CaduceusLink Pages Terms

Introduction:

Our core objective revolves around fostering connections among professionals across the nation (USA), thereby enhancing their productivity and overall success. CaduceusLink Pages, which fall under the category of “Business Services,” serve as a valuable platform designed to facilitate the discovery of organizations by a diverse audience, including customers, potential partners, job seekers, and other interested parties. These pages offer organizations the opportunity to establish connections and furnish CaduceusLink members with pertinent information. To gain a more comprehensive understanding of CaduceusLink Pages, please explore further details in the provided resources.

  1. Contractual Agreement:

Upon creating, assuming the role of an Administrator (defined below), or maintaining your status as an Administrator for a specific page (referred to as the “Page”) within our Business Services, you are acknowledging and entering into a legally binding agreement between CaduceusLink (hereinafter referred to as “we,” “us,” and “our”) and the entity you represent (referred to as “Organization,” as elaborated below) through the Page. The term “Organization” pertains to the business entity represented by your Page, which can be either a legally recognized entity, such as a university or company, or yourself if you are operating the business in your individual capacity (e.g., a sole proprietorship). Furthermore, you assert and guarantee that you possess the requisite authority to undertake these contractual obligations on behalf of the Organization. This collective agreement encompasses you, the Organization, and any other Administrators, if applicable.

Should you not consent to the terms stipulated within this contract (referred to as the “Contract” or “Service Terms”), refrain from registering as an Administrator and avoid any interaction with or use of our Business Services, including but not limited to the creation, claiming, or continuation of your role as an Administrator for the Page.

Additionally, it is imperative to acknowledge that, in conjunction with the Service Terms, the CaduceusLink User Agreement, Privacy Policy, and Cookie Policy are pertinent to any utilization of our services. Certain features may entail supplementary terms and obligations. For instance, if you opt to acquire premium features for the Page, these features may be accompanied by additional terms and obligations pertaining to payment and usage.

Obligations:

  1. Obligations:

When using the Business Services, you are bound to adhere to these Service Terms. Below, we delve into the detailed obligations associated with the use of our platform:

2.1 Administrators:

The term “Administrators” refers to Members who have either signed up on the Business Services to be administrators of a Page or have been added as such. Key points to acknowledge and agree upon are as follows:

  • Each Page must have at least one identified Administrator.
  • Every Administrator of the Page must be a currently registered member of CaduceusLink.com (referred to as “Member”) and maintain accurate contact information.

2.2 Name Changes and Mergers:

In line with Section 4 (further detailed below), you are obligated to accurately represent the identity of your Organization on the Page. Additionally, it is essential to promptly update any changes in the Organization’s name, including those stemming from mergers, acquisitions, or other restructuring. If such updates are required, please reach out to us through our “Contact Us” facility for assistance.

2.3 Content and Conduct:

In this context, your responsibilities encompass:

  • Adhering to our guidelines outlined in our “Do’s and Don’ts” to maintain content that is professional, respectful, relevant, and accurate.
  • Exclusively posting content that is truthful and does not infringe upon the rights of any other entity or individual.
  • Utilizing the Business Services solely for the identification and promotion of your own Organization.
  • Ensuring that your Organization operates a lawful business in compliance with applicable laws.
  • Verifying that all actions undertaken by your Organization, including those by any Administrator, related to the Page (such as posts, additions, and deletions), comply with all pertinent laws.

2.4 Compliance with Data Policies:

In alignment with our other CaduceusLink services, the collection, utilization, and sharing of your personal data are governed by our Privacy Policy (inclusive of our Cookie Policy and other referenced documents) and subsequent updates. It is imperative that you conform to these Service Terms when engaging in the collection, usage, or processing of personal data pertaining to Members. If you engage in data processing concerning Members, whether obtained directly from CaduceusLink services, integrated third-party applications utilizing CaduceusLink’s APIs, or by other means, you must ensure that you possess a legal basis for such actions and that your processing adheres to applicable laws. This includes clearly informing Members about your data processing activities and obtaining their unequivocal consent when necessary. You bear the responsibility for your and your agents’ handling of this data, including any secondary usage, disclosure, or transfer of the data.

