Terms of Use

Introduction

Thank you for using HealthEmploy, a career resource for healthcare professionals. HealthEmploy provides an online job board located at www.HealthEmploy.com and operated by HealthEmploy, Ltd., to help physicians and other healthcare professionals in finding a new position and furthering their careers and to help healthcare employers locate the right professionals to fill open positions. HealthEmploy’s mission is to help healthcare organizations by connecting job-seeking healthcare professionals and providers with the organizations that need their expertise.

Before accessing or using HealthEmploy’s online and/or mobile services, website, and software provided on or in connection with the services or website (collectively, the Website), you must read and agree to these Terms of Use, which include all the conditions below, and our Privacy Policy. These Terms of Use have full force and effect while you use HealthEmploy, and you are responsible for complying with them, so please read carefully. Once you access the HealthEmploy Website and click the digital acknowledgment that you accept and agree to these terms, you’re telling us: you have the right, authority, and capacity to agree to these Terms of Use and perform their obligations; you’ve read the Terms of Use and you agree to be bound by them; and you understand these Terms of Use set out binding legal obligations for you. Contingent on these Terms of Use, we will grant you the rights described herein. Note that any future release, update, or addition to the Website will also be subject to these (or the then-current) Terms of Use.

Definitions

You or your refer to you, as in the person who is being presented these policies for your consent.

We, us, our, and HealthEmploy refer to HealthEmploy, Ltd., the owner and operator of the Website, and the Job Board provided by HealthEmploy.

Agency or Agencies refers to third-party companies or entities that recruit physicians and other healthcare providers on behalf of another healthcare facility, but that do not directly employ professionals. Agencies that register and create an Employer Profile with HealthEmploy can post opportunities to the Job Board and can view and reply to Candidates who respond to their job postings. Agencies cannot access the Candidate Database unless specifically authorized by HealthEmploy in their Employer Contract.

Candidate(s) refer to job-seeking healthcare professionals and providers, including residents and fellows.

Candidate Database refers to the online collection of Candidate Profiles that is maintained on the HealthEmploy Website and is searchable by authorized Employers.

Candidate Profile(s) refers to the Personal Information that a Candidate provides to HealthEmploy during the optional registration process to maximize your job search.

Cookies refer to small files, containing text or a string of characters, which identify the user of a website and are sent by the website to the user’s device for recordkeeping purposes.

Employer(s) refers to companies or other entities, including hospitals, practice groups, and Agencies, that post opportunities to the Job Board and may be authorized to access the Candidate Database.

Employer Contract(s) refers to the signed contract that governs the terms of the relationship between an Employer and HealthEmploy and the Employer’s use of our Website and Services.

Employer Profile(s) refers to the Personal Information Employers provide to HealthEmploy when registering to post openings in the Job Board and/or access the Candidate Database.

The Job Board refers to the online collection of job opportunities curated and maintained by HealthEmploy on its Website.

Non-Registered User(s) refers to anyone who browses the HealthEmploy Website without registering a Candidate Profile or Employer Profile.

Organization Information refers to the type of Employer/recruiter you represent, your company website, and number of openings.

Personal Information refers to the information collected from Candidates and Employers via the HealthEmploy Website to create HealthEmploy Accounts. This information may include: your name, title, address, phone number, degree, Professional Information, Organization Information, citizenship, and email address. This information does not include: your Social Security number; Individual Taxpayer Identification Number; driver’s license number or state-issued identification card number; or financial or credit account numbers, including credit card or debit card numbers.

HealthEmploy Account or Account(s) refers to both Candidate Profiles and Employer Profiles.

The HealthEmploy Services refers to the Website, Job Board, and related job search services.

Professional Information refers to your area of professional practice and specialty.

Registered User(s) refers to someone who browses the HealthEmploy Website after having registered a Candidate Profile or Employer Profile.

