Terms and Conditions

Terms and Conditions

Enclosed herein are the terms and conditions of CaduceusLink, accompanied by detailed outlines of our cookie and privacy policies. At CaduceusLink, we believe in the power of transparency and informed consent. Our comprehensive disclosure is a testament to our commitment to ensuring you are fully aware of how we operate. We aim to eliminate any ambiguities or uncertainties regarding our processes, procedures, and the implications of your interactions with us. It is our objective to provide you with a clear understanding of our workings, necessitating an elaborate explanation. We strongly encourage you to peruse these terms, or any specific sections that capture your interest, as your continued engagement with CaduceusLink signifies your acceptance of these conditions.

CaduceusLink General Terms of Service

Last Updated: January 2, 2024

Introduction to CaduceusLink’s Terms of Service

Every time you access or engage with CaduceusLink’s digital services, including our online and mobile platforms, any CaduceusLink mobile applications, browser extensions, or plugins (collectively known as the “XROADS Apps”), irrespective of their download source, as well as any software, service, feature, product, program, and element (including email messages, notifications, and other forms of communication) provided by or on behalf of CaduceusLink in connection with these services or websites (jointly referred to as the “Site”), which also encompasses the products, programs, and services detailed in these Terms of Service, you are making two important acknowledgments: (a) you confirm that you have read and understood the Cookie Policy and Privacy Policy; and (b) you agree to comply with the terms and conditions set forth in these Terms of Service (referred to as the “Agreement”) with the respective entity or entities.

For Candidates:

  • If you are located within the United States, the Site is provided by CaduceusLink, 615 Saint George Square Court, Suite 300, Winston Salem, NC 27103, USA.

For Employers:

  • If you are located within the United States, the Site is provided by CaduceusLink, 615 Saint George Square Court, Suite 300, Winston Salem, NC 27103, USA.

For Affiliates:

  • CaduceusLink, 615 Saint George Square Court, Suite 300, Winston Salem, NC 27103, USA.

In this Agreement, any mentions of “CaduceusLink” or “we” refer specifically to the relevant entity as previously delineated.

The Site is expressly designed for use by individuals seeking job opportunities, employment-related services, or information pertaining to their own job search or employment (“Candidates”). It is also intended for use by individuals and/or organizations involved in hiring or human resource activities, those seeking Candidates, or those looking to disseminate information about job openings, whether on their own behalf or on behalf of others. This includes, but is not limited to, agencies purchasing for multiple parties and employment agencies (“Employers”), as well as individuals and/or organizations interested in participating in the CaduceusLink AffiliateLink Platform (“Affiliates”). By using the Site, you acknowledge and agree that your permission to use the Site is immediately nullified if you attempt to use it for purposes other than those specified.

CaduceusLink, except as specified elsewhere, does not function as an employment agency or any other kind of agent through the provision of the Site or its tools. The role of CaduceusLink is strictly that of an independent contractor, without the authority to act or make employment-related decisions for either Employers or Candidates. It’s important to note that nothing within this Agreement or on the Site is intended to establish an agency relationship between CaduceusLink and Employers.

Within the United States, where CaduceusLink operates, our affiliate, Crossroads MedStaff, may offer services in the capacity of a staffing agency to its clients. Additionally, Crossroads MedStaff might provide services as an employment agency to its clients under a written agreement distinct from this Agreement (collectively referred to as “Crossroads MedStaff”). These services are independent from the Site and may include scenarios where such affiliates utilize the Site on behalf of their clients.

When you access or use the Site as an employee or representative of an Employer or Affiliate, by doing so, you are agreeing to the terms of this Agreement both for yourself and on behalf of the Employer or Affiliate you represent. In this capacity, you affirm and warrant that you possess the necessary authority to commit such Employer or Affiliate to this Agreement. If you require assistance with the Site due to the use of assistive technology, CaduceusLink provides support which can be accessed by calling 1-866-985-2465 (in the United States) or by emailing accessibility@caduceuslink.com. Additionally, you acknowledge that CaduceusLink holds the copyright for the Site, the XROADS Apps, and the Services, which includes copyright in the compilations of information available through any of these mediums.

CaduceusLink reserves the right to reject, remove, or restrict the visibility of any User Content (as further defined below). Additionally, CaduceusLink may disable any user account or limit your ability to use the entirety or portions of the Site, at its discretion, for any reason or no reason, without prior notice. While CaduceusLink may occasionally provide explanations for the removal or disabling of User Content or an account, it is not feasible to detail every potential reason for such actions. We maintain the absolute right to remove any User Content or account if we deem it necessary for our own interests or the interests of our users.

We reserve the right to amend this Agreement, and we will inform you of such amendments through any reasonable means, which includes posting the revised Agreement on the Site. Any changes made will not be retroactively applied to any claim made before the date the revised Agreement was posted or before you were otherwise notified of such changes. Your continued access to or use of the Site after these changes indicates your acceptance of the new terms. The “Last Updated” date at the top of each section of the terms and conditions reflects the most recent modifications to this Agreement. We also retain the right, at any time and without incurring liability, to modify or discontinue parts or the entirety of the Site (including access through any third-party links), to change, impose, or waive any fees associated with using the Site, or to provide certain opportunities to some or all users of the Site.

Please take note that CaduceusLink and its affiliates are directly owned by Crossroads Medical Staffing LLC.

This Agreement integrates by reference any supplementary terms and conditions set forth by CaduceusLink through the Site or otherwise made available to you by CaduceusLink. Specifically:

Terms of Service for Candidates

In the context of Section A of the CaduceusLink General Terms of Service, every reference to “you” or “your” specifically pertains to you as an individual or organization accessing this Site in the capacity of a Candidate. As a Candidate, your permitted use of the CaduceusLink Site and its content is strictly limited to non-commercial purposes.

  1. Job Ads or Job Listings

CaduceusLink offers access to Job Ads that advertise employment opportunities and related content, including links to third-party websites (“Job Listings” or “Job Ads”), accessible via CaduceusLink’s search results or other areas of the Site. For Candidates, searching for Job Ads on CaduceusLink is complimentary. The display of Job Ads on CaduceusLink is based on a blend of factors including employer payments to CaduceusLink and the relevance of factors such as search terms and user activities on CaduceusLink. Although CaduceusLink may receive compensation from employers for posting Job Ads, which helps keep the job search free for Candidates, all Job Ads are deemed as advertising.

Job Ads are created by third parties over whom CaduceusLink has no control. It’s important to recognize that CaduceusLink does not influence the content of Job Ads, their associated links, or any conditions imposed by third parties once a Candidate applies or navigates away from the Site. For instance, some third parties might charge fees for job applications, which CaduceusLink strives to avoid on its Site. When you leave the CaduceusLink Site for a third-party site, you are subject to their terms and conditions. Job Ads on CaduceusLink, except for sponsored, featured, or paid placements, are indexed or posted automatically. CaduceusLink is not obligated to screen, include, or explain the exclusion of any Job Ads from the Site or search results. CaduceusLink is under no obligation to present any specific Job Ads, and cannot guarantee the accuracy, completeness, or reliability of any Job Ad or information provided by Employers or other users.

When you apply for a job on a site operated by an Employer or its applicant tracking system, CaduceusLink may collect certain information using automated means like APIs, cookies, and web beacons. This information can include details about job listings viewed and job applications initiated or completed. Employers using tracking functionality must comply with applicable laws regarding notice and consent. However, CaduceusLink has no control over these Employers or their websites. Your use of the Site constitutes agreement to CaduceusLink’s use and receipt of information from such tracking technologies.

CaduceusLink may offer independent features to aid your job search. For instance, it might provide search filters by job type categories (e.g., full-time, part-time), which are created by CaduceusLink and may not accurately reflect Job Ad content. Job Listings might be reformatted for easier reading on mobile devices, and certain Job Ads from select Employers may be promoted on pages or websites dedicated to specific topics, like inclusive hiring. The placement of a Job Ad on these pages or websites does not imply any legal status of the role or any attributes of the Employer. There’s no assurance that applications via these dedicated pages or websites will lead to a better job application experience, interview, or offer. These pages or websites do not list all Job Ads, and no inferences should be made about Job Ads or Employers not displayed on them. Additionally, CaduceusLink may enable calling an Employer directly from a Job Ad using a mobile phone app, but cannot guarantee the accuracy of the provided phone numbers.

  1. Resume and Profile

By creating a searchable resume on the Site (“CaduceusLink Resume”) or uploading a file resume (collectively, “Your Resume” or “Candidate Resume”), you are authorizing CaduceusLink to make Your Resume available to users accessing our Site, such as Employers that CaduceusLink identifies as potentially interested in Your Resume, users of CaduceusLink’s ResumeLink Portal, or anyone with access to the URL of your searchable resume. This service is intended to assist you in job finding. You are responsible for maintaining the accuracy and current status of Your Resume.

On CaduceusLink, Your Resume is by default set to searchable (“Searchable”). If you prefer not to have Your Resume accessible to third parties or to prevent Employers from contacting you, you should set Your Resume to not searchable (“Not Searchable”) on CaduceusLink. A Not Searchable Resume is only accessible to those to whom you have applied or provided your resume. However, applying for jobs or sharing Your Resume with Employers might result in its duplication and publication, even if set to Not Searchable. Changing Your Resume to Not Searchable does not affect past applications or prevent contacted employers from reaching out to you. Searchable Resumes, including yours, may be copied by search engines and other third parties, who may then make these Resumes publicly available elsewhere. CaduceusLink does not control these third parties, and changing Your Resume to Not Searchable on CaduceusLink does not affect these external copies. Changes to Your Resume on the Site may not be reflected in copies made by third parties. If you wish to keep Your Resume from being publicly visible or copied, it must be set to Not Searchable. CaduceusLink is not responsible for and disclaims liability for Your Resume or application information shared with Employers or made public.

By creating or uploading Your Resume, you authorize CaduceusLink or a CaduceusLink vendor to review Your Resume and provide feedback, job suggestions, and advice for additional information with applications. This feedback is provided directly to you and not made available to Employers. Use of any feedback or information from resume review services is at your discretion, and CaduceusLink is not liable for actions based on this feedback. CaduceusLink does not guarantee the suitability of recommended jobs.

CaduceusLink may match Job Ads with the contents of Your Resume and highlight similarities or missing elements. These highlights do not imply qualification or disqualification for a job, nor do they guarantee interviews or hiring. CaduceusLink is not responsible for the content, accuracy, or availability of Job Ads or highlights. By uploading a file resume, you agree that CaduceusLink may convert it to a different file type, and it is your responsibility to ensure its accuracy and completeness. CaduceusLink is not responsible for inaccuracies or information you post or send through the Site.

If you have a CaduceusLink account, Resume, or uploaded file resume, CaduceusLink may link Your Resume data with your LinkUP Profile, which consists of information you provide, including assessments, job preferences, and readiness to work. This information may be available to third parties, like Employers. You can control the visibility of your LinkUP Profile and Resume.

CaduceusLink may mask your contact information to mitigate fraud and limit the visibility of Your Resume. The decision to mask contact information is at CaduceusLink’s discretion. Employers may also contact you from masked numbers or emails. CaduceusLink may also limit the searchability of Your Resume to prevent illegal conduct or for other reasons.

In certain markets, CaduceusLink collaborates with organizations to assist Candidates in finding opportunities. These partnerships do not imply any formal business relationship. CaduceusLink may share limited information with these organizations, but is not responsible for their activities or Career Labs. CaduceusLink does not guarantee the effectiveness of third-party advice or services.

CaduceusLink may offer Candidates opportunities to showcase skills from training programs or courses on their Resumes. Candidates are responsible for their Resumes, job searches, and applications. CaduceusLink disclaims liability for Resume or application information shared with Employers or made public, and does not guarantee job application experiences, Employer contacts, interviews, or job offers.

  1. Applying to Jobs Through CaduceusLink

Whenever you submit a resume or application information through the Site, including personal data in a resume, application, or responses to screener questions and assessments (“CaduceusLink Apply”), it falls under the purview of this Agreement (including Section D.3) and CaduceusLink’s Privacy Policy. Terms such as “Apply Now,” “Easily Apply,” “Simple Apply,” “Apply from your phone,” “Apply with CaduceusLink,” “RSVP to hiring event,” or similar, all refer to “CaduceusLink Apply.” CaduceusLink may limit your ability to apply to Job Listings or use other CaduceusLink services to ensure the Site’s quality.

It’s your responsibility to verify the Employer you’re applying to through CaduceusLink Apply. Once your information is submitted to an Employer, CaduceusLink has no control over its use or disclosure. For requests regarding your information, contact the Employer directly. Unsubscribing from Employer calls via CaduceusLink does not affect already scheduled interviews. For alternative application methods, contact the Employer directly, as CaduceusLink is not responsible for the Employer’s application process.

By using CaduceusLink Apply, you authorize CaduceusLink to share your application information with Employers for specific Job Listings. CaduceusLink may reformat applications or messages sent to Employers and process responses according to this Agreement and Privacy Policy. You agree that CaduceusLink may compile your application materials for Employers upon their request.

CaduceusLink attempts to send applications to the contact information given by Employers, including their Applicant Tracking Systems (ATS). We cannot guarantee delivery, receipt, access, or action upon your applications. CaduceusLink is not responsible for incorrect application destinations provided by Employers. CaduceusLink’s integrations or interfaces may have errors, but we may notify you if such issues occur.

Applications may become void if Job Ads expire or are removed before they’re received. CaduceusLink is not responsible for delivering applications before a Job Ad’s expiration or removal. Applications may be stored even after Job Listings close or are removed from the Site. CaduceusLink is not liable for any technical malfunctions of third-party sites, including ATSs. If uncomfortable with this system, you may choose to apply directly to the Employer using alternative methods.

CaduceusLink is not responsible for the content of Employers’ job applications, messages, screener questions, skills assessments, or their format or delivery. Employers are solely responsible for complying with all applicable laws and offering alternative screening methods if required. CaduceusLink does not guarantee the identity of Employers or the safety of their hiring processes. Verify job offers before altering your employment situation. Candidates are responsible for verifying Employer information and job offers.

CaduceusLink Apply may automatically send rejection notices or interview invitations based on Employers’ instructions, without CaduceusLink’s discretion. Employers may use the Employer Assist feature to inform Candidates about application rejections. CaduceusLink is not responsible for the content or delivery of Employer Assist notices.

CaduceusLink’s functionality for Employers may group applicants based on criteria, but all applicants are accessible to Employers at any time. The Employer is solely responsible for screening and hiring decisions.

When applying for jobs through the CaduceusLink Job Search app, CaduceusLink may suggest information from your profile for your application. It’s your responsibility to review and accept these suggestions.

To combat fraud and spam, CaduceusLink may require email address verification. Failure to verify your email address when applying to a job through CaduceusLink may lead to application rejection.

  1. Job Matching and Recommended Jobs

Job matches on CaduceusLink are recommendations provided to both you, as a Candidate, and to Employers in various formats on the Site. For instance, CaduceusLink might suggest Job Ads similar to ones you’ve recently applied to or present Resumes to Employers that align with their Job Ads. This job matching feature is offered to you on a beta basis and is governed by our Beta Program (refer to section 9 of the Terms of Service for All Users for more details).

To generate these matches, CaduceusLink utilizes data gathered from both Employers and Candidates on our Site. This data encompasses Job Ads, Your Resume, your application materials (including responses to screener questions), CaduceusLink Assessments, and your activity on CaduceusLink, such as the searches you conduct, and the Job Ads you view, click on, and apply to. By using CaduceusLink, you give your consent and agree that this information may be used to offer potential job matches to you and to potential Employers.

Additionally, CaduceusLink may proactively send you job recommendations through the email address you used for job applications or the one associated with your CaduceusLink account.

  1. Communications and Other Actions on the Site

When interacting with communications or materials on the Site, including Job Listings, resumes, messages, applications, and other information, you consent to these being processed, analyzed, reviewed, and stored, which may involve automated means. This is for data analysis, quality control, enforcing Site rules, and improving CaduceusLink’s services. If you disagree with these terms, refrain from using the Site.

If an Employer interacts with your materials or communications on the Site, CaduceusLink may notify you of such actions. This includes informing you of an Employer’s actions regarding a Job Ad, your Resume, or your application, like viewing, responding, or making decisions. CaduceusLink may also inform Employers about your activities on the Site. You consent to these notifications, which could include emails, texts, or messages related to your or an Employer’s activity on the Site.

CaduceusLink offers interview reminders via text message when an Employer schedules interviews with you. By providing your phone number, you confirm it’s yours and consent to receive text message reminders, which may be sent via an automated system.

CaduceusLink may facilitate contact between Employers and Candidates for Job Listings through text messaging and call relay services, which are intended solely for job application purposes. CaduceusLink reserves the right to disable these services at any time for any user without notice. Technical delays may occur due to third-party providers.

CaduceusLink provides Text to Apply and Scan to Apply services, where you can text a keyword or scan a QR code from Employer-provided materials to apply to Job Listings. CaduceusLink is not responsible for these materials’ content or placement.

CaduceusLink may insert functionality in messages for direct calls to third parties and uses your email address to create an alias for communications instead of showing your actual email address. CaduceusLink groups messages as a courtesy and is not liable for the content or use of these communications.

Chatbots on CaduceusLink facilitate job applications and interactions but are automated and require your accuracy and completeness in information submission.

CaduceusLink may enable chat or communication options for certain Employers or Job Listings at its discretion. Browser or mobile push notifications can be turned off in your device settings.

In some countries, you can create an account with a phone number only (PNO Accounts), which has certain limitations. You bear the risks associated with phone number changes and third-party access. To unsubscribe from WhatsApp messages, reply STOP to the relevant message.

If you consent to receive text messages about interviews or recruiter invitations, you can unsubscribe at any time by texting “STOP” to the appropriate short code. Message and data rates may apply, and message frequency varies. Contact your wireless provider for questions about your text or data plan.

  1. Virtual Communications

Employers might invite you to participate in various virtual communications such as CaduceusLink Interview, CaduceusLink HireLink Platform, Virtual Evaluations, phone interviews, and video interviews, collectively referred to as “Virtual Interviews”. It’s important to understand that CaduceusLink is not a telecommunications provider but merely facilitates your communication with Employers using services potentially offered by third-party providers. Be aware that technical delays or malfunctions may occur due to these third-party services, and CaduceusLink cannot assure the technical capabilities of these third parties in managing such communications. Consequently, CaduceusLink does not guarantee any aspects of your Virtual Interview experience, including the transmission quality, audio/visual content, data security, or data usage.