2.5 Company Page Insights:

Access to information available under the Page Analytics tab (referred to as “Page Insights”), if applicable, is subject to our Page Insights Joint Controller Addendum, which is an integral part of these Service Terms.

2.6 Lead Gen Forms on Pages:

If you make use of the Page feature that permits CaduceusLink members to submit their contact and other information to you (“Lead Gen Forms on Pages”), specific obligations arise:

  • You are required to include a link to your privacy policy in each Lead Gen Form.
  • You may only use the data submitted to you via Lead Gen Forms on Pages (“Form Data”) for lawful purposes agreed upon by registered CaduceusLink members.
  • Custom questions within your registration form must not request sensitive data, including information related to an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sexual orientation, criminal offenses, government-issued IDs, logins, passwords, financial account details, and information concerning minors below the age of 17.

CaduceusLink retains the discretion to refuse any custom question. Form Data is typically accessible to you or an authorized third party through CaduceusLink for a duration of 90 days, during which you or the third party is responsible for promptly obtaining and securely storing the Form Data.

Subject to your privacy policy linked to the Lead Gen Forms on Pages, the reasonable privacy expectations of registered CaduceusLink members, applicable laws, these Terms, and the scope of any consents obtained through the Lead Gen Forms on Pages, you may:

  • Utilize Form Data
  • Share Form Data solely with a third party acting on your behalf, such as a service provider, while ensuring their compliance with these Service Terms and restricting their usage of Form Data on your behalf.

You are expressly prohibited from:

  • Selling Form Data under any circumstances.
  • Employing Form Data in any unlawful manner, including unlawful discrimination.

Furthermore, should any CaduceusLink member request to opt-out of your communications or seek the deletion of their Form Data, you are obliged to promptly honor such requests.

Intellectual Property:

  1. Intellectual Property:

In this section, we elaborate on the intellectual property aspects associated with the use of CaduceusLink’s Business Services:

3.1 License:

You hereby grant CaduceusLink, along with its affiliated entities, a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license. This license enables CaduceusLink to utilize, replicate, modify, distribute, and publish any content that you provide to CaduceusLink. It’s important to note that this license remains in effect even after the termination of this Contract, specifically in relation to content furnished prior to the contract’s termination. By granting this license, you confirm and warrant that you possess full ownership or the necessary rights, including intellectual property rights, to the content you provide. This includes the ability to grant CaduceusLink the aforementioned license.

3.2 Feedback and Reservations of Rights:

Should you opt to offer suggestions or feedback to CaduceusLink, you agree that CaduceusLink and its affiliated entities have the option (though not an obligation) to employ and share such feedback for any purpose, without the necessity of providing compensation to you. You are prohibited from disclosing any information concerning our metrics or Member demographics. CaduceusLink, together with its affiliated entities, retains all intellectual property rights pertaining to the Business Services. This underscores our right to safeguard and exercise our intellectual property rights in relation to the Business Services.

3.3 User-Generated Content:

You acknowledge that CaduceusLink may allow users to create and share content on Business Services. Any user-generated content remains the intellectual property of the respective user. CaduceusLink does not claim ownership of such content and does not have the rights outlined in Section 3.1 over user-generated content.

3.4 Third-Party Intellectual Property:

You understand and agree that Business Services may include content, features, or functionalities provided by third parties. All intellectual property rights in such third-party content are the property of their respective owners. Your use of third-party content is subject to the terms and conditions set forth by those third parties.

3.5 Copyright Infringement:

CaduceusLink respects the intellectual property rights of others and expects users of Business Services to do the same. If you believe that your copyrighted work has been used on Business Services in a way that constitutes copyright infringement, please contact CaduceusLink’s designated agent for copyright complaints in accordance with the Digital Millennium Copyright Act (DMCA).

3.6 Trademarks:

Any trademarks, service marks, or logos displayed on Business Services are the property of CaduceusLink or their respective owners. You are not granted any rights to use these trademarks without the express written permission of CaduceusLink or the respective owner.