Applicable Terms

Privacy

Please see our Privacy Policy for information concerning our data-protection practices and how your Personal Information will be collected and used. By creating an Account with HealthEmploy and agreeing to the Terms of Use and Privacy Policy, you are consenting to our practices regarding the collection, use, and disclosure of your Personal Information.

Use of the HealthEmploy Services by Candidates

You are not required to create a Candidate Profile in order to use the HealthEmploy Website, Job Board, or Services. HealthEmploy offers Non-Registered Users the ability to search the Job Board anonymously and without requiring registration via the Website.

By creating a Candidate Profile with HealthEmploy, however, you agree that all information you submit to us is accurate and truthful. Assuming that the information you provide is consistent with these Terms of Use, we then grant you a revocable, non-exclusive license to access our Job Board and use our Services. By providing your Personal Information to HealthEmploy and by creating a Candidate Profile, you agree that:

HealthEmploy can store and make available your Personal Information to Employers, Agencies, and other third parties that can assist you in your job search.
HealthEmploy can contact you regarding your Candidate Profile; your experience with our Website, Job Board, or Services; your job search; or for any reason related to your use of the Website.
Employers can contact you regarding your job search.

Use of the HealthEmploy Services by Employers

You are required to create an Employer Profile in order to post job opportunities to the Job Board and to search the Candidate Database. Agencies cannot access the Candidate Database unless specifically authorized by HealthEmploy and their Employer Contract. By creating an Employer Profile with HealthEmploy, you agree that all information you submit to us is accurate and truthful. Assuming that the information you provide is consistent with these Terms of Use, your Employer Contract, and any other applicable contract, we then grant you a revocable, non-exclusive license to access our Job Board and use our Services. By providing your Personal and Organization Information to HealthEmploy and by creating an Employer Profile, you agree that:

HealthEmploy can share and make available your Personal Information to Candidates and other third parties using the HealthEmploy Website.
HealthEmploy can contact you regarding your Employer Profile; your experience with our Website and Services; or for any reason related to your use of the Website.
Candidates and third-party Website users can contact you regarding their job searches.

Acceptable Conduct

You are only entitled to use the HealthEmploy Website and Services for lawful purposes and in accordance with these Terms of Use, the Privacy Policy, and any other applicable contracts, laws, or regulations, including your Employer Contract. In the event there is an inconsistency between these Terms of Use and the terms of another applicable contract, that contract will supersede the Terms of Use.

Service Eligibility

You must be at least 18 years of age to use the HealthEmploy Website, the Job Board, to create an Account, or to agree to these Terms of Use.

Responding to Job Postings

Candidates agree that by responding to a job posting in the HealthEmploy Job Board, we are not responsible for the information you provide to the Employer.

Registration and Account Security

As a Candidate or Employer using the Website, you will be asked to provide certain Personal Information when registering with HealthEmploy and creating your Account. During this process, you agree to:

Provide accurate Personal Information;
Allow your Candidate or Employer Profile to be verified by HealthEmploy, as necessary;
Review and consent to our Privacy Policy;
Confirm that you are 18 years of age or older;
Comply with applicable laws, including those concerning privacy, intellectual property, and regulatory compliance; and
Use HealthEmploy in a respectful manner.
In addition, you are responsible for safeguarding your unique HealthEmploy password and will be held responsible for all activity to and from your Account – including unauthorized job postings to the Job Board and unauthorized responses to job postings. If you discover or believe that your Account has been accessed or used without your authorization, please contact us at help@HealthEmploy.com.