CaduceusLink does not ensure the Employer’s availability or accuracy of contact information for Virtual Interviews. The Employer is solely responsible for the content of the interview and any hiring decisions. Additionally, Employers are accountable for any necessary accommodations during Virtual Interviews.

Please be aware that Virtual Interviews may be recorded. If an Employer enables recording or you opt to pre-record an interview, you should acknowledge any notification indicating that recording is in progress. If you do not consent to being recorded, you should either not pre-record or immediately exit the Virtual Interview. By participating in Virtual Interviews, you agree to the potential recording, storage, access, and analysis of these recordings by CaduceusLink and third-party providers. Employers receiving pre-recorded interviews or enabling recording functions may use, store, analyze, and share these recordings, and CaduceusLink has no control over such activities. CaduceusLink is not liable for any claims related to the recording of Virtual Interviews.

It’s crucial to understand that there is no protection for any information or data you transmit during Virtual Interviews, including audio/visual content, interview responses, or your image. CaduceusLink is not responsible for securing or protecting any data you share or transmit during these interviews. Any misuse of data shared or transmitted through Virtual Interviews is not CaduceusLink’s liability. Also, CaduceusLink does not guarantee the availability or retention of any recordings of Virtual Interviews. You acknowledge that using Virtual Interviews is at your own discretion and risk, and CaduceusLink disclaims all liability related to your use of such interviews.

  1. Screening Tools

CaduceusLink provides Employers with various screening tools for use in their application processes, including screener questions, phone screen tools, and assessments. These tools are licensed to Employers for their use as they see fit. As a Candidate, you acknowledge that the decision to use these tools and the content of the questions are determined solely by the Employer, not by CaduceusLink. The Employer is responsible for deciding the criteria for candidate qualification and bears full responsibility for the use of the screening tool, especially in cases where results are considered to have a “disparate impact.”

It is important to understand that CaduceusLink does not function as an employment agency by offering these screening tools. The role of CaduceusLink is to facilitate the exchange of information between Employers and Candidates as they decide. CaduceusLink is not involved in procuring employees for Employers or finding employment opportunities for Candidates. Any responsibility related to the content of the screening tools, interview requests, job offers, employment acceptances or rejections, and other issues arising from the use of these tools lies solely with Employers or Candidates, as applicable.

You also acknowledge that only the Employer is responsible for providing alternative screening methods if required by the Americans with Disabilities Act or similar laws. While CaduceusLink aims to design and develop accessible offerings guided by WCAG 2.1, Level AA standards, as detailed in our accessibility statement, we recognize that each disability is unique. Therefore, CaduceusLink does not guarantee that the delivery method of these screening questions complies with the Americans with Disabilities Act or any equivalent or similar law.

  1. CaduceusLink Assessments

CaduceusLink offers an online tool, CaduceusLink Assessments, for Employers to send skill assessments (“Assessments”) and for Candidates to respond (“Responses”). Employers use this tool at their discretion, and as a Candidate, you understand that the questions in Assessments are solely determined by the Employer, not CaduceusLink. An Assessment evaluates specific skills but does not assess a Candidate’s overall job qualification. The decision to use your Response and its relevance to a job is solely up to the Employer. Participating in an Assessment does not guarantee a job, job offer, specific salary, or further communication from any Employer.

Employers may direct CaduceusLink to send rejection notices based on Assessment Responses. CaduceusLink has no control over these rejections. Employers are also responsible for deciding the relevance of retaken Assessments in their hiring process.

Employers select the Assessments associated with their job openings, and CaduceusLink does not influence this selection or usage. You may request additional time for Assessments, but CaduceusLink cannot guarantee the Employer’s response to such requests. While CaduceusLink aims to develop accessible offerings guided by WCAG 2.1, Level AA, it does not warrant that the Assessment delivery method complies with disability laws. Any required accommodations must be requested directly from the Employer.

Assessment and Response contents should remain confidential. CaduceusLink may remove or exclude any Assessment or Response from the Site without liability or notice. Assessment links may remain active even after an Employer pauses or closes their job campaign. Results from Assessments you complete can be added to your CaduceusLink Profile or used for other job applications.

You may choose to share Responses to specific Assessments with other Employers in the future. This sharing preference is separate from your CaduceusLink Profile settings.

Your Responses and related communications are processed and analyzed by CaduceusLink under this Agreement and the Privacy Policy. CaduceusLink may reformat or aggregate Responses for review by Employers or for statistical purposes. CaduceusLink is not responsible for securing or protecting data shared during Assessments.

Do not include sensitive personal or proprietary information in Responses. CaduceusLink does not operate as an employment agency with the Assessments tool. The responsibility for the content and use of Assessments and Responses lies with Employers and Candidates.

Your rights under employment, equality, discrimination, consumer reporting, or credit reporting laws are applicable against Employers, not CaduceusLink. CaduceusLink is not a party to agreements between Employers and Candidates and is not liable for any costs or damages from such transactions.

CaduceusLink disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of the Site, the Assessments tool, and any Assessment or Response.

  1. Career Lab

CaduceusLink offers a variety of career enhancement services, including resume review, resume scan, offer coaching, live video consulting sessions, writing services, general career guidance, and other consultation services, collectively termed “Career Lab.” By engaging with Career Lab, you are consenting to receive these services from CaduceusLink or an authorized CaduceusLink vendor. It’s important to note that Career Lab is intended for your personal employment-related advice and not for use on behalf of others. Additionally, CaduceusLink may occasionally provide career or hiring guidance through blog posts, emails, or other channels as part of its services, which are designed to offer helpful tips and best practices for job seekers and employers alike.

When using Career Lab, you are required to provide complete and accurate information in any forms you fill out. Any information you upload, such as resumes, will be treated as User Content and handled according to the terms outlined in the User Content sections of this Agreement. The career-related feedback and guidance provided by CaduceusLink or its vendors are for informational purposes only and are not a substitute for professional career counseling or staffing services, except in specific services like CaduceusLink Agent in Japan where it’s expressly noted. CaduceusLink’s role is to provide suggestions and best practices, but the ultimate responsibility for your job search or hiring process lies with you.

All materials provided in the Career Lab, including video feedback and hiring tips, are owned by CaduceusLink. When you utilize the Career Lab, CaduceusLink grants you a non-exclusive, non-transferable, and non-sublicensable license for personal, non-commercial use of these materials.

In some aspects of Career Lab, you may have the opportunity to interact with third-party career coaches or professional writers. These individuals are not employees of CaduceusLink, and the company is not responsible for the content of any discussions or the outcomes resulting from such interactions. It’s essential not to share confidential or sensitive personal information with these third parties. While CaduceusLink facilitates these interactions, it does not guarantee the effectiveness or quality of the advice or recommendations received. By using any feature of Career Lab that involves live video services, you are also agreeing to the privacy policy of Whereby, the third-party platform used for these services.

Regarding payments for Career Lab services, charges will be as indicated on the Site. CaduceusLink maintains discretion over refunds, which are subject to limited cancellation rights and may be issued in a form deemed appropriate by CaduceusLink. Your payment information, including credit card and bank details, may be shared with third-party service providers working on behalf of CaduceusLink.

For cancellations, please contact CaduceusLink at career-services@CaduceusLink.com.

CaduceusLink reserves the right to cancel or suspend access to any part of Career Lab at its discretion, with or without prior notice. Users may terminate their use of Career Lab services at any time. CaduceusLink also reserves the right to refuse offering Career Lab to anyone at its sole discretion.

  1. Salary and Other Information Provided by CaduceusLink

CaduceusLink offers various salary and content information solely for informational purposes. For instance, you may find estimated salaries for specific Job Listings, data on the number of applications a Job Listing receives, responses to screener questions, or the probability of certain events, like being selected for an interview. It’s important to note that this information is based on estimates and is provided without any warranty. It may change and vary in accuracy. All salary figures on CaduceusLink are approximations, derived from multiple sources, including third-party contributions and CaduceusLink affiliates. These figures are intended for general comparison and should not be the sole basis for decision-making. Be aware that minimum wage varies by jurisdiction, and direct consultation with employers is recommended for actual salary figures.

CaduceusLink might assign labels or badges to Employer names or Job Ads, such as “Responsive Employer,” “Active Employer,” or “Hired on CaduceusLink.” Employers can request these labels, but CaduceusLink decides how they are awarded and which Employers are eligible. A lack of label or badge may simply reflect insufficient data for determination. Some data may come from Employers, and CaduceusLink does not vouch for its accuracy. Labels or badges added to Job Ads, like pay types or benefits, are based on job description data and are for informational purposes only, without any accuracy guarantee.

Publicly available information about employers is also displayed on Company Pages. This information, used for informational and promotional purposes, can change and might be sourced from or generated by third parties. CaduceusLink is not responsible for the content’s accuracy, completeness, legality, or reliability, including any translations done using the Google Translate API. For the most current and accurate company information, it’s best to contact the Employer directly.

  1. Your Candidate Data

As a Candidate using CaduceusLink, your interactions and information provided on our Site are diverse and extensive. For instance, you perform job searches, and CaduceusLink records details like job titles you search for, click on, job locations, salary ranges or experience levels of viewed jobs (if specified in the Job Listings), the Job Listings you apply to, your activity level or recent activity time on CaduceusLink, and any direct information you provide, including desired salary, past experience, your CaduceusLink Profile details, and other Site behaviors. This data, which you’re fully aware of as the provider or actor of such activities, is exclusively related to your actions on the Site. By using CaduceusLink, you acknowledge and consent to CaduceusLink’s collection, recording, processing, analyzing, and storage of all information and activities you undertake on the Site, as well as all interactions and communications you have on, with, or through the Site.

When you initiate a job application on a website run by an Employer or its applicant tracking system, CaduceusLink may gather specific information about you and your actions during the visit through automated means such as APIs, cookies, and web beacons. This includes, for instance, details about the Job Listings you viewed and the job applications you commenced and completed. Employers providing tracker functionality are obligated to issue any necessary notices and obtain required consents as per applicable law. However, it’s important to recognize that CaduceusLink does not control these Employers or their websites. You consent to CaduceusLink’s use of and receiving information from such tracker functionalities.

If you have a CaduceusLink account or a Candidate Resume, you agree that CaduceusLink may link this data with your CaduceusLink Profile and utilize this observed factual data to recommend jobs to you and to suggest your Searchable resume to Employers who may be interested in a candidate matching your CaduceusLink behavior. You also consent to CaduceusLink contacting you based on this observed behavior or provided information on behalf of Employers or CaduceusLink itself. Note that the above does not include information sent by third parties, although CaduceusLink may publicly display your recent interactions with third parties through the CaduceusLink Site. Moreover, setting Your Resume to Searchable allows CaduceusLink to share all mentioned information about you with third-party Employers. If you prefer not to share such information, you can set Your Resume to Not Searchable. Be aware that changes made to your CaduceusLink Profile, including updates or settings adjustments on Your Resume, may take a few days to reflect.

You may choose to provide CaduceusLink with certain demographic information about yourself, such as race, ethnicity, gender, age, LGBTQ+ community membership, disability status, or arrest or conviction record (“demographic data”). By opting to provide your demographic data, you agree that CaduceusLink may use it for product evaluation and improvement, and share aggregate summaries of Candidate information with employers. If you do not wish your demographic data to be used this way, you can choose not to provide it to CaduceusLink or request its removal if already provided. You acknowledge that another Candidate’s demographic data is personal information, and you waive any right to request or view such data from other Candidates, as permitted by law.

CaduceusLink may need to comply with legal or governmental requests or establish or exercise its legal rights or defend against legal claims. This means CaduceusLink might have to disclose user data, including demographic data, in response to legal processes from courts or law enforcement.

Also, be aware that some Employers may invite job applicants to voluntarily provide demographic information like race, ethnicity, sex, disability, and veteran status with their applications. This is a separate process from CaduceusLink’s collection of demographic data, and CaduceusLink is not responsible for these Employer questions. If you have concerns about an Employer’s application materials, you should contact the Employer directly or refer to their privacy policy.

  1. CaduceusLink HireLink Platform

The CaduceusLink HireLink Platform is a comprehensive system designed to enhance and streamline the hiring and decision-making processes for Employers. This platform offers access to various products, including CaduceusLink Interview and related services. As a user of the CaduceusLink HireLink Platform, you may be invited by Employers to participate in hiring activities supported by this platform. It is crucial to understand that Employers independently choose how to utilize the CaduceusLink HireLink Platform for their job openings, tailoring it to meet their specific job requirements and hiring needs.

You should be aware and agree that Employers are solely responsible for adhering to all applicable laws concerning their employment and hiring practices. This includes compliance with Title VII and similar legislation. In this regard, Employers indemnify CaduceusLink against any claims arising from their use of the CaduceusLink HireLink Platform or similar products. CaduceusLink disclaims any liability and does not provide any warranty regarding the compliance of Employer’s use of its services with Title VII or any analogous law.

CaduceusLink does not have any involvement in or control over Employers’ hiring or decision-making processes. It is also important to recognize that CaduceusLink does not act as an employment agency in providing the CaduceusLink HireLink Platform and related tools. The platform serves as a facilitative tool allowing Employers and Candidates to exchange information according to their discretion. By engaging with the CaduceusLink HireLink Platform, you acknowledge that CaduceusLink’s role is not to procure employment for Candidates or employees for Employers. CaduceusLink simply offers the platform as a means for Employers and Candidates to interact and share information as they deem fit.

  1. CaduceusLink HireLink

When you apply for a job via CaduceusLink HireLink or engage with it as a Candidate, you’re acknowledging and agreeing to CaduceusLink HireLink’s use of the Site and its various tools on behalf of Employers. This includes services like CaduceusLink Apply, Virtual Interviews, Assessments, and other screening resources. Additionally, you consent to CaduceusLink HireLink utilizing the information you provide, along with data collected through the Site, to identify potential job opportunities for you and to recommend you to prospective Employers.

It’s important to understand that Employers who utilize CaduceusLink HireLink retain full responsibility for defining their job requirements, tailoring their recruitment efforts to their specific needs, and making their own hiring decisions. By interacting with CaduceusLink HireLink in your job search, you should be aware that there are no guarantees of job interviews, job placement, being deemed suitable for a particular role, or securing employment. You are fully responsible for the choices and actions you take during the recruitment process, including how you respond to job offers. This means making informed decisions and understanding the nature of the recruitment landscape as you navigate through it with CaduceusLink HireLink.

  1. Governing Law and Dispute Resolution

This Agreement and any disputes connected to or arising from it, or related in any capacity to the Site (“Dispute”), will be governed in all aspects, including aspects like validity, interpretation, and execution, by the laws of the State of North Carolina, United States of America. This applies if you are located in the United States and is without regard to conflict of law principles. Any legal actions, lawsuits, or proceedings concerning such a Dispute must be exclusively filed in the courts situated in Forsyth County, North Carolina, USA, if you are based in the United States. By agreeing to these terms, both parties’ consent to the exclusive personal jurisdiction of either the federal or state courts located in Forsyth County, North Carolina, USA. It’s important to note that this agreement does not affect the application of mandatory legal provisions, particularly those from the country where you habitually reside, such as consumer protection laws.

Additionally, if you are located in the United States, you hereby waive any right to a jury trial in relation to any legal action or litigation that emerges from or is associated with your use of the Site or these terms of service. This waiver is an important consideration in understanding the legal framework under which you engage with the Site and its services.

  1. Class Action Waiver

By engaging with the Site or any of its components (collectively referred to as “Program Elements”), and in exchange for the services provided by CaduceusLink, you acknowledge that these services are available to you only under the specific terms and conditions set forth in this Agreement. As a part of the consideration for your access to and use of the Site and the Affiliate Program, you agree to forego initiating or participating in any class-action lawsuit against CaduceusLink in connection with your use of the Site. This includes not suing as a class plaintiff or class representative, not joining as a class member, nor participating as an opposing party in a class-action lawsuit against CaduceusLink.

Furthermore, as a Candidate using the Site, you recognize that your access to job search features, CaduceusLink Apply, and other complimentary services on the Site are not paid services. Your acceptance of this Agreement, including the Class Action Waiver contained herein, is a critical component of the agreement that permits your free use of the Site. If any part of these terms is unacceptable to you, you should discontinue your use of the Site immediately. However, it’s important to note that this section does not restrict your ability to file a lawsuit as an individual plaintiff, including in a small claims court, subject to the stipulations outlined in Section 13 of this Agreement.

Terms of Service for Employers

The terms and conditions outlined here are specifically applicable to Employers and any other users who access or use the Site for purposes related to employment opportunities. This includes, but is not limited to, individuals or organizations posting job openings on their own or another’s behalf, and agencies that purchase services for multiple parties. By accessing or using the Site, you acknowledge and agree to these terms. Additionally, you agree to abide by the Terms of Service for All Users.

It’s important to clarify that in instances where there might be an overlap or conflict between the Terms of Service for All Users and the Terms of Service for Employers, the Terms of Service for Employers will take precedence.

In the context of this Section B of the CaduceusLink General Terms of Service, any references to “you” or “your” specifically refer to you as an individual or organization utilizing the Site in the capacity of an Employer or in any other described capacity related to employment opportunities. Your role and actions on the Site should align with these specified terms and conditions to ensure compliance and a clear understanding of your responsibilities and rights within the platform.

  1. Employer Accounts

When you create an account, a Company Page, or post job listings, including links to third-party websites (“Job Listings” or “Job Ads”) on CaduceusLink, whether as part of the CaduceusLink AdsLink Platform or otherwise, you are agreeing to this Agreement, which includes the Data Processing Agreement, terms associated with any CaduceusLink service you use, and all of CaduceusLink’s policies, such as the Privacy Policy and Cookie Policy.

Creating a CaduceusLink account may involve identity verification, potentially through a third-party service like ID.me. Using ID.me means you are directly interacting with them and sharing your identification with them. ID.me is responsible for any data collection, usage, storage, processing, or loss of data you provide, including biometric identification. CaduceusLink does not collect or receive any biometric information from ID.me.

When accessing or using the Site as an Employer or representative of an Employer, or creating an account on behalf of an Employer, you warrant that you have the authority to bind the Employer to this Agreement. Information provided through such accounts, like actions taken, is visible to the Employer. Employer Profiles contain information you provide in the account settings.

Employer accounts are intended for business use, and CaduceusLink disclaims liability for misuse or false use of email. By registering, you agree to receive mandatory account activity updates. Sending emails from untruthful or incomplete addresses is prohibited and may lead to email rejection.