3.7 Compliance with Intellectual Property Laws:

You agree to comply with all applicable intellectual property laws, including copyright, trademark, and patent laws, when using Business Services. You will not engage in any activities that infringe upon the intellectual property rights of CaduceusLink, its affiliates, or any third parties.

4. Page Service Limits

  1. Visibility of Administrator’s Identity and Actions:You acknowledge and agree that any actions taken by an Administrator in relation to the Page may be visible to other users, including visitors to the Page and other Administrators.
  2. Suspension and Changes:
    • CaduceusLink reserves the right to add or suspend any Administrator’s access to the Business Services, including their administration privileges for the Page, at its sole discretion.
    • We may make changes to or discontinue any of our services, including Business Services. Additionally, CaduceusLink retains the right to remove any Page on the Business Services at any time, without prior notice, including the removal of all or part of the Page’s content.
  3. Modification of Pages:
    • We reserve the right to modify Pages in accordance with our policies. This may include changes to the Organization’s name on the Page and the addition of clarification statements to address member confusion or resolve conflicting trademark rights.
    • Furthermore, we may choose to restrict certain name changes and have no obligation to fulfill any change, merger, or other requests related to the Page. We also retain the authority to determine how name changes will be represented on profiles and in other references to the Organization on CaduceusLink services.
  4. Discretionary Content Removal:
    • CaduceusLink is not obligated to publish any specific information or content on our Business Services or other services. We have the sole discretion to remove content or information, with or without prior notice.
    • It’s important to note that CaduceusLink may be obligated by law to remove certain information or content in specific countries, even if such removal contradicts our general practices.
  5. Data Retention:
    • We do not guarantee the storage or continued display of any information or content that you have posted. There is no obligation on our part to store, maintain, or provide you with a copy of any content or information that you or others provide, except to the extent required by applicable laws and as outlined in our Privacy Policy.

5. Modification and Termination

Modification and Termination:

5.1 Modification of Contract:

  • We retain the right to modify this Contract periodically. In cases where significant changes are made to the Contract, we will make reasonable efforts to notify you through our Business Services or other means, allowing you the opportunity to review these changes before they take effect. It is important to emphasize that changes will not be applied retroactively. If you disagree with any modifications, you have the option to terminate your agreement to this Contract as outlined in Section 5.2. However, if you do not terminate your agreement, your continued use of our Business Services subsequent to the publication or notification of changes to these terms signifies your consent to the updated terms.

5.2 Termination of Contract:

  • If you wish to terminate this Contract, you can do so at any time by following these steps:
    1. Remove all Administrators of the Page, including yourself (and others, if applicable).
    2. Deactivate the Page.
    3. If you are the sole Administrator, close your CaduceusLink account.
    4. Notify CaduceusLink through the “Contact Us” facility.
  • CaduceusLink is not obligated to deactivate the Page, even after termination. CaduceusLink reserves the right to terminate this Contract by deactivating the Page and/or by providing notice to at least one Administrator or the Organization through other means. It’s important to note that Sections 2.4 through 10 of this Contract continue to be in effect even after termination.

Termination by CaduceusLink:

  • CaduceusLink reserves the right to terminate this Contract or suspend your access to Business Services at its discretion, with or without cause. This includes situations where there is a violation of these Service Terms, the CaduceusLink User Agreement, or applicable laws.

5.3 Effect of Termination:

  • Upon termination of this Contract, all rights granted to CaduceusLink under Section 3 (Intellectual Property) continue to apply with respect to content provided before termination.
  • Your obligations under Sections 2 (Obligations) and 3 (Intellectual Property) also survive termination.

6. Warranty Disclaimer

Warranty Disclaimer:

CaduceusLink provides the following disclaimer regarding its Business Services:

  • CaduceusLink does not make any representations or warranties regarding the Business Services, including any representation that the Business Services will be uninterrupted or error-free.
  • To the maximum extent permitted by applicable law, CaduceusLink and its affiliates expressly disclaim any implied or statutory warranty, including but not limited to any implied warranty of title, non-infringement, merchantability, or fitness for a particular purpose.

This disclaimer underscores that CaduceusLink does not guarantee uninterrupted or error-free services and that it disclaims any implied or statutory warranties, in compliance with applicable legal provisions.