Access to HealthEmploy Technology

We’ve put a lot of effort into developing the Website, Job Board, and our Services, and we consider them valuable trade secrets of ours. Our Technology includes the databases, software, hardware, structure, organization, systems, and underlying data and information that we use to provide our Services. Except as expressly provided in these Terms of Use, you agree to not, and to not allow any third party to:

Access or attempt to access the Technology by any means other than through the HealthEmploy user interface;
Attempt to circumvent or overcome any protection measures intended to restrict access to any portion of the HealthEmploy Website, Job Board, or Technology;
Monitor the availability, performance, or functionality of the Technology;
Use the Technology unlawfully, or (except with our consent) in any manner that could damage, disable, overburden, or impair it;
Interfere with the operation or hosting of the HealthEmploy Website, Job Board, or Technology, including but not limited to violating or attempting to violate any security feature, place malware or similar harmful code into the Website, Job Board, or Technology, or link to websites or other applications that contain malware or similar harmful code;
Overload, overwhelm, or carry out a denial-of-service attack on, or otherwise prohibit the proper function of, the HealthEmploy Website, Job Board, or Technology;
Interfere with, disrupt, or create an undue burden on the servers or networks that host the HealthEmploy Website, or violate the regulations, policies, or procedures of such networks;
Introduce software, automated agents, or scripts to the HealthEmploy Website, Job Board, or Technology so as to produce multiple accounts; generate automated searches, requests, or queries; or access, collect, intercept, strip, scrape, or mine information or data from, or in transit to or from, the HealthEmploy Website, including any software that reads areas of RAM or streams of network traffic, unless specifically authorized by HealthEmploy;
Systematically retrieve data or other information from the HealthEmploy Website or Job Board to create or compile a collection, compilation, database, or directory, whether by manual methods, web robots, or otherwise, unless specifically authorized by HealthEmploy;
License, sublicense, sell, rent, convey, pledge as security, lend, loan, lease, transfer, assign, reproduce, or distribute to a third party the HealthEmploy Website, Job Board, Technology, or your rights to either, or otherwise encumber the rights and licenses granted hereunder;
Copy, republish, download, display, post, save, disclose, modify, store, co-brand, alter, or transmit in any form or by any means any part of the HealthEmploy Website, Job Board, or Technology, or create compilations or derivative works of the HealthEmploy Website, Job Board, or Technology or any part thereof;
Dissemble, decompile, reverse-compile, translate, adapt, reverse-engineer, or otherwise attempt to derive any part of the HealthEmploy Website, Job Board, or Technology or its method of operation;
Access the HealthEmploy Website, Job Board, or Technology in order to build similar or competitive websites, platforms, or services; or
Use, display, mirror, or frame any part of the HealthEmploy Website, Job Board, or Technology, including archives, layout, design, or proprietary information contained therein or on any related webpage or form without our express written consent.
You are responsible for obtaining access to the HealthEmploy Website, Job Board, or Services and for having all the equipment necessary to do so, even if that means you incur fees from a third party (such as an Internet Service Provider), including telephone, equipment, airtime, or Internet Service Provider charges.

Intellectual Property and Proprietary Rights

The Technology and the materials and information (including all text, graphics, and images) made available or displayed by us on the HealthEmploy Website, Job Board, or through our Services, are owned and copyrighted by HealthEmploy and our authorized licensors, and are subject to intellectual property and proprietary rights and laws of the United States, European Union, other foreign jurisdictions, and international conventions. The design of the HealthEmploy Website, along with HealthEmploy-created text, scripts, graphics, interactive features, and the trademarks, service marks, logos, and trade names contained therein, are owned by or licensed to HealthEmploy, and are protected by copyright and property rights laws.

Except for the limited licenses that we’ve provided herein, we reserve the right, title, and interest in the HealthEmploy Technology, Website and Job Board, and all implied licenses are disclaimed. You agree to not engage in the use, copying, or distribution of anything contained on the HealthEmploy Website or within the Job Board unless we have given you express written permission. Other trademarks, service marks, or trade names that may appear on or in the HealthEmploy Website are the property of their respective owners.

Use Outside the Borders of the United States

Although HealthEmploy intends for Candidates and Employers to be located within the United States of America, our Website and Job Board can be accessed worldwide and may contain references to information that extend beyond the United States’ territorial boundaries. While your Personal Information will be processed in conformance with our Privacy Policy and these Terms of Use, our processing and handling of your Personal Information may occur in countries with different laws regarding your privacy. By using HealthEmploy and providing any Personal Information, you consent to the transfer of electronic data and personal information from your country to a country that may have different privacy laws.