Employers can request account deactivation through the Employer Help Center. CaduceusLink may retain business records for legal compliance. Employer agents can follow steps in the Privacy Policy’s “Your Personal Data Rights” section to access or delete their data.

Linked Accounts involve multiple users linked to a single account. Account owners can assign different access levels to users. As an Admin, you represent your authorization to allow data and access sharing and agree to indemnify CaduceusLink against claims arising from this. Linked Account users may access account information, including candidate data and billing info. Admins can unlink users at any time.

For accounts with payment methods on file, CaduceusLink may charge for ordered products or services, including billing errors.

CaduceusLink may notify Candidates of compromised Employer accounts but does not guarantee notice delivery or accuracy.

CaduceusLink offers suggestions and information as a courtesy without warranty. Employers are responsible for their Site usage and compliance with laws, including job postings and hiring decisions. CaduceusLink disclaims liability for actions taken based on its information and may limit job posting visibility for non-compliance with laws like minimum wage requirements.

Agency partners in the CaduceusLink Partners Program can achieve ranks like “Diamond,” “Rhodium,” or “Platinum” based on engagement and revenue. CaduceusLink determines and may revoke these ranks at its discretion.

  1. Employer Services Including CaduceusLink Apply and Screener Questions

By utilizing our services, you agree to various provisions regarding the use of CaduceusLink for managing job listings and candidates. CaduceusLink may activate certain functions such as the CaduceusLink Apply relay function to facilitate candidate interactions with your job listings. Candidates can express their interest in job listings through CaduceusLink Apply, and CaduceusLink will forward applications to the email address you provide. Additionally, CaduceusLink may utilize a chatbot for candidate applications, where the responses received from candidates are treated as job applications.

When you utilize CaduceusLink’s candidate management tools, like your Employer Dashboard or the CaduceusLink Apply relay function, you acknowledge that CaduceusLink may offer features that allow you to perform actions related to candidates, such as scheduling interviews, reviewing resumes, or rejecting applicants. These tools may compile candidate application materials, including resumes, answers to screening questions, and assessment responses into a single document or webpage. It’s important to note that CaduceusLink is not responsible for maintaining or storing these application materials, and you are responsible for complying with relevant record retention and reporting requirements.

Your use of these tools implies your consent for CaduceusLink to process and analyze any information shared through the platform in accordance with the agreement and CaduceusLink’s Privacy Policy. CaduceusLink may retain this information even if a job vacancy is filled. Candidate Summaries, generated based on candidate information and your job descriptions, may be provided by CaduceusLink, but these summaries are not employment recommendations. Employers are expected to review the full applications and not base their hiring decisions solely on these summaries.

In certain cases, CaduceusLink may verify candidate skills, certifications, or qualifications, but it does not guarantee the accuracy of such verifications. You are responsible for verifying information found on the site.

Whether you use CaduceusLink directly or an Applicant Tracking System (ATS), you are responsible for the content, format, and compliance of your emails, application forms, screening questions, job listings, and messages. CaduceusLink disclaims any liability related to the legality of such content. You also bear the responsibility for ensuring compliance with various laws, such as minimum wage requirements, wage transparency laws, and regulations related to collecting and reporting demographic information about applicants.

If you modify or close any of your job listings, you must promptly update the information on CaduceusLink or inform them accordingly. CaduceusLink may offer mechanisms for handling accommodation requests from candidates, and it is your responsibility to ensure that your selection criteria comply with relevant laws and do not discriminate against individuals with disabilities or other protected categories.

CaduceusLink reserves the right to reject or remove any job listings or candidate questions for any reason, particularly those that may discriminate directly or indirectly against candidates or violate applicable laws. You must refrain from posting content that discriminates against candidates or violates the law, and you are responsible for ensuring that your job listing requirements and criteria are lawful and job-related.

CaduceusLink cannot guarantee the delivery of candidate emails or materials or the absence of transmission errors. You are solely responsible for checking your Employer dashboard for job applications and information, and you should not rely solely on notifications.

In case a message is intended for a closed account, it will not be delivered. If you are uncomfortable using CaduceusLink’s relay functions to send messages, such as offer letters, you should use alternative methods to contact candidates. While CaduceusLink will attempt to forward applications to the contact information you provide, it cannot verify the accuracy of this information, and any incorrect information provided is your responsibility.

When posting job listings in countries with data protection regulations, you must ensure that the cross-border transfer of personal data complies with applicable laws. This includes making sure that any personal data collected through CaduceusLink is accessed or received by you in compliance with local data protection laws.

CaduceusLink may collect demographic information from candidates applying to your job listings, but you have no right to view or access this information without the candidate’s permission. You are responsible for complying with nondiscrimination laws and should not rely on CaduceusLink’s demographic data for hiring decisions.

When using CaduceusLink Apply, CaduceusLink may add features to emails, send reminder emails, or highlight qualifications required for your job positions. However, CaduceusLink does not verify candidate identities or motivations for applying to your job listings, so you should not assume that all candidates meet your criteria or are genuinely interested.

By using automated phone screens, you request CaduceusLink to provide candidates with a telephone number to answer your screening questions. CaduceusLink will record and forward the candidates’ answers, but it does not guarantee the delivery or timing of these phone screens.

You are responsible for indemnifying and defending CaduceusLink against any third-party claims related to content you post on the platform, including job listings, application materials, and messages. CaduceusLink may provide job ad analytics data and employer account information to authorized personnel at your company.

CaduceusLink may use data from your interactions with the platform, including job listings, resumes, applications, and messages, for analysis, quality control, and product refinement purposes. You consent to CaduceusLink informing candidates about your actions and activities related to their applications.

CaduceusLink may add labels or badges to employer names or job ads based on certain criteria, but the absence of a label does not imply non-qualification. The accuracy of these labels is not guaranteed, and CaduceusLink can change or remove them at its discretion.

If you use CaduceusLink’s Application Programming Interface (API) or employ a third-party developer to create ATS integrations, you are bound by the terms and policies outlined by CaduceusLink. You assume all risks associated with API usage, and CaduceusLink disclaims liability for API-related issues.

When appointing a third-party developer for ATS integration, you are responsible for ensuring compliance with data protection laws and indemnifying CaduceusLink for any related claims. Additionally, you are responsible for verifying the accuracy of information provided by candidates who claim to have verified their email addresses.

Compliance with governmental record-keeping requirements, such as the OFCCP’s internet applicant record-keeping rule, is solely your responsibility.

  1. Job Match

Job matches are recommendations that can be presented to both employers and candidates on the Site in various formats. For instance, CaduceusLink may suggest resumes that align with job ads you have posted or recommend job ads to candidates that are similar to the positions they have recently applied for. It’s important to note that job matching is provided to you as part of a beta program, as outlined in section 9 of the Terms of Service for All Users.

To generate these matches, CaduceusLink leverages data collected from both employers and candidates on our site. This data includes job ads, resumes, application materials (including responses to screener questions), CaduceusLink assessments, and user interactions on CaduceusLink, such as search activities and interactions with job ads. By using our services, you agree and consent to CaduceusLink utilizing this information to provide you with potential job matches and to offer potential candidates matching job opportunities.

  1. Salary, Applies or Other Information Provided by CaduceusLink

CaduceusLink may occasionally provide users with information and content solely for informational purposes. For instance, CaduceusLink might furnish candidates with data related to estimated salaries for specific job listings, the number of applications received for a particular job listing, or responses to certain screener questions associated with a job listing. Likewise, CaduceusLink may offer employers estimated application counts for their job listings. Please be aware that all such statistics provided by CaduceusLink are approximate and serve informational purposes only. They may originate from third-party sources and are subject to change or varying levels of accuracy.

In situations where you are utilizing the CaduceusLink AdsLink Platform and your sponsored job advertising budget is determined on a per-application basis, your charges will be based on CaduceusLink’s determination of the application count as displayed in your employer dashboard. This will not be based on the number of applications provided to candidates for informational purposes only.

CaduceusLink may also assign labels or badges to job ads, such as indicators of pay types, specialties, benefits, or union associations, based on the content within the job description. Please note that these labels and badges are provided for informational purposes exclusively, and CaduceusLink does not guarantee the accuracy of any such label or badge. Furthermore, CaduceusLink may include salary estimates on pages other than job listings on the Site.

It is essential to recognize that all salary figures are approximations derived from multiple third-party submissions to CaduceusLink, including those from CaduceusLink affiliates. These figures are provided to users solely for generalized comparisons and informative purposes. CaduceusLink may also offer data regarding impressions related to your job ad, which is likewise intended for informational purposes, subject to change, and without guaranteed accuracy. CaduceusLink reserves the right to modify the methodology for measuring such figures at any time.

CaduceusLink may provide job post templates for informational purposes only. By using any of this content, you assume responsibility for its accuracy, appropriateness, and compliance with all applicable laws. All content provided by CaduceusLink, including template job post information and estimated applications for a given job posting, is strictly for informational purposes, may incorporate or rely on information from third-party sources, is provided without warranties, and is subject to change and varying degrees of accuracy. Estimated applications do not constitute a guarantee of future performance.

  1. Screening Tools

CaduceusLink provides screening tools for your use when evaluating candidates who apply to your job postings. These tools include screener questions, phone screen tools, and assessments. It’s important to understand that when you use these screening products, you are responsible for determining how and when to use them as part of your application process. The questions you ask and the criteria you set are entirely at your discretion, and CaduceusLink does not dictate or influence them.

You also agree that you will use these screening tools in compliance with applicable laws, including the Fair Credit Reporting Act, employment and anti-discrimination laws such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and other federal, state, and local regulations. Additionally, you acknowledge the importance of ensuring that your selection criteria are job-related and that you do not ask disability-related or medical questions that may violate the law. You are responsible for providing reasonable accommodations and responding to accommodation requests from candidates.

If a candidate requests an accommodation, CaduceusLink will direct them to contact you using the information you provided to CaduceusLink. You are responsible for monitoring your inbox for such requests. While CaduceusLink strives for accessibility, it does not guarantee compliance with the Americans with Disabilities Act or similar laws. You also agree to indemnify CaduceusLink for any claims arising from your use of screening tools, including claims related to compliance with disability laws or allegations of “disparate impact.”

CaduceusLink may offer the Employer Assist feature, which allows employers to send rejection notices to candidates on their behalf. To prevent a rejection notice from being sent, you must express interest in the candidate’s application on CaduceusLink. Any direct interactions with candidates, such as phone calls or emails outside of CaduceusLink’s platform, are not visible to CaduceusLink and will not prevent the sending of an Employer Assist rejection notice. If you activate Employer Assist, candidates with whom you do not interact within your chosen time frame will receive rejection notices, and you agree to indemnify CaduceusLink from any resulting claims.

CaduceusLink may provide functionality that categorizes candidates based on their qualifications, such as their resume content or responses to screener questions, and offers employers the option to automatically schedule calls with qualified applicants. However, it’s important to understand that this functionality does not make hiring decisions. Employers retain full control over their hiring processes and should not rely solely on this functionality or allow it to override decisions based on other factors. This tool should be used in conjunction with human discretion and review.

In summary, when using CaduceusLink’s screening tools and features, employers have the responsibility to use them in compliance with relevant laws, provide accommodations as needed, and exercise their discretion in the hiring process. CaduceusLink’s tools are designed to assist but should not replace human judgment and decision-making.

  1. Communication through CaduceusLink

CaduceusLink offers various communication tools and features for employers and candidates, including messaging, email notifications, and relay services. Here are the key points related to these features:

Courtesy Messages and Notifications: CaduceusLink may send messages, emails, or notifications related to your or a candidate’s activity on the site. However, these messages are provided as a courtesy, and you should not solely rely on them for important communications.

Masking Contact Information: CaduceusLink may mask or hide contact information, such as phone numbers and email addresses, to protect user privacy. You agree to accept communication from candidates using these masked contact details.

Use of Messaging Services: CaduceusLink’s messaging services are intended for hiring purposes related to your job listings. Avoid using these services for sending bulk messages unless specifically authorized.

Processing and Storage of Communications: By using CaduceusLink’s communication features, you agree to allow CaduceusLink to process, analyze, review, and store these communications for various purposes.

Employer Assist: This feature allows CaduceusLink to send rejection notices on your behalf. To prevent these notices, you must interact with candidates through CaduceusLink.

Text Messaging Relay and Call Relay Services: CaduceusLink may offer text messaging relay and call relay services to facilitate contact between employers and candidates. These services should only be used for hiring purposes.

Text to Apply and Scan to Apply: These services allow candidates to respond to job listings via text messages or QR codes. Ensure that candidates are aware they need an CaduceusLink account to complete their applications.

Signage and Marketing: If you use signage or marketing materials related to Text to Apply or Scan to Apply, comply with CaduceusLink’s guidelines and update signs as requested.

Cancellation: You can cancel Text to Apply or Scan to Apply services at any time by removing signs and notifying your CaduceusLink representative. However, be aware that associated keywords, phone numbers, or QR codes may no longer be available after cancellation.

When using CaduceusLink’s communication features and services, review and understand these terms to ensure compliance and proper use.

  1. Virtual Communications 

CaduceusLink provides tools and services for managing virtual and remote communications with candidates, including virtual interviews, phone interviews, and video interviews. Here are the key points related to these features:

Virtual Interviews: CaduceusLink offers services for scheduling and conducting virtual interviews with candidates, utilizing third-party telecommunications service providers. CaduceusLink is not a telecommunications service provider and disclaims any warranties related to the quality or availability of these services.

Accessibility: Employers are responsible for providing alternative communication methods for individuals with disabilities, as required by the Americans with Disabilities Act or similar laws.

Data Security: Users are responsible for the security of any information shared or data transmitted during virtual interviews. CaduceusLink does not guarantee data protection and assumes no liability for data misuse.

Inviting Representatives: Employers can invite additional representatives to join virtual interviews. CaduceusLink extends invitations based on provided email addresses, but inaccuracies in contact information are the user’s responsibility.

Third-Party Providers: CaduceusLink facilitates communication with candidates through third-party providers but is not a party to virtual interviews or arrangements made with candidates. Employers are responsible for accommodating candidate requests, such as sign language interpreters.

Recording Virtual Interviews: Employers must obtain permission from candidates and all participants before recording virtual interviews. Recordings are subject to applicable laws. Employers agree to defend and indemnify CaduceusLink against any related claims or liabilities.

Virtual Evaluations: Recordings and information obtained through virtual evaluations are for internal hiring purposes only. Employers determine interview questions and are solely responsible for their use. CaduceusLink may facilitate invitations to candidates or auto-invitations based on selection criteria, but the employer retains full responsibility.

Retention and Deletion: Recordings and transcripts associated with virtual evaluations are retained for one year from the date of completion by the candidate. After this period, they are permanently deleted. Employers must ensure compliance with record retention requirements.

User Content: Content related to virtual evaluations, including interview questions, recordings, transcripts, and other information, is considered User Content and is subject to the terms outlined in CaduceusLink’s Terms of Service.

By using CaduceusLink’s virtual interview and evaluation services, users agree to these terms and responsibilities.

  1. Company Pages, Enhanced Profiles, Employer Branding Hub

When you post a job advertisement on CaduceusLink, the platform may automatically create a Company Page and/or a Profile Page for your company. Here are the key details regarding these pages:

Company Page: CaduceusLink may publicly display publicly available information about your company on the Company Page, following applicable laws. CaduceusLink can claim the Company Page on your behalf, allowing you to edit and add information to it. Users, even those not affiliated with your company, can post User Content on the Company Page.

Responsibility: You are solely responsible for any content you edit or post on a Company Page, including photos, videos, and links to third-party websites.

Premium Services: CaduceusLink offers premium services, such as CaduceusLink Company Pages Premium (CMPP) and CaduceusLink Enhanced Profile (CEP), through a subscription model and may charge accordingly based on an insertion order (IO). These services come with specific features accessible by subscription, and CaduceusLink may modify or remove these features at its discretion.

Accuracy of Data: Any analytics, insights, or figures provided by CMPP or Employer Branding Hub features are not guaranteed to be accurate, and it’s your responsibility to assess their suitability for your needs. CaduceusLink Enhanced Profile (CEP) and related analytics are subject to CaduceusLink’s Terms of Use, except when conflicting with CaduceusLink’s Terms.

User Content: CaduceusLink hosts User Content submitted by users, including salaries, reviews, photos, Q&A responses, and more. User Content is subject to moderation, and CaduceusLink applies the same standards for all employers. The decision to remove User Content is at CaduceusLink’s discretion.

Cancellation: You can cancel your participation in CMPP, EP, or Employer Branding Hub by notifying CaduceusLink. Cancellation typically takes effect at the beginning of the next calendar month, with prorated refunds for unused annual subscriptions. Annual subscriptions do not auto-renew by default, requiring manual renewal via an IO. If you have an auto-renewing EBH annual subscription, you can cancel it without charges by notifying CaduceusLink at least 30 days before the renewal date. Taxes are your responsibility.

Featured Employer: CaduceusLink may offer some employers the opportunity to be featured more prominently on the site as a “Featured Employer.” This designation is at CaduceusLink’s discretion and may depend on factors like the number of ads and spending on the platform. CaduceusLink can modify or remove the Featured Employer program at any time without notice.

  1. CaduceusLink Academy (LinkED)

If you or someone from your company is a member of CaduceusLink Academy, please note the following restrictions regarding the use of Graduate logos:

  • You can use the Graduate logos for your individual use only.
  • Use of the Graduate logo to represent organizations or for commercial purposes is not allowed.
  • You are prohibited from making any representation that suggests you are recruiting on behalf of CaduceusLink, working for CaduceusLink, or in any form of co-employment or contractor relationship with CaduceusLink.

Furthermore, it’s important to understand that this agreement does not establish a joint venture, partnership, principal-agent relationship, or employer-employee relationship between you and CaduceusLink, unless otherwise explicitly agreed upon in writing. If you misrepresent your affiliation with CaduceusLink in a manner contrary to these terms, CaduceusLink reserves the right to remove you from CaduceusLink Academy at its sole discretion.

  1. HR Management Tools

If you are an employee using CaduceusLink’s HR Management Tools, please be aware of the following:

  • Your use of HR Management Tools is subject to the terms of this Agreement.
  • CaduceusLink provides these tools for your and your employer’s use, but it does not take responsibility for how they are used.
  • CaduceusLink does not offer legal advice, and it cannot guarantee that your employer will configure or use the HR Management Tools in compliance with the law.
  • Your employer is responsible for ensuring that the HR Management Tools are used in a legal and appropriate manner.
  • If you have any questions or concerns about the legality or appropriateness of how HR Management Tools are configured or used, you should address them directly with your employer.