7. Limitation of Liability

Limitation of Liability:

In this section, CaduceusLink outlines the extent of its liability in connection with the Business Services:

7.1 Damages Waiver:

  • Subject to Section 7.3, CaduceusLink and its affiliates will not be liable to you in connection with the Business Services for any lost profits, lost business opportunities, loss of data, or any indirect, incidental, consequential, special, or punitive damages, to the fullest extent permitted by law.

7.2 Liability Cap:

  • Subject to Section 7.3, CaduceusLink and its affiliates will not be liable to you in connection with the Business Services for an amount that exceeds $2,000 USD, to the fullest extent permitted by law.

7.3 Exclusions:

  • The limitations of liability stated in Sections 7.1 and 7.2 do not apply to CaduceusLink’s liability in cases of fraud, gross negligence, intentional misconduct, or its liability for death or personal injury.

7.4 Disclaimer:

  • CaduceusLink shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use of Business Services.

8. Entity and Dispute Resolution

Entity and Dispute Resolution:

In this section, we specify the entity responsible for this Contract and the governing law for dispute resolution:

8.1 CaduceusLink Entity:

  • You are entering into this Contract with CaduceusLink, a division of Crossroads Medical Staffing LLC, with its registered address at 615 Saint George Square Court, Suite 300, Winston Salem, NC 27103, USA.

8.2 Governing Law:

  • If any issues or disputes arise under this Contract, and the contracting CaduceusLink entity is Crossroads Medical Staffing LLC, then this Contract is subject to the laws of the State of North Carolina. Any legal action or proceeding, including those arising from non-contractual disputes or claims, related to this Contract will be filed in a state or federal court situated in Forsyth County, North Carolina.

These clauses identify the specific CaduceusLink entity responsible for the Contract and establish the governing law and jurisdiction for the resolution of any disputes or legal matters arising from this Contract.

8.3 Meditation and Arbitration:

    • Any disputes or claims arising out of or relating to this Contract shall be subject to mediation, followed by binding arbitration if necessary, in accordance with the rules of American Arbitration Association or any other mutually agreed-upon arbitration provider.

9. Miscellaneous

Miscellaneous:

This section includes various miscellaneous provisions related to the Contract:

  • You may not rely on any undertaking, promise, assurance, statement, representation, warranty, or understanding of any person concerning the subject matter of the Contract, other than what is explicitly stated in the Contract.
  • CaduceusLink may notify you within the Business Services or through the contact information provided by one or more Administrators (e.g., email, mobile number, physical address of any Administrator, and/or Organization). It is your responsibility to keep your contact information up to date. CaduceusLink accepts service of process at the address identified here. Any notices provided by you without compliance with this section will have no legal effect.
  • CaduceusLink’s failure to enforce any breach of the Contract does not constitute a waiver of its right to enforce the Contract in the future.
  • The Contract does not establish a partnership, agency relationship, or joint venture between the parties. Neither party has the authority to bind the other or create obligations or responsibilities on behalf of the other. No employee of one party will be considered an employee of the other.
  • You may not assign this Contract in whole or in part without prior written consent from CaduceusLink. Any attempted assignment in violation of this restriction is void. The Contract binds and benefits the parties, their respective successors, and permitted assigns.
  • In case the Contract is translated into a language other than English, the English language version will govern, and translations are provided for convenience only.
  • CaduceusLink reserves the right to remotely monitor your use of the Business Services to ensure compliance with the Contract.
  • If any provision of the Contract is found to be unenforceable, that provision will be modified to the extent possible to make it enforceable while preserving the parties’ intentions. The remaining provisions of the Contract will remain unaffected.
  • Entire Agreement:
    • This Contract, along with the CaduceusLink User Agreement, Privacy Policy, Cookie Policy, and any additional terms for specific features, constitutes the entire agreement between you and CaduceusLink regarding Business Services.

    Changes to Service Terms:

      • CaduceusLink reserves the right to update these Service Terms at any time, with notice provided to you. Your continued use of Business Services after such changes constitutes acceptance of the updated terms.
 
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