HealthcareSource is a controller with respect to such shared Controlled Data. Customer hereby agrees that it shall process such shared Controlled Data in accordance with applicable laws, including the GDPR.
With respect to the transfer of the Controlled Data outside the European Economic Area or the United Kingdom, HealthcareSource and Customer hereby enter into the Standard Contractual Clauses for Controllers as approved by the European Commission under Decision 2004/915/EC available at [https://www.healthcaresource.com/standard-contractual-clauses].
27. California Consumer Privacy Act. This Section 27 shall apply only if You are a Customer and references to "You" in this Section 27 shall refer to the applicable Customer. As between You and HealthcareSource, HealthcareSource is a service provider (as defined below) to You with respect to Service Provider Information (as defined below).
(a) In this Section 27:
(i) “CCPA” means the California Consumer Privacy Act of 2018, together with any regulations promulgated thereunder.
(ii) “Service Provider Information” means any personal information relating to Authorized Users who are California residents that is processed by HealthcareSource solely on behalf of You. For the avoidance of doubt, personal information of End Users and Browsers is not processed solely on behalf of You.
(iii) “Medical Information” means any Service Provider Information, in electronic or physical form, regarding a California resident’s medical history or medical treatment or diagnosis by a health care professional.
(iv) “Health Insurance Information” means a California resident's insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the California resident, or any information in a California resident's application and claims history, including any appeals records.
(v) “Sensitive Service Provider Information” means any Service Provider Information that constitutes either of the following: (A) California resident’s first name or first initial and his or her last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted or redacted: (I) social security number; (II) driver’s license number, California identification card number, tax identification number, passport number, military identification number, or other unique identification number issued on a government document commonly used to verify the identity of a specific California resident; (III) account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an California resident’s financial account; (IV) Medical Information; (V) Health Insurance Information; or (VI) unique biometric data generated from measurements or technical analysis of human body characteristics, such as a fingerprint, retina, or iris image, used to authenticate a specific California resident (except that unique biometric data does not include a physical or digital photograph, unless used or stored for facial recognition purposes); or (B) a username or email address in combination with a password or security question and answer that would permit access to an online account. Sensitive Service Provider Information does not include publicly available Service Provider Information that is lawfully made available to the general public from federal, state, or local government records.
(vi) The following terms have the meanings given in the CCPA: “service provider”, “sell”, “selling”, “sale” and “sold”. As used herein, "personal information" means personal information as defined in, and to the extent regulated by, the CCPA.
(b) Except as otherwise required by applicable law, HealthcareSource shall:
(i) process the Service Provider Information for the business purpose of providing the Services or as otherwise permitted by the CCPA;
(ii) implement and maintain commercially reasonable security procedures and practices appropriate to the nature of the Sensitive Service Provider Information (if any) intended to protect such Sensitive Service Provider Information from unauthorized access, destruction, use, modification, or disclosure;
(iii) not retain, use, or disclose Service Provider Information for any purpose outside the scope of the business relationship between You and HealthcareSource and other than for the specific purpose of providing the Services, nor retain, use, or disclose the Service Provider Information for a commercial purpose other than providing the Services, or as otherwise permitted by the CCPA as applicable to service providers;
(iv) not collect or use Service Provider Information except as reasonably necessary to provide the Services;
(v) not sell Service Provider Information;
(vi) to the extent necessary, use commercially reasonable efforts to assist You, at Your expense, in Your fulfilment of Your obligation to respond to California residents’ requests to exercise rights with respect to their Service Provider Information under the CCPA; and
(vii) use commercially reasonable efforts to assist You, at Your expense, to the extent necessary to support Your compliance with Your obligations under the CCPA.
(c) HealthcareSource understands the restrictions provided in Sections 27(b)(iii) and 27(b)(v) and will comply with them.
(d) You represent, warrant, and covenant that (i) You shall comply with Your obligations under the CCPA in respect of Your processing of Service Provider Information and any processing instructions You issue to HealthcareSource; and (ii) You have provided notice (including pursuant to Section 1798.135 of the CCPA) and obtained all consents and rights required by the CCPA for HealthcareSource to process Service Provider Information pursuant to these Terms and Conditions.
(e) Nothing in these Terms and Conditions shall prevent HealthcareSource from engaging its own service providers in the processing of Service Provider Information, provided that HealthcareSource shall enter into contractual arrangements with such service providers requiring a substantially similar level of data protection compliance and information security as that provided in this Section 27 with respect to Service Provider Information.
Updated March 2021