In summary, while CaduceusLink provides HR Management Tools, it is your employer’s responsibility to ensure their proper and lawful use.

  1. Governing Law and Dispute Resolution

This Agreement and any disputes arising from or related to it or the Site will be governed by the laws of the state of North Carolina if you are in the United States. Any legal actions or proceedings related to such disputes must be filed exclusively in the courts located in Forsyth County, North Carolina, USA. Both parties involved consent to the exclusive jurisdiction of these courts.

If you wish to obtain user information from CaduceusLink, you agree not to initiate pre-suit discovery proceedings for this purpose. Instead, you commit to following the appropriate legal procedures, including serving a valid federal, North Carolina, or North Carolina-domesticated request to our registered agent in North Carolina at the following address: CaduceusLink, Inc., c/o Registered Agents, 1999 Bryan Street, Suite 900, Raleigh, NC 75201. You also agree to submit to the jurisdiction of the relevant North Carolina state or federal courts for such discovery proceedings.

Furthermore, you waive your right to a jury trial concerning any disputes, actions, or legal proceedings arising from or related to your use of the Site or these terms of service if you are located in the United States.

  1. Class Action Waiver

By utilizing the Site and benefiting from the services provided by CaduceusLink, you acknowledge that these services are offered to you under the terms and conditions outlined here. In exchange for access to the Site and these services, you agree that you will not initiate or be part of a class-action lawsuit against CaduceusLink regarding your use of the Site. This means you will not sue CaduceusLink as a class plaintiff, class representative, or participate in any way as an opposing party in such a lawsuit. If you disagree with any portion of these terms, please discontinue your use of the Site. However, it’s important to note that this paragraph does not restrict your right to file an individual lawsuit, including in small claims court, as outlined in Section 11 above.

  1. Indemnification

You are responsible for indemnifying, defending, and holding CaduceusLink, its agents, affiliates, and licensors harmless from any claims or liabilities, including reasonable legal fees, arising from:

(a) Any breach of the terms in this Agreement by you. (b) Your utilization of and access to the Site, or any CaduceusLink product, program, or service. (c) Any loss or disclosure of information acquired through your use of the Site or any CaduceusLink product, program, or service. (d) Any violation of applicable laws or regulations, which includes but is not limited to the Fair Credit Reporting Act, employment laws, equality laws, discrimination laws, data protection laws, or privacy laws (including any claims that CaduceusLink, acting as your agent, violated any of these laws). (e) Any infringement of third-party rights, such as copyright, property, or privacy rights, related to your content. (f) Claims that your content caused harm to a third party. (g) Your actions as an Employer, including but not limited to screening, hiring, promoting, or demoting any employee or Candidate. (h) The activities of third-party service providers you engage to assist with your use of CaduceusLink products and services, such as sourcing activities or tracking conversion rates of Candidates to job applicants.

This obligation to defend and indemnify will remain in effect even after this Agreement ends and your use of the Site or any CaduceusLink product, program, or service ceases.

  1. Extended Campaign Tools

CaduceusLink may provide services like Extended Campaign Tools to help coordinate Job Ads for geographically distributed businesses such as franchises or large corporations with multiple locations. When using Extended Campaign Tools, you acknowledge and agree that certain account information from franchisees may be shared with the franchisor, or account information from local offices may be shared with the corporate headquarters, as applicable. This information may include details about your business locations or accounts, Job Ad information (content, clicks, impressions, etc.), your contact information, and your advertising spending levels. The franchisor or corporate headquarters may request CaduceusLink to contact its franchisees or local offices by providing contact details, and may also provide Job Ad content to CaduceusLink for use with Extended Campaign Tools. By utilizing Extended Campaign Tools, you consent to the sharing of this information and confirm that (i) all information you provide to CaduceusLink is accurate, and (ii) you have the necessary rights and authorizations to provide this information to CaduceusLink and allow its sharing in connection with Extended Campaign Tools. You have the option to request CaduceusLink to grant access and control of your Extended Campaign Tools account to additional users. You understand and agree that by submitting such requests, CaduceusLink will contact the users based on the information you provide (name, email address, and job title), and CaduceusLink is not responsible for verifying the users before completing these requests.

  1. Candidate Import

CaduceusLink may provide a platform that allows you, or someone acting on your behalf or under your authority (such as a recruitment management service), to upload information about job applicants to CaduceusLink and engage with these individuals, while directing CaduceusLink to interact with them on your behalf. This platform is referred to as “Candidate Import.” If any of the information you provide or make available to CaduceusLink through our Candidate Import service includes Client Personal Data (as defined below), you are instructing CaduceusLink to process such information on your behalf, subject to this Agreement and any applicable Data Processing Addendum (“DPA”). In this context, “Client Personal Data” and “CaduceusLink” have the meanings ascribed to them in the Data Processing Addendum incorporated in this Agreement.

By using Candidate Import, you are instructing CaduceusLink to display information about the interactions, including Virtual Interviews that are scheduled or have been conducted, between you or CaduceusLink and the job applicants within their CaduceusLink accounts. You also confirm that you, and any third party authorized to upload Client Personal Data to the platform, have obtained all necessary rights and permissions from job applicants and have provided all required information and disclosures, as mandated by applicable data protection or relevant laws. This includes ensuring that:

(a) No individual whose Personal Data you provide to CaduceusLink using Candidate Import has exercised any right or made any request that would prevent or restrict your ability to share such individual’s Personal Data with CaduceusLink for processing under this Agreement.

(b) All job applicants have consented to the sharing of their data with CaduceusLink (in accordance with CaduceusLink’s Terms and Privacy Policy) and have agreed to be contacted by CaduceusLink via email as part of your hiring process, including invitations to create an account with CaduceusLink.

You also agree to defend and indemnify CaduceusLink for any breach of the above requirements. Furthermore, you acknowledge that CaduceusLink assumes responsibility for Client Personal Data in accordance with the DPA only after receiving it. Prior to CaduceusLink’s receipt of such data, and subsequently with respect to your use of such Client Personal Data, you are responsible for ensuring compliance with applicable data protection and privacy regulations.

Terms of Service for Affiliates

The following terms and conditions, referred to as “CAP Terms,” are applicable to any Affiliate participating in the CaduceusLink AffiliateLink Program (“Affiliate Program”). These CAP Terms govern the use of CaduceusLink’s Application Programming Interfaces (“APIs”) related to job postings, such as the Affiliate API or Affiliate Job Search API, as well as participation in the program. When the term “CaduceusLink” is used in this section (Section C of the CaduceusLink General Terms of Service), it refers to CaduceusLink, Inc. The terms “You” or “Affiliate” encompass any entity identified in an enrollment form, application, or questionnaire response submitted by the same or affiliated individuals. Additionally, any agency or network acting on behalf of these entities is also bound by these CAP Terms.

  1. CaduceusLink Affiliate Program

CaduceusLink’s AffiliateLink Platform is available in limited quantities, locations, and for a limited time. CaduceusLink holds full discretion in determining whether to accept a specific applicant or website for participation in the AffiliateLink Platform or any of its components. Affiliates must adhere to the terms outlined in the CaduceusLink Affiliate Acceptable Use Policy (the “AAUP”) to be eligible for participation. To participate as an Affiliate in the AffiliateLink Platform, all participants must be at least eighteen years old. Participants affirm that all information provided to CaduceusLink is accurate, complete, and truthful.

Affiliates acknowledge that while accessing the Site, any CaduceusLink API, or participating in the AffiliateLink Platform, they may encounter content, including User Content (defined below), that they may find offensive, harmful, threatening, indecent, or objectionable. This content may include explicit language and other potentially offensive material. Affiliates understand and acknowledge that CaduceusLink bears no liability for such content.

  1. Affiliate Obligations

Any job search results, JobrollTM, pay-per-click, pay-per-apply, or pay-per-started-apply advertisements, and any CaduceusLink logos or other elements supplied by CaduceusLink for use on Affiliates’ websites or websites co-branded by CaduceusLink and Affiliate (collectively, “Program Elements”) may only appear on URLs that CaduceusLink has reviewed and accepted for participation (“Accepted URLs”). Affiliates shall advise CaduceusLink of any changes in the type of content accessible at any such accepted URL. Affiliates agrees to comply with the specifications provided by CaduceusLink from time to time to enable proper delivery, display, tracking and reporting of Program Elements.

Affiliates shall label each displayed Program Element with the phrase “Jobs by CaduceusLink,” wherein the word “Jobs” shall be hyperlinked to CaduceusLink Website or other CaduceusLink website as agreed with CaduceusLink, and the word “CaduceusLink” shall be the [CaduceusLink Logo Image](insert the actual link to the image) and shall also be hyperlinked to CaduceusLink Website or other CaduceusLink website as agreed by CaduceusLink. We provide the [CaduceusLink Logo Image](insert the actual link to the image) online for your convenience.

Affiliate accepts and agrees to abide by all terms of the CaduceusLink Affiliate Program Terms and [CaduceusLink API Terms](insert the actual link). Affiliate is permitted to use CaduceusLink’s Site and its content solely pursuant to the terms of the Affiliate Program. Affiliate shall comply with the terms of this Agreement, including the Site Rules. Affiliate agrees that it is solely responsible for (and that CaduceusLink has no responsibility or liability to it or to any third-party for) any breach of Affiliate’s obligations under these CAP Terms and for any consequences (including any loss or damage which CaduceusLink may suffer) of any such breach.

As CaduceusLink wishes to prohibit automated entities from following any individual links posted by Affiliate, all hyperlinks to CaduceusLink’s site should include the use of rel=”nofollow”. This applies to editorially placed links, links generated by CaduceusLink’s API, or other link mechanisms.

Affiliate hereby grants CaduceusLink permission to refer to Affiliate and its websites in CaduceusLink’s marketing materials, wherever such marketing materials shall appear.

  1. Payments to Affiliate

AFFILIATE UNDERSTANDS AND ACCEPTS THAT IT WILL NOT RECEIVE ANY FORM OF FINANCIAL COMPENSATION, INCLUDING COMMISSIONS, IN RETURN FOR ACCESSING, PARTICIPATING IN, OR USING THE CADUCEUSLINK AFFILIATE PROGRAM.

Affiliate also acknowledges that it will not receive compensation for clicks or transactions originating from Affiliate’s activities or those conducted on its behalf. Furthermore, CaduceusLink is not obligated to remunerate Affiliate for any artificial or fraudulent impressions or clicks, as determined by CaduceusLink, or if Affiliate is found to be in violation of these CAP Terms. It is important to note that no data from any dashboard or similar source indicating click counts will be considered as creating a contractual obligation for CaduceusLink.

  1. Termination

CaduceusLink retains the right to suspend or terminate the Affiliate Program at its sole discretion, at any time, with or without prior notice, and for any reason or without providing a reason. Similarly, either party can terminate these CAP Terms and their participation in the Affiliate Program at any time, with or without notice, and without incurring any liability. If you decide to terminate your agreement to these CAP Terms, you can do so by sending a notice via email to support@caduceuslink.com or to any other email address specified by CaduceusLink. All provisions within this Agreement that are inherently meant to survive termination will do so, including, but not limited to, confidentiality, warranty disclaimers, indemnifications, and limitations of liability.

Upon the termination of an affiliate from the Affiliate Program, regardless of the reason and whether initiated by either party, the affiliate’s access to the API will be immediately discontinued, and the affiliate must promptly remove all insertion codes and other Program Elements from all pages of their websites.

  1. Confidentiality

Affiliate must obtain CaduceusLink’s explicit written consent before disclosing any CaduceusLink Confidential Information. The term “CaduceusLink Confidential Information” encompasses, but is not limited to, the following: (a) all CaduceusLink software, technology, programming, specifications, materials, guidelines, and documentation associated with the Affiliate Program; (b) performance statistics such as click-through rates or other relevant data concerning the Affiliate Program, as shared with Affiliate by CaduceusLink; and (c) any other information that CaduceusLink has identified in writing as “Confidential” or labeled with an equivalent designation.

  1. Indemnification

Affiliate shall assume the responsibility of indemnifying, defending, and safeguarding CaduceusLink, its agents, affiliates, licensors, and partners against any third-party claims or liabilities (including reasonable legal fees). Such claims or liabilities may arise due to Affiliate’s utilization of the Program, Affiliate Property, website, Affiliate Services, or any breaches of these CAP Terms.

  1. Governing Law and Dispute Resolution

These CAP Terms and any dispute arising from or related to them or the Site (“Dispute”) will be governed by the laws of the State of North Carolina, including matters like validity, interpretation, and performance of these CAP Terms and the Agreement. Any legal actions or lawsuits concerning such Dispute must be filed exclusively in the federal or state courts situated in Forsyth County, North Carolina, USA. Both parties agree to submit to the exclusive jurisdiction of these federal or state courts in Forsyth County, North Carolina, USA.

Additionally, if you are located in the United States, you hereby waive your right to a jury trial in any legal proceedings related to your use of the Site, the Affiliate Program, or these terms of service.

  1. Class Action Waiver

By utilizing the Site or any Program Elements and in exchange for the services provided by CaduceusLink, Affiliate recognizes that CaduceusLink can only provide these services under the terms and conditions outlined here. As a partial consideration for Affiliate’s access to the Site and the Affiliate Program, Affiliate agrees not to initiate or participate in a class-action lawsuit against CaduceusLink regarding the use of the Site or the Affiliate Program. Affiliate also commits to not serving as a class plaintiff, representative, or member in such actions. Additionally, as an Affiliate, the use of the Site and the Affiliate Program is provided at no cost, and Affiliate acknowledges that part of the “price” for this access is agreeing to these terms of service, including the Class Action Waiver. If Affiliate does not agree to any aspect of these terms, it should discontinue the use of the Site, the Affiliate Program, or any Program Elements. It’s important to note that this provision doesn’t restrict Affiliate’s ability to file an individual lawsuit, including in small claims court, as long as it complies with the jurisdiction requirements in Section 7 above.

Terms of Service for All Users

The following terms and conditions are applicable to all individuals who access, use, or attempt to access any part of the Site, or who accept this Agreement in any way.

By accessing or using the Site, you are bound by the terms and conditions outlined in this Agreement. You understand and accept that CaduceusLink may engage in the activities specified in this Agreement, and you recognize that these activities are essential for the proper functioning of the Site. You also agree not to submit or post any commercial communications on the Site, as such actions are considered violations of this Agreement. If you disagree with any aspect of this Agreement or do not wish to authorize the activities described herein, please refrain from using the Site. Additionally, you confirm that you have read and acknowledged CaduceusLink’s Cookie Policy and Privacy Policy.

  1. When You Use Our Site

The terms and conditions outlined in this agreement apply universally to all individuals who engage with the Site, whether through access, utilization, or any attempt to do so, or by explicitly accepting the provisions of this Agreement.

Upon accessing or using the Site, you provide your explicit consent to adhere to the terms and conditions specified in this Agreement. It is vital to understand and acknowledge that CaduceusLink may undertake the activities detailed in this Agreement, as these actions are essential for the proper and effective functioning of the Site. Furthermore, you are strictly prohibited from submitting or disseminating any form of commercial communications on the Site, as such actions are a direct violation of this Agreement.

If you find yourself in disagreement with any aspect of this Agreement or have reservations about authorizing the activities described herein, it is your responsibility to refrain from using the Site. Additionally, you should ensure that you have not only read but also fully comprehended CaduceusLink’s Cookie Policy and Privacy Policy.

You can access CaduceusLink’s Cookie Policy and Privacy Policy through the following links:

  • CaduceusLink’s Cookie Policy
  • CaduceusLink’s Privacy Policy
  1. User Content

The Site and our APIs offer features that enable users to post various forms of content and data, including but not limited to Job Ads, resumes, reviews, information, text, images, audio, video, messages, and other materials. This functionality serves to facilitate information discovery and communication on topics such as job opportunities, educational institutions, certifications, employers, and candidates. Any data, information, or materials that a user or any other party submits, posts, publishes, displays, or makes available through the Site or related platforms, or provides to CaduceusLink, are collectively referred to as “User Content.” User Content encompasses a wide range of content, including Job Ads, Resumes, company reviews, school reviews, certification or license reviews, and messages exchanged through the Site.

It is important to emphasize that CaduceusLink assumes no responsibility for the accuracy, completeness, truthfulness, or reliability of User Content. We do not verify the veracity of User Content, and any opinions, facts, advice, information, or statements contained therein are solely the responsibility of their respective authors, who may use anonymous identifiers. As a user, you may encounter User Content that you find offensive, harmful, threatening, indecent, or objectionable. Additionally, User Content may not be suitable for use in legal proceedings, given its potential lack of reliability. It is essential to understand that CaduceusLink is under no obligation or liability concerning the publication, monitoring, or removal of User Content. Furthermore, CaduceusLink disclaims any responsibility for the accuracy of User Content that may be translated on our site using a Google Translate API.

When providing User Content, it is imperative to adhere to the Site Rules outlined below. Your User Content must not violate any applicable laws and must not be unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable. It should also be relevant and constructive, avoiding sexual, ethnic, racial, or other discriminatory slurs. Your User Content must not contain proprietary information, trade secrets, intellectual property belonging to another person, or confidential data. Additionally, it must not include spam, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or any other form of commercial communication, except for Job Ads under this Agreement. Above all, your User Content must not harm anyone, especially minors.

Furthermore, the posting of official identification information, such as social security numbers, passport numbers, national identification numbers, insurance numbers, driver’s license numbers, immigration numbers, or any similar identifying codes or numbers, is strictly prohibited. Such actions can potentially lead to identity theft, and CaduceusLink cannot be held responsible for the consequences.

By submitting a company review or providing information, ratings, or responses to questions about your current or former employer, you acknowledge that such User Content may be publicly displayed on CaduceusLink’s Site. This display may include details such as your job title, job location, current or former employee status, and the date on which you provided the User Content. You agree that CaduceusLink bears no responsibility or liability for such User Content, including any content that may personally identify you. If you wish to keep your User Content from being publicly visible through CaduceusLink or from personally identifying you, it is advisable not to provide such User Content.