Using our Platform in other locations may not be appropriate given foreign laws and regulations. If you use our Website or Services outside of the United States, you are responsible for complying with those foreign laws and regulations.

Interruption of Our Services

We are constantly trying to improve the quality of the HealthEmploy experience. To that end, we reserve the right to interrupt, modify, suspend, discontinue, or add to our Website and Services without notice. We hope, of course, that these interruptions are minimal, but, by consenting to these Terms of Use, you agree that HealthEmploy won’t be liable to you or to any third party for the interruption, modification, suspension, discontinuance, or addition to our Website or Services.

Termination or Deletion of Account

If at any time you determine you no longer require our Services and wish to delete your Account, please contact any member of our team at help@HealthEmploy.com. Following deletion of your Account, we may, however, retain your Personal Information and/or contact you for marketing purposes.

No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.

Data Breach

While HealthEmploy security measures to maintain data security, data breaches can occasionally happen, even to the most secure of systems. In the event of such a situation, HealthEmploy willl, in compliance with any applicable federal and state data breach laws, endeavor to timely notify all users whose Personal Information HealthEmploy knows or has irrefutable reason to believe was accessed by an unauthorized person.

Indemnity

You agree to indemnify, defend, and hold harmless, to the fullest extent allowed by law, HealthEmploy and its owners, parent corporation, shareholders, officers, contractors, assigns, licensees, successors in interest, directors, employees, agents, operators, affiliates, and licensors in regards to any and all claims, allegations, demands, damages, obligations, losses, liabilities, costs, debts, disbursements, and expenses – including settlement amounts and attorneys’ fees – arising out of or resulting from your use of the HealthEmploy Website; the Personal Information you place in the HealthEmploy Job Board and any claimed damage it may have caused to a third party; your violation of these Terms of Use; your breach of any representations, warranties, or covenants set forth herein; your violation of any rights of a third party, including privacy rights and, without limitation, any trademark, copyright, patent, trade secret, or other intellectual property or proprietary rights; or your violation of any applicable laws or regulations. You further agree not to settle any such matter without our prior written consent. We reserve the right, at your expense, to assume the exclusive defense and control in any matter in which you are required to indemnify us, and we may require you to pay for any attorney of our choice to defend us. You also agree to cooperate with our defense of these claims.

In all instances, we retain the right to participate, at our own expense, in the defense of any such matters. We will make reasonable efforts to notify you of any such indemnified matter upon becoming aware of it. We may elect to settle any indemnified matter and you will be liable for those damages as if we had proceeded to trial. These provisions survive the cancellation, expiration, suspension, or termination of your access to and use of our Website, Job Board, or Services.

Disclaimer of Warranties

Except as expressly set forth in these Terms of Use, use of our Website is at your own risk, and it is offered on an “as–is” and “as available” basis. You are solely responsible for any damage to your computer system, loss of data, personal injury, or property damage that results from the downloading of material through our Website. To the maximum extent permitted by law, these Terms of Use make no, and you disclaim any reliance on, any implied or legal warranties or representations, including warranties of fitness for a particular purpose, merchantability, accuracy, title, quiet enjoyment, or non-infringement.

HealthEmploy and our suppliers or providers do not warrant that the HealthEmploy Website will meet your requirements, expectations, or needs, or operate uninterrupted, timely, securely, or without error. We make no representations or warranties that the quality of any content, products, Services, information, or other material obtained by you through the HealthEmploy Website will be accurate, reliable, complete, legal, safe, or free of malware or other harmful code, or that any errors or defects in the HealthEmploy Website or Services will be corrected. No oral or written information or advice given by us or our employees, providers, or agents will increase the scope of, or create any new warranties in addition to, the warranties expressly set forth in these Terms of Use.