CaduceusLink reserves the right to monitor and screen User Content and may use it to prevent potentially illegal or harmful activities or any other activities that could adversely affect other users. In certain cases, if we determine that your User Content or actions have violated our Terms or any CaduceusLink policies, or are detrimental to other users, we may impose restrictions on other accounts that we suspect are affiliated or associated with you. If you believe that any User Content violates this Agreement or our policies, please contact CaduceusLink. However, it is important to note that detection methods are not infallible, and there may be instances of false positives or false negatives. CaduceusLink is not obligated to monitor specific users or User Content, and we cannot guarantee the removal of any particular User Content.

CaduceusLink reserves the right to disclose User Content, along with any other relevant information and circumstances, to third parties as part of our Site operations. This disclosure may be made to safeguard the interests of CaduceusLink, its affiliates, partners, and users, or to comply with legal obligations or government requests. Consequently, CaduceusLink may respond to subpoenas, search warrants, law enforcement requests, or court-mandated demands to disclose User Content provided by you. It is essential to understand that your identity may become discoverable through such legal requests, even if you have posted content confidentially or anonymously.

CaduceusLink operates as an interactive computer service and is not obliged to host or remove specific User Content. We reserve the right to exclude or remove any User Content from any part of the Site or services for any reason or no reason. We also retain the sole discretion to determine whether User Content violates any CaduceusLink policy, whether to publish or withdraw User Content, and whether to exclude any material that any party seeks to post on CaduceusLink. It is essential to acknowledge that CaduceusLink has no liability or obligation to you or any other party concerning its editorial decisions.

Section 230 of the U.S. Communications Decency Act outlines important provisions that pertain to interactive computer services and their liability in the context of user-generated content. Here are the key components of Section 230:

  1. Treatment of Affiliate or Speaker:
    • This provision establishes that no provider or user of an interactive computer service can be considered the “Affiliate” or speaker of any information that has been provided by another information content provider. In other words, these platforms are not held responsible for the content created and posted by their users.
  2. Civil Liability:
    • Subsection (A) specifies that no provider or user of an interactive computer service can be held legally liable for taking voluntary, good-faith actions to restrict access to or availability of content that they deem objectionable. This content includes material that may be categorized as obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, even if such material may be constitutionally protected.
    • Subsection (B) extends protection to providers or users who take actions to enable or provide technical means for information content providers or others to restrict access to material as described in paragraph (1) above.

In essence, Section 230 shields interactive computer services from being treated as publishers or speakers of user-generated content. It also provides them with legal protections when they take steps to moderate or restrict access to content, they find objectionable or harmful. This law has played a significant role in shaping the legal landscape of the internet and online platforms in the United States.

  1. License to User Content and Feedback

When you provide User Content on CaduceusLink, you grant CaduceusLink certain rights to use that content. Here are the details of the license you grant to CaduceusLink:

  1. License for User Content:
    • You grant CaduceusLink a nonexclusive, worldwide, perpetual (with certain exceptions), fully paid, royalty-free, transferable, sublicensable (through multiple layers), and irrevocable right and license to use, sell, sublicense, reproduce, distribute, perform, display, create derivative works from, and exploit all User Content you post or submit.
    • This license allows CaduceusLink to use your User Content for various purposes, including publishing it on the CaduceusLink website, its affiliates, or third-party sites, improving the CaduceusLink website (e.g., for training content recommendation models), and promoting CaduceusLink and User Content without restrictions.
    • You will not receive compensation for this license, except where required by applicable law. You waive any rights to such compensation to the extent permitted by law.
    • CaduceusLink will terminate this licensed use within a commercially reasonable timeframe after your User Content is removed from the CaduceusLink website.
    • CaduceusLink reserves the right to refuse, post, display, or make available any User Content at its sole discretion.
  2. License for Your Name, Username, and Trademarks:
    • You grant CaduceusLink, its affiliates, and sublicensees a license to use your name, username, trademarks, and logos in connection with User Content, CaduceusLink’s marketing materials, or actions taken by CaduceusLink to promote or publicize User Content.
    • You waive any legal rights, including rights of publicity, related to claims arising from CaduceusLink’s use of your name, likeness, voice, or image as described above.
  3. Representations and Warranties:
    • You represent and warrant that you own the User Content you provide or have the right to grant this license.
    • Your User Content and CaduceusLink’s use of it will not violate applicable laws or the rights of any person.
    • You agree to pay any royalties, fees, damages, or other amounts owed to any person due to your User Content and agree to defend and indemnify CaduceusLink from any related claims.
  4. Revoking the License:
    • If you wish to revoke the license granted for specific User Content, you must send a certified letter of request to CaduceusLink’s postal address. The request must include specific information and verification of your identity.
    • CaduceusLink will take commercially reasonable steps to remove the specified User Content from the Site.
  5. Feedback:
    • You may provide feedback or opinions about CaduceusLink or the Site. By doing so, you grant CaduceusLink a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to use, reproduce, distribute, perform, display, create derivative works from, and exploit all Feedback for any purpose without restrictions.
    • CaduceusLink is free to disclose Feedback on a non-confidential basis to anyone, including third parties, and may sublicense it to third parties without restrictions.
    • Providing Feedback does not waive any rights CaduceusLink may have to use similar or related ideas already known to CaduceusLink or obtained from other sources.

By providing User Content and Feedback, you acknowledge and agree to these terms and licenses.

  1. Site Rules

When using our Site and services, you must adhere to the following Site Rules, in addition to any other rules or policies posted on the Site. Violating these rules constitutes a material breach of this Agreement and unauthorized use of the Site. Please refrain from:

  1. Unauthorized Access:
    • Do not access the Site in any way other than through the provided web or app interface.
    • Do not provide false, fake, or fictitious information.
  2. Malicious Intent:
    • Do not use code or data with the intent to harm, disrupt, disable, impair, interfere with, intercept, expropriate, or impede the Site or any related systems.
    • Do not access data, especially personal data, without proper authorization.
    • Do not bypass functionality limitations or suspensions.
  3. Interference:
    • Do not interfere with the use of the Site by others.
    • Do not modify, adapt, translate, reformat, resell, frame, or reverse engineer any part of the Site.
    • Do not remove copyright, trademark, or proprietary rights notices.

Additionally, you may not use the Site for the following purposes:

  1. Harm or Rights Violation:
    • Do not harm anyone or violate their rights, including the right of publicity, right of privacy, or intellectual property rights.
    • Do not provide false information.
    • Do not transmit or store biometric information or biometric identifiers.
  2. Illegal Activities:
    • Do not promote or encourage illegal activities.
    • Do not engage in pyramid schemes, multi-level marketing (MLM) programs, jobs that require payment to start, or any activities deemed detrimental to our users.
  3. Unsolicited Communications:
    • Do not send unsolicited commercial messages or other unlawful communications.
    • Do not impersonate others or create false accounts.
    • Do not contact users who have requested not to be contacted.
    • Do not send text messages or make calls unrelated to job applications or job listings.
    • Do not sell personal data.

CaduceusLink reserves the right to monitor all Site activity and withhold or block any malicious, spam, fraudulent, or unwanted messages or communications. This includes various forms of content such as attachments, scripts, macros, or code. Determining what constitutes spam is at CaduceusLink’s discretion, and data collected through the Site may be used to make such determinations. CaduceusLink may interact with users on the Site to investigate potential rule violations and may share information gathered during these investigations with law enforcement or third parties.

You may not use the Site for personal commercial gain, and you may not use automated systems or software to violate CaduceusLink’s rules, except as expressly permitted in writing by CaduceusLink.

You must comply with all applicable laws and regulations, including export and re-export control laws, copyright laws, and intellectual property laws. Additionally, you must confirm that you are not located in or a resident of a country subject to U.S. government embargo, sanctions, or other restrictions, not listed on any Restricted Lists (as defined below), and not subject to U.S. sanctions consistent with U.S. law.

“Restricted Lists” refer to specific lists such as the Denied Persons List, Unverified List, List of Debarred Parties, Specially Designated Nationals, Terrorists, Narcotics Traffickers, Blocked Persons and Vessels List, and The Entity List, as designated by relevant U.S. government agencies.

  1. Accessing External Sites

The Site contains links to third-party websites (“External Sites”) operated by parties other than CaduceusLink, such as employer websites, applicant tracking systems, or promotional websites. These links may be found in User Content, such as Resumes or Job Ads. CaduceusLink is not responsible for the availability or content of External Sites. Links to External Sites may be removed at any time. If you have concerns about an External Site, please contact the responsible third party.

CaduceusLink has no control over the actions or content on External Sites. When you visit an External Site and engage in transactions outside of CaduceusLink, you enter into an agreement with a third party at your own risk. Your data is provided directly to the third party, and your rights and their obligations are governed by their privacy policies and terms of service. CaduceusLink disclaims all liability for any issues that may arise from your interactions or transactions with such third parties. We are also not responsible for any payments requested by such third parties.

CaduceusLink may offer access to third-party services or products (“Third-Party Services”) through links on the Site. For example, this may include allowing a Candidate to request their own background check or allowing an Employer to request a background check of a Candidate. CaduceusLink solely acts as a technical conduit for transmitting background checks from background check Third-Party Services to you. It’s important to note that CaduceusLink does not assemble, access, view, analyze, manipulate, alter, evaluate, or store the background check reports provided by any background check Third-Party Service to you or any other CaduceusLink user.

By choosing to use third-party links and their services or products, you are entering into a direct contract with the Third-Party Service, and CaduceusLink is not a party to this contract. Additionally, you agree to indemnify and defend CaduceusLink against any claims arising from your use of services or products provided by a Third-Party Service.

The Site may include information provided by third-party APIs, which are subject to additional terms and conditions imposed by those third parties. For instance, the Site may feature Google Maps content, which is governed by the current versions of the Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy.

  1. Creating and Accessing Your Account

Certain sections of the Site may require you to register, provide, and verify your email address, or create an account. You agree to provide accurate, current, complete, and truthful information during this process. Creating multiple accounts or using automated methods to create accounts is prohibited.

We strongly recommend enabling two-factor authentication (2FA) on your account if it’s available. If you choose not to enable 2FA, you do so at your own risk. It’s essential to maintain the confidentiality of your username and password, which should not be shared. Your account can be accessed by anyone with access to your username and password, along with the ability to answer your verification questions. Unauthorized access to your account could result in contacting other users or taking actions on your behalf, with CaduceusLink’s ability to respond being limited.

If you update your phone number for 2FA or verification, please note that these changes may not be reflected everywhere on CaduceusLink.com, such as the phone number and opt-ins provided on your Candidate Profile. An Employer may still be able to contact you using the number listed in your Profile if you’ve opted in to be reached through that contact method.

CaduceusLink may send you notifications related to account security, such as alerts regarding potential interactions with a compromised account. Please understand that CaduceusLink cannot guarantee the delivery of such notifications, and you acknowledge that CaduceusLink bears no responsibility for any failures in this regard. CaduceusLink makes no warranties regarding the accuracy, completeness, timeliness, or reliability of these notifications.

You may have the option to use a Passkey (such as a face scan or fingerprint) to sign in to your CaduceusLink account. Passkeys are stored locally on your device and are under your control. CaduceusLink does not collect any biometric data or other Passkey-related information. CaduceusLink is not responsible for the collection, use, storage, processing, or loss of Passkey data, nor does it assume any legal obligations related to such data. If you prefer not to use a Passkey, you can use an alternative method to sign in to your CaduceusLink account.

  1. Your Contact Information

As an integral part of our Services, CaduceusLink may engage with you through various means, including your CaduceusLink account and other communication channels such as email, telephone (including mobile phone), or postal mail. These interactions may involve the contact details you provide directly to CaduceusLink or information we obtain from third-party sources.

By supplying CaduceusLink with your phone number, you affirm that you are the primary user and subscriber of that particular phone number. Consequently, you explicitly consent to receiving calls and text messages at that number, even if it happens to be a mobile number.

Should you wish to discontinue receiving text messages at any point, you have the option to respond with STOP to the text message or get in touch with CaduceusLink Customer Support. It’s important to note that due to the informal conversational nature of this service, other attempts to unsubscribe may not be recognized. Replying with STOP to a CaduceusLink SMS alert will effectively remove you from those specific alerts. However, please be aware that you may still receive text messages related to certain services you’ve subscribed to, such as Text to Apply and Hiring Events. To cease receiving these, you must reply with STOP within the dedicated text flows for those services. Keep in mind that responding with STOP to any text message exclusively unsubscribes you from text messages, and you may still receive other forms of communication from CaduceusLink.

You also have the option to withdraw your consent to receive text messages by closing your CaduceusLink account. It’s essential to understand that CaduceusLink cannot assume responsibility for any third parties to whom you’ve provided your phone number.

To halt the receipt of marketing or commercial emails from CaduceusLink or to manage your email preferences effectively, you can adjust your email settings within your CaduceusLink account. Alternatively, you can opt out of marketing or commercial emails by utilizing the provided unsubscribe link in our messages.

  1. Payment

You will incur charges for our services as outlined on the Site.

By furnishing your credit card, bank account, or other payment method information to CaduceusLink, you grant CaduceusLink the authority to debit or charge that payment method for any fees owed to CaduceusLink in connection with the services you’ve acquired. This action will be in accordance with the terms associated with the specific CaduceusLink service you are utilizing, as well as any other agreements you have with CaduceusLink for service procurement.

In the event you provide your bank account details and subscribe to direct debits from CaduceusLink, you authorize CaduceusLink to employ ACH (Automated Clearing House) for debiting the specified bank account to cover any charges arising from your utilization of CaduceusLink’s services and/or purchases of CaduceusLink products. This authorization remains in effect until revoked.

Regarding advertising services you purchase, charges may be based on various metrics, such as clicks, RSVPs, applications, impressions, or a subscription or platform fee. Please be aware that these charges are solely determined by CaduceusLink’s measurements, such as click counts, which are considered binding. CaduceusLink’s measurements may be derived from data sourced from third-party vendors, including Affiliates.

For subscription plans, you can find comprehensive details on the Site at the time of purchase. Upon subscribing to a plan, you acknowledge and agree that your subscription will renew automatically, and CaduceusLink will charge you periodically until you decide to cancel your subscription. This cancellation may not take effect until the subsequent billing cycle. It’s important to note that we do not provide refunds or credits for partially used billing cycles under the applicable subscription plan. However, in some cases, you may receive a prorated refund for any unused billing cycles in the future, at CaduceusLink’s sole discretion. Following cancellation, you will retain access to the service until the end of your current billing period.

Our billing procedures may include sending invoices via electronic mail, unless otherwise specified by CaduceusLink. Subject to legal constraints, if you have any unpaid or outstanding invoices or account balances for any CaduceusLink product, CaduceusLink reserves the right to suspend or terminate your access to that specific CaduceusLink product, as well as any other CaduceusLink products, even if there are no outstanding invoices or account balances associated with them. Please note that any claims related to charges must be made within 120 days after the charge, without prejudice to your rights to dispute charges through your credit card or bank account provider.

Any credit card, bank account information, or related billing and payment details you provide to CaduceusLink may be shared with third-party companies that work on CaduceusLink’s behalf, such as payment processors and credit agencies, for purposes such as account verification, credit checks, payment processing, and account servicing. Furthermore, CaduceusLink may disclose this information in response to valid legal processes, including subpoenas, search warrants, court orders, or to assert its legal rights or defend against legal claims. CaduceusLink may also obtain updated payment information for credit and debit cards from payment card networks, card issuers, or other third-party sources, using this information to charge any amounts owed. CaduceusLink disclaims any liability for the use or disclosure of this information by third parties. If your CaduceusLink account contains credit card or bank account information for one CaduceusLink service, the same payment method may be charged for other purchases, unless you specify otherwise.

Currency-wise, if you are situated in the United States, all charges will be denominated in US dollars. However, if your billing address is located outside the United States, you may have the option to select from several currencies, such as US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, Mexican Pesos, or Japanese Yen, depending on your preference at the time of creating your account. Please be aware that CaduceusLink’s approval is necessary for the choice of currencies, and this approval may be withheld at CaduceusLink’s sole discretion.

Taxes are not included in the charges and fees you incur, and you are responsible for any applicable taxes and government charges. Furthermore, you are accountable for all reasonable expenses and attorney fees incurred by CaduceusLink in connection with collecting late payments. Any required withholding tax remittances to the government are your sole responsibility, and CaduceusLink bears no liability in this regard.

Regarding refunds, CaduceusLink may offer refunds for its services within a period of four (4) months from the date of purchase. However, CaduceusLink reserves the right to deny refunds in cases of policy abuse, and the decision to grant a refund ultimately rests with CaduceusLink.

You also agree to cover (i) late payment penalties as per the current US Federal Reserve interest rates plus 10%, or the maximum interest allowed by law (whichever is lower), (ii) statutory lump-sum indemnity for recovery costs, if applicable under applicable laws, and (iii) any reasonable expenses and attorney fees CaduceusLink incurs when collecting late payments.

  1. Other Services

CaduceusLink Apps: The term “CaduceusLink Apps” pertains to our downloadable applications available on device application marketplaces, including but not limited to the CaduceusLink Job Search, CaduceusLink Resume Search, CaduceusLink Employer, and CaduceusLink Job Spotter. This Agreement governs your use of any CaduceusLink App. Please note that the legal entity responsible for the CaduceusLink App specified in this Agreement remains unchanged, even if the developer identified on an application marketplace is listed as CaduceusLink, Inc.

Location Services: If you grant permission for an CaduceusLink App to utilize your device’s location service, the app may collect data based on your device’s geographical location. Some location information may be associated with your account, while other location data collected by the CaduceusLink Apps may not be linked to your account but is still used by CaduceusLink.

Apple-Specific Terms: In addition to the terms and conditions mentioned above, the following provisions are applicable when you use any mobile application version of the Site that is compatible with Apple Inc.’s iOS operating system (“Apple”) and referred to as the “App.” It’s important to clarify that Apple is not a party to this Agreement, does not own, and is not responsible for the App. Apple does not provide any warranties for the App, except in cases where it may refund the purchase price. Apple is not responsible for maintaining the App or providing support services for it, and it disclaims any responsibility for claims, losses, liabilities, damages, costs, or expenses related to the App, including third-party product liability claims, claims of non-conformance with legal or regulatory requirements, claims under consumer protection laws, and intellectual property infringement claims. Any inquiries or complaints regarding the App’s use, including those concerning intellectual property rights, should be directed to CaduceusLink, as indicated in the “Questions or Complaints” section above. Your license to use the App is limited to a non-transferable license for use on an Apple-branded product running Apple’s iOS operating system and owned or controlled by you, unless otherwise permitted by Apple’s App Store Terms of Service. Furthermore, you must adhere to any terms stipulated by third-party agreements applicable to you when using the App, such as your wireless data service agreement. Apple and its subsidiaries are considered third-party beneficiaries of this Agreement, and upon your acceptance of these terms and conditions, they have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as third-party beneficiaries. It’s important to note that CaduceusLink’s ability to enter into, rescind, or terminate any variations, waivers, or settlements under this Agreement does not require the consent of any third party.

E-Signature: The Site may offer e-signature options, potentially powered by a third-party service provider. By using e-signatures on the Site, you affirm that your e-signature serves to authenticate the document you are signing, and it carries the same legal weight as a physical signature. CaduceusLink is not a legal record keeper, and the use of e-signatures is at your own risk. You are responsible for ensuring that your documents are received and for retaining your copies.

Beta Program: CaduceusLink may introduce beta products or features on our Site, identified by terms like “Beta” or “Test” (“Beta Products”). Beta Products may be offered in limited quantities, geographical locations, and for a limited duration. CaduceusLink reserves the right to discontinue or cancel all or part of a Beta Product without prior notice. It’s essential to understand that Beta Products are in the testing phase and are provided “as is” and “as available.” They are believed to contain defects, and one of the primary objectives of testing a Beta Product is to gather feedback on its performance. Therefore, it is crucial to safeguard important data, exercise caution, and refrain from relying entirely on the correct functioning or performance of the Beta Product.

If you are invited to participate in testing a Beta Product, you agree that, unless otherwise stated herein or agreed upon in writing by CaduceusLink, the Beta Product constitutes confidential proprietary information of CaduceusLink. Only authorized users are permitted to access the Beta Product, and you undertake not to transfer, copy, or disclose this confidential information without CaduceusLink’s prior written consent.

Algorithmic Content: CaduceusLink may provide content generated wholly or partially by an algorithm, including artificial intelligence and machine learning algorithms, in response to information you provide through the Site (“Algorithmic Content”). Algorithmic Content is considered a Beta Product under this Agreement. You acknowledge that CaduceusLink is not the creator of Algorithmic Content, which may be supplied by a third party. Algorithmic Content is provided “as is,” and CaduceusLink makes no warranties regarding its appropriateness, accuracy, inoffensiveness, impartiality, non-infringement, legality, or safety. CaduceusLink disclaims all liability associated with Algorithmic Content.

Your use of Algorithmic Content is entirely at your own risk. By generating or using Algorithmic Content (e.g., by providing content to the Site for the purpose of generating Algorithmic Content or by including Algorithmic Content in a job description or resume), you adopt, confirm, and ratify it. You assume full responsibility for Algorithmic Content and its use or misuse, including any inaccuracies, non-compliance with these Terms or the Site Rules, and any harm caused to you or others. You agree to defend and indemnify CaduceusLink against any claims arising from your generation or use of Algorithmic Content.

  1. Filtering for Minors

We want to make you aware that there are parental control protections, including computer hardware, software, or filtering services, commercially available. These tools can help you restrict access to content that may be harmful to minors. You can find information about current providers of such protection from sources like GetNetWise and OnGuard Online. Please note that CaduceusLink does not endorse any specific products or services listed on these websites.

  1. Use of Site by Minors

The use of the Site is restricted to individuals who are 17 years of age or older. If you are below the legal age of majority in your jurisdiction, you are required to use the Site under the supervision and consent of a parent, legal guardian, or another responsible adult.

We have implemented a range of protective measures to ensure that we do not knowingly collect information from individuals who do not meet the minimum age requirement or any other relevant age restrictions.

In the event that we become aware of any instance where an individual who does not meet the minimum age requirement has provided personal information through the Site, we will take immediate steps to remove that information from our systems. Our commitment is to safeguard the privacy and data of all users, especially those who are underage.

  1. Questions or Complaints

If you have any inquiries or concerns related to the Site, we kindly request that you utilize our CaduceusLink Help Center. Please note that your use of the CaduceusLink Help Center is subject to our CaduceusLink Cookie Policy. For your safety, refrain from including sensitive information such as credit card details or bank account information in your email correspondence with us.

If you are a resident of California and wish to seek further assistance, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. They can be reached via mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Your concerns will be addressed promptly and professionally by their team.

  1. Disclaimer of Warranties

The Site may, at any time and without prior notice, become partially or entirely unavailable. The availability and functionality of the Site may depend on third-party services utilized by CaduceusLink, such as data hosting or processing vendors, and unexpected malfunctions or outages may occur as a result.

To the maximum extent permitted by applicable law, CaduceusLink disclaims any responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of information or materials presented within CaduceusLink’s search results, including Job Listings, or any other content made accessible on the Site by CaduceusLink or third parties, whether acquired through payment or offered for free. CaduceusLink also disclaims any responsibility or liability for the accuracy, content, completeness, or reliability of information provided by CaduceusLink for informational purposes only. This includes CaduceusLink Analytics data like estimated applies or organic traffic, as well as salary information or information originating from third parties. It should be noted that you are not charged for access to the aforementioned information by CaduceusLink. Furthermore, CaduceusLink does not guarantee that the Site will be error-free, secure, or free from interruptions.

CaduceusLink does not assume responsibility for the deletion, storage failure, misdelivery, or delayed delivery of any information, emails, attachments, or materials, including User Content. Additionally, CaduceusLink is not liable for any technical malfunctions of the Site or any other related Services, such as telephone network or service failures, computer system breakdowns, server malfunctions, email delivery failures (including attachments), account login issues, or any other problems arising from technical difficulties or internet traffic congestion, whether due to technical problems, or traffic volume, on the internet or any third-party website or service (including but not limited to Applicant Tracking Systems (ATSs)), or any combination thereof. CaduceusLink shall not be held accountable for any harm incurred, including but not limited to, computer, mobile device, or other hardware or software damage, as well as personal injury or death, resulting from the use or misuse of the Site, Services, User Content, or third-party applications, websites, software, or content posted on or accessible through the Site, or transmitted to users, or any interactions between users of the Site or Services, whether online or offline.

CaduceusLink retains the right to limit or terminate Services and/or access to the Site in particular countries or regions at any time, particularly during times of war, political unrest, epidemics, pandemics, riots, insurrections, national or regional emergencies, acts of terrorism or threats thereof, or civil unrest.

Furthermore, CaduceusLink and its affiliates, as well as its and their third-party licensors, shall not be held liable or deemed to be in breach of this Agreement in the event of any delay or failure to fulfill or perform that arises directly or indirectly from acts, causes, forces, or circumstances beyond their control, including, but not limited to, the following force majeure events:

(a) Acts of God or natural disasters, such as floods, fires, storms, earthquakes, epidemics, or pandemics, explosions, or similar occurrences; (b) War, invasion, hostilities (whether declared or not), terrorist threats or acts, riots, insurrections, other civil unrest, or disturbances, military disturbances, or sabotage; (c) Government actions, orders, laws, or regulations, or orders from domestic or foreign courts or tribunals; (d) Embargoes or blockades in effect on or after the date of this Agreement; (e) Actions taken by any governmental authority; (f) National or regional emergencies; (g) Strikes, labor disputes, stoppages, slowdowns, or other industrial disturbances or labor or material shortages; (h) Utility failures (including heating, lighting, or air conditioning), communications, computers (including software and hardware, including computer viruses), or telephone communication services, experiencing breakdowns, interruptions, losses, fluctuations, or malfunctions; (i) Internet, computer equipment, telecommunication equipment, electrical power, or other equipment or mechanical failures or shortages; (j) Data loss due to power failures or mechanical issues with information storage or retrieval systems; (k) Non-performance by third parties; (l) Other events beyond the control of CaduceusLink.

The Site, as well as all content, products, features, and services available through the Site, are provided on an “as is” basis, with no warranties of any kind, either expressed or implied. Your use of CaduceusLink and the Site is entirely at your own risk. CaduceusLink, its affiliates, and its third-party licensors, to the maximum extent allowed by law, expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement of proprietary rights, title, service quality, and uninterrupted, error-free, safe, or secure access to the Site and Services.

CaduceusLink and its affiliates, as well as its and their third-party licensors, further disclaim any warranties regarding the security, reliability, timeliness, and performance of the Site, as well as all content, products, features, and services available through the Site. To the maximum extent permitted by law, CaduceusLink and its affiliates, and its and their third-party licensors, do not endorse or guarantee any services or goods received through the Site or advertised on the Site, or received via links provided by CaduceusLink. CaduceusLink is not responsible for the actions, content, information, or data of third parties, and you hereby release us, along with our directors, officers, employees, and agents, from any claims and damages, known and unknown, arising from or related to any claim you have against such third parties.

You acknowledge and agree that any material or data obtained through the use of the Site is at your own discretion and risk, and you are solely responsible for any damages to your computer system or loss of data resulting from the download or acquisition of such material or data.

  1. Limitation of Liability

To the greatest extent allowable by law, under no circumstances shall CaduceusLink or its affiliates, nor its or their third-party licensors, be held liable to any individual for their use, misuse, or reliance on the Site. This limitation of liability extends to prevent the recovery of indirect, incidental, consequential, special, exemplary, and punitive damages, or any loss of profits, revenue, interest, goodwill, loss or corruption of data, or any loss or interruption to the user’s business. Such claims, whether based on warranty, contract, tort (including negligence), indemnity, or any other basis, are expressly excluded, even if CaduceusLink or its affiliates, or its or their third-party licensors, have been made aware of the potential for such damages, and regardless of whether the remedy’s essential purpose fails. This limitation of liability is applicable in cases where damages result from the use or misuse of, or reliance on, the Site, reliance on or damage caused by information posted on the Site, the inability to use the Site, or the interruption, suspension, or termination of the Site (including such damages incurred by third parties).

This limitation of liability also covers damages incurred due to other services or goods received through or advertised on the Site, or received via any links provided on the Site. It further applies to the costs associated with obtaining substitute goods or services, lost profits, lost data, and the performance or non-performance of the Site, or any information or merchandise displayed on or linked or related to the Site in any manner. This limitation of liability remains in force even if any limited remedy fails in its essential purpose, and to the fullest extent permitted by law.

To the extent permissible by law, the maximum cumulative liability of CaduceusLink and its affiliates, as well as its and their third-party licensors, for all damages, losses, and causes of action, whether arising from contract, tort (including negligence), or any other legal basis, shall be restricted to the amount paid by you to CaduceusLink for the use of the Site.

  1. Claims of Infringement

U.S. Copyright Infringement: The Digital Millennium Copyright Act of 1998 (the “DMCA”) offers a means of recourse for copyright owners who believe that materials displayed on the Internet infringe upon their rights under U.S. copyright law. If you have a good faith belief that materials hosted by CaduceusLink violate your copyright, you (or your agent) can submit a notice to request the removal of the material or the blocking of access to it. This notice should include the following information as required by 17 USC § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works on the site are involved, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, along with information reasonably sufficient to help CaduceusLink locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and that, under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been filed against you incorrectly, the DMCA allows you to send CaduceusLink a counter-notice. Notices and counter-notices must meet the current statutory requirements imposed by the DMCA; you can find details at http://www.loc.gov/copyright/. For matters concerning the Site, please send notices and counter-notices in writing to CaduceusLink Copyright Notice, CaduceusLink Tower, 200 West 6th Street, Floor 36, Austin, TX 78701, USA (copyright@CaduceusLink.com) (please remove spaces when sending email). We recommend that you seek advice from your legal counsel before filing a notice or counter-notice. Please also be aware that making false claims under the DMCA may result in penalties.

Other Claims of Infringement: For claims of infringement unrelated to U.S. copyright, please reach out to us through our Site contact form.

  1. Reservation of Rights

You acknowledge and agree that CaduceusLink, its affiliates, and its licensors hold all rights, titles, and interests in the Site and all the associated proprietary rights. CaduceusLink reserves all rights not expressly granted in this agreement. You are prohibited from altering any copyright notices, proprietary legends, trademark and service mark attributions, patent markings, or any other indications of ownership on the materials you access through the Site, except for your User Content. Additionally, any use of these materials or their descriptions, any creation of derivative works from the Site or its materials, and any use of data mining, robots, or similar tools for data gathering and extraction are strictly prohibited. You are also not allowed to frame any portion of the Site or any materials contained therein.

The materials found on the Site are provided with “Restricted Rights.” Government use, duplication, or disclosure of these materials is subject to restrictions outlined in applicable laws and regulations. When the Government uses these materials, it acknowledges CaduceusLink’s proprietary rights over them.

  1. Miscellaneous

This Agreement represents the complete understanding and agreement between you and CaduceusLink, and it supersedes and replaces any prior or concurrent understandings, representations, or agreements, whether written or verbal. In case of any inconsistency or conflict between these Terms of Service for All Users and the Candidate Terms, Employer Terms, or Affiliate Terms, the latter terms shall take precedence and control.

Each provision within this Agreement stands as an independently enforceable provision. If any provision within this Agreement is found unenforceable, it will be adjusted to the extent required to maintain the effectiveness of this Agreement.

This Agreement cannot be modified or amended except by a written document signed by an authorized representative of each party. Using our Site through an agency or reseller arrangement does not exempt you from the terms within this Agreement. Written or verbal communication between you and a CaduceusLink employee does not modify or amend this Agreement.

For any notices to CaduceusLink, they should be sent to the relevant CaduceusLink entity mentioned above through certified first class or air mail, or overnight courier, and they are considered received upon actual receipt. Notices to you may be delivered by sending an email to the email address provided in your account or by posting a message in your account interface. Such notices are considered received when sent (for email) or within fifteen (15) days after being posted (for messages in your account interface).

You are not permitted to assign or delegate any of your rights or responsibilities under this Agreement without prior written consent from CaduceusLink, and any such attempt is considered invalid. CaduceusLink can freely assign or delegate its rights and obligations under this Agreement without notice to you. CaduceusLink and you do not form a legal partnership, agency relationship, or employment relationship. CaduceusLink providing the Site or related services to you is purely as an information service provider.

CaduceusLink is not an employment agency when it provides the Site or its tools. Unless otherwise specified in writing, nothing within these terms should be interpreted as establishing an agency, partnership, joint venture, employment, or fiduciary relationship between us and third parties. Referring to such third parties as “partners” does not imply that they have the authority to bind us to any agreements or representations on our behalf without our prior written consent.

The term “Including” means “including without limitation.”

  1. Governing Law and Dispute Resolution

This Agreement will be governed in all respects, including but not limited to validity, interpretation, and performance, by the laws of the state of North Carolina, United States. Any disputes arising from this Agreement will be exclusively subject to the jurisdiction of the courts located in Winston Salem, North Carolina, United States.

For EU-based consumers, while Forsyth County, North Carolina law applies, you retain the protection of mandatory provisions within the law of your habitual residence. This includes any mandatory laws in your country of habitual residence that may restrict the choice of law or involve consumer protection regulations. These mandatory provisions shall not be affected by this Agreement.

  1. Patent Disclosure

Specific components of the Site and/or CaduceusLink Apps are licensed under one or more United States patents as detailed here.

CaduceusLink Products Terms of Service

Last Updated: January 2, 2024

CaduceusLink AdsLink Platform Terms

You engage with the AdsLink Platform when you advertise through CaduceusLink by creating, submitting, or paying for advertisements (“Ads”) to be displayed on CaduceusLink. Ads can be posted directly on the Site, through campaigns, XML feeds, APIs, ATS integrations, or other means that make Ads available on CaduceusLink. By posting Ads and utilizing the AdsLink Platform, you agree to adhere to the CaduceusLink Terms of Service (the “Agreement”), which includes these CaduceusLink AdsLink Platform Terms (“CLAP Terms”).

CaduceusLink reserves the right to modify the AdsLink Platform or these CLAP Terms at any time, and your continued use of the AdsLink Platform after being notified of such changes signifies your acceptance of the updated CLAP Terms.

  1. Ad Publishing

Ads on CaduceusLink can promote job listings, hiring events, or an employer’s brand. These ads are considered User Content under the Agreement, and by posting them, you grant CaduceusLink the right to use, display, publish, and host your ads as needed, including due to technical limitations.

Ads may be displayed on various pages, sites, services, devices, or apps at CaduceusLink’s discretion, including third-party sites. CaduceusLink’s control over these third-party sites is limited, and you accept any related publication risks. Other sites may collect performance data related to your ads.

The composition and frequency of target audiences are determined by CaduceusLink, and CaduceusLink may add labels to ads, such as “Urgent” or “Sponsored.” CaduceusLink may also display an estimate of job compensation unless you provide the actual compensation.

CaduceusLink does not guarantee ad reach, performance, placement, or distribution, and these factors may vary based on various considerations. CaduceusLink may reject or remove ads for any reason without notice, and it may pause ad campaigns without notice. Job boards may only post ads on behalf of employers and must adhere to specific guidelines.

Inclusion of ads that violate these terms or CaduceusLink policies may harm CaduceusLink and its users. While CaduceusLink may provide reasons for ad removal, it reserves the right to remove any ad it deems necessary.

To post a job ad for free, you can do so through the site without setting a budget. However, CaduceusLink may require sponsorship or limit the number of free ads you can post. CaduceusLink Hiring Events may also require a minimum ad budget.

Performance data related to unclaimed indexed job ads is available to anyone who claims the ad. You are responsible for claiming your ads and notifying CaduceusLink of any inaccuracies.

Employer Branding Ads may be sponsored and are governed by the CaduceusLink Terms of Use.

CaduceusLink Hiring Events involve managing ad campaigns, and you may be charged according to selected pricing models and any applicable subscription fees. Hosting a hiring event comes with responsibilities related to the event’s logistics, including screening applicants and responding to requests for accommodation.

You may include tracking pixels in ads, but CaduceusLink may disable them at any time. CaduceusLink disclaims liability related to tracking pixel use and advises against relying on them for profiling or behavioral analytics.

Integrations are provided as-is and without warranty. CaduceusLink disclaims liability for integration content and functionality. Your use of Integrations must comply with applicable laws, including privacy and data protection laws.

  1. Ad Sponsorship

Sponsoring an ad means that you are paying CaduceusLink to advertise and publish the ad, and you are requesting CaduceusLink to manage your ad campaign using automated tools for ad placement and bid optimization. However, it’s important to understand that sponsorship doesn’t guarantee specific publication times, placements, or more prominent visibility compared to other ads. CaduceusLink exercises its judgment and discretion to determine the most appropriate visibility for your ad based on your budget.

The cost of sponsoring an ad is determined by user activity metrics such as impressions, clicks, Started RSVPs, RSVPs, Started Applications, or Applications. You are not purchasing these individual user actions; they are simply ways to measure the advertising service provided by CaduceusLink.