Limitation on Liability

Under no circumstances shall HealthEmploy, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, under any theory of liability, arising in connection with or out of the use of the Website, Job Board, or Services, even if HealthEmploy has been advised of the possibility of such damages. HealthEmploy is not liable to you or to third parties for any damage, harm, injury or claim that arises from your use of any products or services acquired through our site. We are not liable for any failure of the goods or services of HealthEmploy or of any third party. We are not responsible in any way for damages caused by third parties who may use our website or Services.

In the event of any problem with the HealthEmploy Website or any content therein, you agree that your sole remedy is to cease using the HealthEmploy Website. In the event of any problem with the products or services that you have acquired on or through the HealthEmploy Website, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer’s or supplier’s warranty. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to (if such a minimum exists).

Force Majeure

You agree that we are not responsible to you for anything that HealthEmploy may otherwise be responsible for if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, or shortage of materials.

Choice of Law

The Terms of Use shall be governed by the laws of West Virginia. The offer and acceptance of the Terms of Use is deemed to have occurred in West Virginia.

Arbitration

Any and all disputes arising from your use of the HealthEmploy Website, Job Board, or Services (including disputes regarding the interpretation and scope of this clause, or even whether this dispute has to be arbitrated at all) will exclusively be settled through binding and confidential arbitration. Arbitration will be subject to the Federal Arbitration Act instead of state arbitration law. The arbitration will be conducted by a panel consisting of a single commercial arbitrator appointed by the American Arbitration Association (“AAA”), and will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator so decides, the Supplementary Procedures for Consumer Related Disputes.

Assignment

You may not assign your rights or obligations under this Terms of Use to any other party without our prior written consent. We may assign our rights or obligations under this Terms of Use to any other party at our sole discretion.

Entire Agreement

Unless we later reach some other separate agreement with you, these Terms of Use make up the complete and exclusive agreement between us regarding your access to and use of our Website, Job Board, and Services. The Terms of Use supersede any prior agreements, proposals, or communications, oral or written, between you and HealthEmploy relating to your use of our Services.

Severability

In the event that a provision of these Terms of Use is found to be unlawful, in conflict with another provision in the Terms of Use, or otherwise unenforceable, the remainder of the Terms of Use will continue to be enforceable as though it had been entered into without the unenforceable provisions being included in it. If two or more provisions of this Terms of Use are deemed to conflict with each other’s operation, HealthEmploy has the sole right to decide which provision remains in force.

Non-Waiver

We reserve all rights permitted to us under these Terms of Use as well as under any applicable law. Our non-enforcement of any particular provision or provisions of this Terms of Use or of any applicable law shall not be construed as a waiver of our right to enforce that same provision or provisions under the same or different circumstances at any time in the future.

Copyright Policy

HealthEmploy respects the copyrights of third parties. You may not use the Website to post, modify, distribute, or reproduce any copyrighted works without authorization or to otherwise infringe the copyrights of a third party. It is our policy to terminate the Accounts of users who repeatedly infringe the copyrights of others upon receipt of proper notification by the copyright owner or its legal agent. If you believe that your copyrighted work has been posted or used on the Website in a manner that constitutes copyright infringement, please provide Our Copyright Agent (defined below) with written notice containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (ii) identification of the copyrighted work (or in the case of multiple works, a representative list of such works) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing, and the location of that material; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the copyright interest that allegedly is infringed. Our Copyright Agent for notice of claims of copyright infringement may be reached by e-mail at: team@HealthEmploy.com

Notice Regarding Amendments to the Terms of Use

To best keep you informed regarding any amendments, changes, or revisions to the Terms of Use, we may provide you with notices through email, postings on the Site, or other notification methods. Your continued use of the HealthEmploy Website after the publication of such amendments constitutes your acceptance of our amended Terms of Use.

Contact Us

If you have any questions or concerns about these Terms of Use, please contact us by sending an email to help@HealthEmploy.com.

These Terms of Use were published on April 17, 2018.