The pricing for sponsorship can vary due to factors like supply and demand, internet traffic, job title, and location. Charges are based on CaduceusLink’s measurements of user activity, which may also rely on data from third parties, including vendors and other websites. CaduceusLink’s measurements are considered binding.

It’s important to note that CaduceusLink has the discretion to reject or remove any ad for any reason without notice, even if it has been sponsored. Once an ad is removed, it will no longer receive impressions, clicks, or any other user interactions.

  1. Budget and Pricing Models

Sponsored ad campaigns on CaduceusLink can be sponsored under different pricing models, and each user action associated with a sponsored ad will incur a charge until the ad’s budget is depleted, paused, or closed. The pricing models available to you may vary when starting, editing, or changing a sponsored ad campaign, and CaduceusLink reserves the right to offer different pricing models at different times, locations, and circumstances. If you do not select a pricing model for your sponsored ad campaign, CaduceusLink may choose one for you.

It’s your responsibility to monitor your ad campaigns, choose the appropriate pricing model and budget for each campaign, and manage their budgets. You have the flexibility to pause, unpause, or close your ad campaign at any time. The budget or spending limit you set for one campaign is specific to that campaign and does not impact other campaigns or services you may be running. If there is no end date specified in your written Insertion Order, your campaign will continue to run, and you will be billed until you contact CaduceusLink to cancel it.

CaduceusLink may provide recommendations and performance estimates for your budget, such as expected visibility or clicks, or other predictions related to your ad. However, this data is provided without warranty and does not guarantee specific performance, visibility, or user interactions with your ad or job.

Pricing Models

CaduceusLink offers various pricing models for sponsoring ads on the platform. Here are the different pricing models and how they work:

  1. Pay Per Impression: You are charged based on the number of impressions your ad receives. An impression is counted when your ad appears on a page or screen presented to a user. However, this does not guarantee user interaction with your ad. Impressions may be measured differently by third parties like Other Sites. You will be charged based on CaduceusLink’s impression count.
  2. Pay Per Click (Daily Budget): Charges are based on the number of clicks your ad receives, whether on the ad itself or on other content like messages and notifications. Your total click count is reflected in your dashboard, and charges are based on CaduceusLink’s click count.
  3. Pay Per Started RSVP: You are charged when a user initiates the RSVP process for your Hiring Event, even if they do not complete it. A Started RSVP occurs when a user clicks on a button or link to start or continue an RSVP. Charges are based on CaduceusLink’s Started RSVP count.
  4. Pay Per RSVP: Charges are incurred for each user who completes the online RSVP form agreeing to attend your Hiring Event. An RSVP does not guarantee that a candidate will attend the event. Charges are based on CaduceusLink’s RSVP count.
  5. Pay Per Started Application: You are charged when a user initiates the job application process, even if they do not complete it. A Started Application includes actions like clicking on a button or link to start or continue an application or scheduling an interview. Charges are based on CaduceusLink’s Started Application count.
  6. Pay Per Application: This pricing model is offered for a limited time and will no longer be available after a specified date. You are charged for each completed job application according to the price listed on the Site. The definition of a completed application may vary depending on the options available to you, such as application delivery by CaduceusLink, meeting specific qualification questions, or not being rejected within a specified time frame.
  7. Flat Fee: You are charged a flat fee (plus applicable taxes) to sponsor a Job Ad for a specified time period or until you receive a certain range of applications. The Job Ad will close either at the end of the time period or when the specified range of applications is reached, whichever comes first. The budget cannot be changed after billing information is submitted, and the fee is non-refundable even if you pause or close your ad early or receive fewer applications than expected.
  8. Subscription: You are charged monthly based on your chosen subscription (plus applicable taxes) to sponsor a Job Ad. Similar to the flat fee model, the Job Ad is sponsored for a specified time period or until a certain range of applications is received. The budget cannot be changed after billing information is submitted, and the subscription fee is non-refundable even if you pause or close your ad early or receive fewer applications than expected.

Please note that CaduceusLink may change the availability of certain pricing models or impose limits or conditions based on its discretion. It’s important to manage your ad campaigns, monitor budgets, and select the most suitable pricing model for your needs.

  1. Billing and Payment

When you sponsor ads on CaduceusLink, you should be aware of the following billing and payment terms:

  1. Charging Method: CaduceusLink may charge the credit card or bank account information associated with your account for the amount due.
  2. Billing Triggers:
    • You will be charged when your Ad campaign spending reaches $500.00 or more.
    • If you previously sponsored Pay Per Click Ads on the same account, you may also be charged once your Job Ad campaign spends $25.00.
    • For Ad campaigns or purchases exceeding $500 per month, you may be charged multiple times during a month.
  3. Payment Method Required: You must provide a valid payment method for your Sponsored Job campaign to begin. If you don’t provide a payment method, your campaign won’t start, and your Ad will not be visible. CaduceusLink may, at its discretion, remove the budget and post the Ad with organic visibility.
  4. Invoices: Invoices may be sent to you via email.
  5. Claiming Charges: You must raise any claims or disputes related to charges within 120 days after the charge is incurred. Failure to do so may affect your ability to dispute charges.
  6. Responsibility for Expenses: You are responsible for paying all expenses and attorney fees that CaduceusLink incurs while collecting overdue amounts.
  7. Refunds: Refunds, if applicable, will be provided according to the Refunds section in the Terms for All Users section of the Agreement.
  8. Taxes: Charges do not include taxes. You are responsible for any applicable taxes and government charges. You must also handle all withholding tax remittances to the government.
  9. Sharing Billing Information: CaduceusLink may share your credit card, bank account, and related billing and payment information with companies working on CaduceusLink’s behalf, such as payment processors or credit agencies, for purposes such as credit checks, payment processing, and account servicing. CaduceusLink may also share this information in response to valid legal processes or to protect its legal rights or defend against legal claims.

Please make sure to keep your billing and payment information up to date and be aware of your financial responsibilities when using CaduceusLink’s advertising services.

  1. Conditions and Prohibited Uses

Your use of the AdsLink Platform is subject to strict adherence to all applicable CaduceusLink terms and policies, including these CLAP Terms, the Agreement, the Site Rules, Privacy Policy, and instructions provided on the Site and CaduceusLink Apps. Any violations of these terms and policies may result in various consequences, including:

  1. Account Restrictions: Your account may be subject to restrictions.
  2. Account Termination: Your account and the Agreement with CaduceusLink may be terminated.
  3. Legal Consequences: Violations could lead to legal penalties and consequences.

Please note the following key points:

  • CaduceusLink may modify its terms and policies at any time, and it’s your responsibility to stay updated on them.
  • You are solely responsible for all information you provide or request CaduceusLink to publish, including User Content such as Ad content, job descriptions, screener questions, and target URLs. Ensuring the accuracy of this information is crucial.
  • You are responsible for ensuring that your use of the AdsLink Platform, the Site, and CaduceusLink Apps complies with all applicable laws.
  • You represent and warrant that you have the right and authority to use the Program and provide or claim your Ads and job feed. You must ensure that the information you provide is true, correct, and current.
  • You grant CaduceusLink, its affiliates, and sublicensees the necessary rights to use, copy, distribute, and display your User Content.
  • You shall not engage in any activity that could lead to automated, fraudulent, or otherwise invalid Site activity, manipulate Ad placement or bidding, report inaccurate measurements of user activity, circumvent owed charges to CaduceusLink, advertise goods or services inappropriately, or engage in any unlawful or fraudulent behavior. CaduceusLink reserves the right to terminate accounts suspected of such activities without notice and may take legal action.
  • CaduceusLink has the discretion to reject Ads or disable or terminate an Employer’s account for any reason, without notice. While some information may be provided regarding these decisions, CaduceusLink is not obligated to provide detailed reasons for account actions, and its decisions are final.

Please ensure that you comply with all CaduceusLink terms and policies when using the AdsLink Platform to avoid any negative consequences or disruptions to your account and advertising activities.

  1. Disclaimer and Limitation of Liability

The AdsLink Platform, the Site, and CaduceusLink Apps are provided “as is” and “as available,” and CaduceusLink, its affiliates, and its licensors disclaim all warranties, express or implied, including warranties of title, non-infringement, service quality, merchantability, and fitness for any purpose. Your use of these services is at your own risk, and CaduceusLink does not guarantee that they will always be uninterrupted, error-free, safe, or secure. CaduceusLink also disclaims all liability regarding other websites (Other Sites).

Specifically, CaduceusLink and its affiliates, as well as its and their licensors, do not make any guarantees or warranties regarding:

  1. The cost of advertising, whether measured by impressions, clicks, Started RSVPs, RSVPs, Started Applications, or Applications.
  2. The delivery or rates of impressions, clicks, Started RSVPs, RSVPS, Started Applications, or Applications, including any estimates provided on the Site or in an Insertion Order.
  3. The reach, performance, placement, distribution, or conversion of Ads.
  4. The accuracy or success of Ad targeting or the size or composition of any audience.
  5. The interest level or qualification of individuals who interact with your Ad, Hiring Event, or job.
  6. Attendance at a job interview, Hiring Event, or job.

Clicks and other user activities are anonymous, and CaduceusLink is not responsible for confirming a user’s identity. User activity, such as an impression, click, Started RSVP, RSVP, Started Application, or Application, is not a guarantee of interest in your Ad or job. CaduceusLink is not responsible for issues like click fraud, fraudulent leads, technological problems, or other potentially invalid activities by third parties that may affect the cost of Ads.

Except for amounts payable pursuant to Section 8 (Payment) and for any breach by you of Sections 3 (Ads) and 4 (Campaign Management), to the fullest extent permitted by law:

  1. Neither party will be liable for consequential, special, indirect, exemplary, punitive, or other damages, whether in contract, tort, or any other legal theory, even if advised of the possibility of such damages, and notwithstanding any failure of essential purpose of any limited remedy.
  2. Each party’s aggregate liability to the other under these CLAP Terms is limited to amounts paid or payable to CaduceusLink by you for the Ads giving rise to the claim.

In essence, these disclaimers and limitations of liability emphasize that your use of the AdsLink Platform and related services comes with certain risks, and CaduceusLink does not guarantee specific results or outcomes, nor does it accept liability for certain types of damages or losses. It’s important to be aware of these terms and use the platform accordingly.

  1. Cancellation

You have the option to cancel an Ad or campaign at any time. Typically, the cancellation becomes effective within 24 hours. However, you are responsible for paying for all advertising costs incurred before the cancellation, as well as any agreed-upon platform fees. If you cancel a Hiring Event, CaduceusLink may notify Candidates affected by the cancellation.

CaduceusLink also reserves the right to cancel or terminate the AdsLink Platform or these CLAP Terms at any time. Certain sections of these terms, specifically Sections 5 (User Responsibility), 6 (User Conduct), and 8 (Payment), will continue to apply even after the expiration, cancellation, or termination of these CLAP Terms.

  1. Indemnification

You are responsible for indemnifying, defending, and holding harmless CaduceusLink, its agents, affiliates, licensors, partners, and Affiliates (including Other Sites) from any claims or liabilities, including legal fees, that may arise as a result of your use of the AdsLink Platform, your Ads, User Content, screening or screener questions, Hiring Events, use of the Site or CaduceusLink Apps, use of tracking pixels or Integrations, any information or data you provide, your hiring process, or any breach of the Agreement or these CLAP Terms.

CaduceusLink ResumeLink Platform Terms

The CaduceusLink ResumeLink Platform Terms or CaduceusLink CVLink Platform Terms (referred to as “CLRSP Terms” collectively) are a part of and incorporated into the CaduceusLink Terms of Service (referred to as the “Agreement”). These CLRSP Terms apply specifically to Employers who use the CaduceusLink Resume Search service or indicate their acceptance of these CLRSP Terms. By agreeing to these CLRSP Terms, you are also agreeing to the CaduceusLink Terms of Service.

If there are any capitalized terms used in these CLRSP Terms that are not defined within them, you can refer to the definitions provided in the Agreement.

  1. The Program

These CaduceusLink Resume Search Program Terms (CLRSP Terms) are applicable to Resume Owners and Employers who use the CaduceusLink Resume Search service. By using this service, you agree to adhere to CaduceusLink’s best-practice guidelines, policies, and terms and conditions as provided through the Site, subscription or plan purchase pages, FAQs, and information pages specific to your country. These policies and terms may be subject to change.

You understand and acknowledge that the pricing and offerings of the Resume Search Program are subject to change. Purchasing additional subscriptions or modifying existing ones may reset your monthly billing date and result in pro-rated charges. Contacts expire after six months from the date of subscription purchase, and contacts received through special offers expire six months from the redemption date, unless otherwise specified.

You agree to use the information obtained from the Site solely for internal purposes related to selecting and contacting Resume Owners for the purpose of filling job listings. Your use of the Resume Search Program must comply with all applicable laws and should not be used for illegal, discriminatory, or fraudulent purposes. You are responsible for your use of the program, including your candidate searches, contact decisions, and employment-related choices.

CaduceusLink may send emails to Resume Owners on your behalf indicating that your job listing matches their resume. CaduceusLink may also limit the number and frequency of times you can contact a Resume Owner through the Site. You expressly agree that CaduceusLink does not guarantee the email address’s validity, whether messages will be received or read, or that Resume Owner information is accurate or complete.

You must not use the Resume Search Program in a spam-like manner, as defined by CaduceusLink, which includes sending job requests to unsuitable candidates or those who have indicated that such requests are unwanted. CaduceusLink reserves the right to disable the Resume Search contact service for users who violate these terms. The only acceptable use of the CLRSP is for contacting Resume Owners regarding job listings or potential employment. Scraping or data mining of the Resume Search database for any purpose other than allowed use is prohibited and may result in legal action.

CaduceusLink may impose limits on your search activity or block you from the Site if your usage affects the system negatively, is malicious, or violates the Agreement. Competitive use of the Resume Search database to send job offers from your clients to Resume Owners is prohibited and may result in consequences, including blocking your access to the Site and contacting Resume Owners without notice.

If provided, phone numbers in resumes are not guaranteed to be valid, and you must call Resume Owners regarding relevant job opportunities only. You are responsible for complying with all relevant laws, including TCPA guidelines and laws governing telephone communications.

Resume Owner information is self-reported, may be outdated or inaccurate, and is not verified by CaduceusLink. Filtering, sorting, matching, or ranking tools rely on this information and your job requirements or preferences. Appearance in search results does not guarantee Resume Owners have the attributes or experience you seek. CaduceusLink does not guarantee the accuracy of verifications or information on the Site, and it is your responsibility to verify information.

  1. Cancellation

Once you have requested CaduceusLink to contact a Resume Owner, you are not able to retract that request. If you decide to cancel your use of the CaduceusLink Resume Search Program (CLRSP), you should follow any cancellation policies provided on the Site.

It is important to note that CaduceusLink retains the right to terminate any subscription at its discretion, with or without providing a specific reason. Additionally, CaduceusLink may cancel, update, or modify the Program or these CLRSP Terms at any time, and this will not result in any liability on CaduceusLink’s part. If you continue to use the Program after receiving notice of changes to the Program or these CLRSP Terms, it signifies your acceptance of the updated terms.

Sections 1, 3, 4, 5, and 6 will remain in effect even after the expiration or termination of these CLRSP Terms.

  1. Your Information

You confirm and guarantee that all the information you furnish to CaduceusLink is accurate and up-to-date. Furthermore, you assert to CaduceusLink that you are an Employer with a genuine interest in evaluating the Resume Owner as a potential candidate for employment.

  1. Disclaimer and Limitation of Liability

CADUCEUSLINK’S OFFERING OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. REGARDING THE PROGRAM AND YOUR USAGE OF IT, CADUCEUSLINK, ALONG WITH ITS AFFILIATES AND THIRD-PARTY LICENSORS, CLEARLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY WARRANTIES CONCERNING THE VALIDITY OF PROVIDED EMAIL ADDRESSES, THE DELIVERY OF EMAILS SENT AT YOUR REQUEST, THE RECIPIENT’S READERSHIP OF SUCH EMAILS, OR THEIR SUBSEQUENT ACTIONS. FURTHERMORE, CADUCEUSLINK AND ITS AFFILIATES, ALONG WITH THIRD-PARTY LICENSORS, EXPLICITLY DISCLAIM ANY WARRANTIES REGARDING THE AVAILABILITY OR TIMELY ACCESS TO RESUMES, OR THE ACCURACY OF A RESUME IN DESCRIBING AN APPLICANT’S SKILLS, QUALIFICATIONS, OR ABILITIES. CADUCEUSLINK AND ITS AFFILIATES, ALONG WITH THIRD-PARTY LICENSORS, RENOUNCE ALL OTHER WARRANTIES, INCLUDING THOSE FOR NON-INFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR PARTICULAR PURPOSES. YOUR UTILIZATION OF CADUCEUSLINK, THE SITE, AND THE PROGRAM IS DONE AT YOUR OWN RISK, AND CADUCEUSLINK MAKES NO GUARANTEES ABOUT THE ERROR-FREE, SAFE, OR SECURE NATURE OF THE SITE OR PROGRAM.

UNLESS OTHERWISE REQUIRED BY LAW, CADUCEUSLINK SHALL NOT BE HELD LIABLE UNDER THESE CLRSP TERMS FOR CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. THIS HOLDS TRUE REGARDLESS OF WHETHER SUCH DAMAGES ARE ARISING FROM A CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. EVEN IF ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, CADUCEUSLINK SHALL NOT BE LIABLE FOR ANY DAMAGES THAT ARISE, AND THIS LIMITATION SHALL APPLY UNLESS THERE IS A FAILURE OF AN ESSENTIAL PURPOSE IN ANY LIMITED REMEDY. MOREOVER, EACH PARTY’S TOTAL LIABILITY TO THE OTHER PARTY UNDER THESE CLRSP TERMS SHALL BE LIMITED TO THE AMOUNTS PAID OR PAYABLE TO CADUCEUSLINK BY YOU FOR THE CADUCEUSLINK RESUME SEARCH SERVICE THAT GIVES RISE TO THE CLAIM.

  1. Payment

You will be billed according to the rates specified on the Site, as determined by CaduceusLink. CaduceusLink may, at its discretion, pause your subscription or plan upon your request. When CaduceusLink resumes your subscription or plan, it will continue for the remaining duration until it expires and then automatically renews. You can find detailed information about the resume subscription plan on the Site. If your billing address is within the United States, all charges shall be in US Dollars. If your billing address is elsewhere, you may have the option to pay charges in different currencies, including but not limited to US Dollars, Euro, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, Mexican Pesos, or Japanese Yen, as selected when creating your account. This choice of currency will be subject to CaduceusLink’s discretion.

Charges do not include taxes, such as VAT, which you are responsible for paying, along with any applicable government charges. You also agree to cover reasonable expenses and attorney fees incurred by CaduceusLink in the process of collecting overdue payments. If you are in Japan, Japanese consumption tax will apply to all CaduceusLink products and services imported into the country. You waive any claims related to charges that are not reported within 120 days after the charge, although this does not affect your rights with your credit card issuer.

Payments are nonrefundable, and there will be no refunds or credits for partially used portions of periodic allotments under the relevant resume subscription or plan. However, following cancellation, you will still have access to the service until the end of your current billing period. Refunds, if granted, are solely at CaduceusLink’s discretion and will be issued in the form of credit for CaduceusLink services.

You acknowledge and consent to the sharing of your credit card, bank account, and related billing and payment information with third-party companies that work on CaduceusLink’s behalf, such as payment processors and credit agencies. This sharing is strictly for purposes such as credit verification, payment processing, and account servicing. CaduceusLink may also disclose this information in response to valid legal processes, such as subpoenas, search warrants, court orders, or to protect its legal rights and defend against legal claims. CaduceusLink assumes no liability for any use or disclosure of this information by such third parties.

You are solely responsible for any withholding tax remittances to the government. Invoices may be delivered to you electronically, unless otherwise specified by CaduceusLink. Unless your plan is in India, if you purchase a subscription or plan, you acknowledge that it will automatically renew, and CaduceusLink will charge you periodically until you cancel your subscription or plan, and such cancellation takes effect, which may not occur until the next billing cycle. Pausing your subscription or plan does not cancel it, and it will continue to automatically renew after being unpaused. The billing cycle terms (e.g., monthly or annually) will depend on the agreement you entered into.

  1. Indemnification

You are required to indemnify, defend, and protect CaduceusLink, its agents, affiliates, and licensors against any claims or liabilities from third parties, including reasonable legal fees, stemming from your use of the Program. This encompasses various aspects, including but not limited to how you conduct your searches, any interactions you have with recipients or intended recipients, any emails you request to be sent in accordance with these CLRSP Terms, any phone calls or text messages you initiate with a recipient, as well as the activities of any third-party service provider you enlist to facilitate your sourcing efforts through the Program, such as an Applicant Tracking System (ATS).

CaduceusLink Assessments Terms

The following CaduceusLink Assessments terms, referred to as “CLA Terms,” are an integral component of, and are included within, the CaduceusLink Terms of Service. By engaging with or utilizing CaduceusLink Assessments as an Employer in any capacity, or by registering as an Employer on CaduceusLink Assessments, or by explicitly accepting these CLA Terms, you acknowledge your acceptance of these CLA Terms and the CaduceusLink Terms of Service, which are collectively referred to as the “Agreement.” Any capitalized terms not explicitly defined within these CLA Terms are attributed the definitions outlined in the Agreement.

Introduction

CaduceusLink Assessments is an online platform designed for the creation, delivery, and review of assessments (referred to as “Assessments”) selected by Employers. These Assessments are used to request responses from Candidates through the CaduceusLink platform (referred to as “Responses”). Assessments encompass any assessment made available by CaduceusLink or third-party assessment providers, which can be sent to Candidates via CaduceusLink.

Assessments

By utilizing CaduceusLink to transmit Assessments to Candidates, you affirm that such transmission is carried out at your explicit request. Furthermore, you represent and warrant that you have obtained the Candidate’s consent for CaduceusLink to contact them for the purpose of transmitting the selected Assessments. Once you have requested CaduceusLink to transmit an Assessment to a Candidate, this request cannot be canceled. While CaduceusLink cannot guarantee that Candidates will receive, access, read, or respond to Assessments, or that transmission errors will not occur, CaduceusLink may notify you when such events happen.

You acknowledge that the questions contained in Assessments, as well as the decision to use them as part of your application process, are entirely your responsibility. Assessments are designed to evaluate specific knowledge, skills, or abilities and do not assess a Candidate’s overall qualification for a job or their ability to safely perform it. Whether a particular skill is relevant to a job or whether a Candidate is suitable for a job is determined solely by you. You commit to using Assessments alongside other selection and hiring processes, not as the sole criterion for evaluating a candidate’s suitability. CaduceusLink reserves the right to modify any Assessment or its questions at its discretion, including for quality control purposes.

The transmission of an Assessment to a Candidate does not guarantee a Response or any further communication from the Candidate. You consent to CaduceusLink’s processing and analysis of your Assessments and other communications sent through CaduceusLink Assessments in accordance with the terms outlined in this Agreement and CaduceusLink’s Privacy Policy.

Responses

Candidates provide Responses to Assessments at their discretion. Once a Candidate has provided a Response, you can review it using the CaduceusLink Assessments platform. In the case of third-party Assessments, you may only have access to limited information, such as a link to the final result of the Assessment. Candidates may also choose to associate an Assessment and Response with their CaduceusLink Profile, which will be visible to Employers as per our Terms. If multiple versions of the same Assessment exist, the Response percentile is determined in relation to other Responses to the same version of that Assessment. Assessments administered by third parties other than CaduceusLink are scored solely according to the scoring criteria established by those third parties.

As an Employer, you are the sole decision-maker regarding whether a Response, including a result, indicates a qualified Candidate. You have the option to instruct CaduceusLink to send rejection notices to Candidates who have not responded to Assessments in a manner satisfactory to you, with no discretion granted to CaduceusLink in the transmission of these rejections. You are also responsible for determining whether to offer Candidates the opportunity to retake Assessments, update, or modify their Responses.

You acknowledge and agree that Responses are provided on the condition that you use them responsibly and legally as part of your hiring process, taking into account other relevant information about the Candidate. CaduceusLink may display excerpts from or summaries of Responses in other products, such as CaduceusLink Resume. These summaries are for convenience and should not be used as the sole basis for making hiring decisions.

Rules for Using CaduceusLink Assessments

As an Employer, you warrant that you will not use CaduceusLink Assessments for any illegal, discriminatory, or fraudulent purposes, whether directly or indirectly. You shall not create or send Assessments that are illegal, discriminatory, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable. This includes any content containing sexual, ethnic, racial, or other discriminatory slurs or content without relevance or constructive value. Additionally, you shall not create or send Assessments containing proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or any other form of unsolicited commercial communication unless explicitly permitted by CaduceusLink in writing.

CaduceusLink Assessments must not be used to request sensitive personal data from Candidates. Employers are prohibited from creating or sending Assessments that seek highly confidential personal information, such as bank account or credit card details, online account information, social security numbers (or equivalent information outside the United States of America), health information, or other types of personal data subject to data breach notification requirements in any country.

In the event that you receive an accommodation request through CaduceusLink Assessments, you are obligated to provide an accommodation as required by applicable law and furnish evidence of compliance to CaduceusLink upon request. Failure to meet these obligations constitutes a material breach of this Agreement, and CaduceusLink reserves the right to immediately terminate your account and access to CaduceusLink Assessments without further obligation.

You understand and accept that CaduceusLink has no obligation to screen Assessments or Responses or to publish them on the Site. CaduceusLink may exclude or remove any Assessment or Response from the Site at its discretion and without liability or prior notice.

CaduceusLink’s Role

CaduceusLink does not function as an employment agency in offering the CaduceusLink Assessments tool. By using CaduceusLink Assessments, you acknowledge that CaduceusLink does not procure employees for Employers or provide work opportunities for Candidates. CaduceusLink serves as a tool to facilitate the exchange of Assessments and Responses between Employers and Candidates as they see fit. The responsibility for the content of Assessments and Responses, as well as any decisions regarding interviews, offers of employment, employment acceptance or denial, and other matters arising from the use of CaduceusLink Assessments, rests solely with Employers or Candidates, as applicable.

CaduceusLink cannot verify the information submitted by Candidates or any other users, including their identities. CaduceusLink does not conduct background checks on Candidates or attempt to verify their statements. You are responsible for conducting any necessary background checks, reference checks, or due diligence before extending an offer of employment to a Candidate. Compliance with all laws and regulations related to the employment of Candidates is your responsibility. In cases where formal licenses or certifications may be required for specific skills, Assessments do not substitute for such licenses or certifications, nor do they indicate whether a Candidate possesses them. It is your responsibility to ascertain the licenses or certifications necessary for a job and whether a Candidate holds such qualifications. CaduceusLink does not determine the necessity of specific skills for a job, leaving this decision solely to you or your legal counsel, in accordance with EEOC regulations and other applicable laws.

CaduceusLink does not have a stake in, act as a third-party beneficiary to, or assume liability for any agreements, offers, or commitments between an Employer and Candidate, regardless of whether CaduceusLink receives fees from the Employer for its services. CaduceusLink is not liable for any costs or damages arising from such transactions.

CaduceusLink assumes no responsibility and disclaims all liability for the content, accuracy, validity, completeness, legality, reliability, or availability of the Site, CaduceusLink Assessments tool, or any Assessment or Response.

Fees

At present, Employers can use CaduceusLink Assessments free of charge. However, CaduceusLink retains the discretion to discontinue free usage and institute charges for Employers to access CaduceusLink Assessments either as a standalone product or in conjunction with other CaduceusLink offerings.

Confidentiality

You agree to keep all information obtained through the use of CaduceusLink Assessments confidential. You undertake to use any content provided by Candidates in compliance with applicable privacy and data protection laws. Furthermore, you will not disclose the names or identities or share the profiles of Candidates outside of your recruiting or hiring department. You commit to implementing suitable physical, technical, and administrative measures to safeguard content acquired through CaduceusLink Assessments from loss, misuse, unauthorized access, disclosure, alteration, or destruction.

Disclaimer and Limitation of Liability

CADUCEUSLINK ASSESSMENTS, ALONG WITH ALL MATERIALS, INFORMATION, ASSESSMENTS, RESPONSES, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH CADUCEUSLINK ASSESSMENTS, ARE OFFERED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. CADUCEUSLINK SPECIFICALLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT ANY ASSESSMENT OR RESPONSE, INCLUDING RESULTS, PROVIDED TO CADUCEUSLINK IS VALID OR ACCURATE, THAT ANY ASSESSMENT OR RESPONSE ACCURATELY OR FULLY ASSESSES A PARTICULAR SKILL OR IS RELEVANT TO ANY JOB REQUIREMENT, THAT ANY COMMUNICATION (INCLUDING ASSESSMENTS AND RESPONSES) WILL REACH THE INTENDED RECIPIENT, THAT THE INTENDED RECIPIENT OF THE COMMUNICATION SENT AT YOUR REQUEST WILL READ IT, OR THAT THE INTENDED RECIPIENT WILL ACT UPON IT. CADUCEUSLINK ADDITIONALLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO NONINFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. CADUCEUSLINK MAKES NO REPRESENTATION THAT CADUCEUSLINK ASSESSMENTS WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ALL ERRORS WILL BE CORRECTED. YOUR USE OF CADUCEUSLINK, THE SITE, AND CADUCEUSLINK ASSESSMENTS IS AT YOUR OWN RISK. CADUCEUSLINK DOES NOT GUARANTEE THAT THE SITE OR CADUCEUSLINK ASSESSMENTS WILL ALWAYS BE ERROR-FREE, SAFE, OR SECURE.

EXCEPT FOR YOUR BREACH OF SECTION 7 (CONFIDENTIALITY) OR INDEMNIFICATION AMOUNTS PAYABLE HEREUNDER, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO CADUCEUSLINK BY YOU.

Indemnification

You agree to defend, indemnify, and hold CaduceusLink harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, or debts, including attorney’s fees, arising from:

(a) Your violation of any term of this Agreement.

(b) Your use of, and access to, CaduceusLink Assessments or the Site.

(c) Your loss of, or disclosure of, information gained from using CaduceusLink Assessments or the Site.

(d) Your violation of any applicable laws or regulations, including but not limited to the Fair Credit Reporting Act, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws (this includes any claims that CaduceusLink, as your agent, violated any such laws).

(e) Your violation of any third-party rights, including but not limited to any copyright, property, or privacy rights.

(f) Any claim that your content caused damage to a third party.

(g) Your actions as an Employer, including but not limited to screening, hiring, promoting, or demoting any employee or Candidate.

You also agree to fulfill your duty to defend CaduceusLink against such claims. You agree that this indemnity encompasses your obligation to pay for CaduceusLink’s reasonable attorney’s fees, court costs, settlements, and disbursements. This defense and indemnification obligation will persist even after the termination of this Agreement and your use of CaduceusLink Assessments.

Termination

CaduceusLink reserves the right to suspend CaduceusLink Assessments, the Site, your account, or any other services provided to you, and we may choose to terminate this Agreement with you at our sole discretion, either with or without prior notice. Should you wish to terminate this Agreement, you have the option to do so by notifying CaduceusLink at any time and closing your account. It’s important to note that certain provisions of this Agreement are designed to continue even after termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity clauses, and limitations of liability. These provisions shall remain in effect beyond the termination of the Agreement.

CaduceusLink API Terms

These CaduceusLink API terms (“API Terms”) and accompanying documentation (“Documentation”) are integral components of the CaduceusLink Terms of Service, and they apply to all individuals who access or employ an Application Programming Interface generated or maintained by CaduceusLink (“API”). This includes those who create applications that interact with or utilize any CaduceusLink API, the Site, or any CaduceusLink service (“Application”). If you demonstrate acceptance of these API Terms through any means, whether by accessing or using any API or Documentation or by any other method, you are bound by these API Terms as well as the CaduceusLink Terms of Service (“Agreement”). This Agreement encompasses the terms related to any CaduceusLink service you may be utilizing, and it also encompasses all CaduceusLink policies, including the CaduceusLink Privacy Policy and Cookie Policy. Should you encounter capitalized terms within these API Terms that are undefined, their meanings are ascribed as set forth in the Agreement.

  1. The APIs

CaduceusLink grants you access to one or more APIs, along with related Documentation, exclusively for your internal business purposes related to developing and utilizing Applications, or for CaduceusLink to process and analyze submitted information and behavioral data in accordance with the CaduceusLink Privacy Policy. It’s important to note that CaduceusLink bears no responsibility and disclaims all liability for the accuracy, content, completeness, legality, reliability, operability, or availability of information or material provided through any API. For the most accurate and up-to-date information, it is recommended to use the Site directly.

Your license to use the API is contingent upon your adherence to all terms and conditions specified in the Agreement. This license is revocable, non-exclusive, non-transferable, and non-sublicensable, and it does not imply any additional rights. CaduceusLink retains all rights that are not explicitly granted in this Agreement.

You have the freedom to create an Application that interacts with a CaduceusLink API for the benefit of your employees or independent contractors, for internal business purposes (“End Users”). Your and your End Users’ usage of an API or Application to access the Site or any CaduceusLink App is governed by the respective Terms of Service for the Site or CaduceusLink App. Furthermore, you are obligated to ensure that your End Users accept and comply with these Terms of Service as well as these API Terms. You are also responsible for overseeing your End Users’ usage of your Application and any API. It is incumbent upon you and your End Users to routinely review any CaduceusLink App or the Site to stay informed about the latest information (including, but not limited to, feature explanations, disclaimers, disclosures regarding services, and billing methods) concerning CaduceusLink’s products and services. By utilizing an Application or Applicant Tracking System (“ATS”) via an API instead of directly accessing the Site or a CaduceusLink App, you agree to abide by all information presented on the Site or a CaduceusLink App. The use of an Application or ATS via an API, in lieu of direct utilization of the Site or a CaduceusLink App, does not exempt you from being informed or understanding CaduceusLink’s products and services, as long as such information is otherwise provided on the Site or a CaduceusLink App.

CaduceusLink reserves the right to monitor your and your End Users’ API usage and may process and analyze submitted information and behavioral data in accordance with the CaduceusLink Privacy Policy. This monitoring may entail CaduceusLink accessing and utilizing your Application. You are not permitted to obstruct this monitoring, and CaduceusLink may employ technical means to counteract such interference. You consent to the processing, analysis, review, and storage of any communication sent or received via API (including communication to/from an email address aliased by CaduceusLink and/or using a different email address from the one associated with your account). This processing may include automated methods and is conducted for purposes such as data analysis, quality control, enforcement of Site rules and other CaduceusLink policies, content moderation, and enhancements to the Site or any other CaduceusLink product or service.

You agree to notify CaduceusLink promptly in advance of your decision to cease using any APIs that permit CaduceusLink to process and analyze submitted information and behavioral data.

CaduceusLink retains the authority to impose restrictions on API access (including limitations on the number of calls or requests) and to monitor API usage to enforce these restrictions, all at its sole discretion. These limitations may be outlined in the Documentation or communicated to you by CaduceusLink.

When using CaduceusLink’s API, you acknowledge and consent to periodic audits of your usage. CaduceusLink may request and you must provide (or ensure your agent provides) data usage metrics for review. In the event that CaduceusLink identifies violations of these guidelines, your use of CaduceusLink’s API may be limited or terminated.

CaduceusLink retains the right to update, modify, or discontinue the API at any time and at its sole discretion, without incurring liability to you. CaduceusLink may also require you to obtain and use the most recent version, and you are responsible for updating your Application at your own expense. Please be aware that CaduceusLink’s API updates may have adverse effects on how your Application communicates with the Site or a CaduceusLink App, and you agree that CaduceusLink will not be held liable for any such effects. Your use of an API following an update by CaduceusLink constitutes your acceptance of the updated terms. CaduceusLink reserves the right to develop products or services that are similar to, or may compete with, any Application.

  1. Restrictions

When accessing and utilizing the Site or any CaduceusLink App through an API, you must adhere to the Site Rules, these API Terms, and any additional rules, guidelines, and policies provided by CaduceusLink. These additional rules, guidelines, or policies may be outlined in the Documentation (including the CaduceusLink Developer Portal), these API Terms, or communicated to you by CaduceusLink. For example, if you use the CaduceusLink Apply API in connection with your Job Listings, you agree not to compel or burden a Candidate to submit a duplicate application through other means if that Candidate has already applied to your Job Listing using CaduceusLink Apply. You also agree to accurately inform a Candidate about the information and data you collect from and about them when they apply to your job through CaduceusLink Apply, including how you handle and share such information and data. Furthermore, you commit to honoring a Candidate’s request for their information and data collected in connection with any API. By using the CaduceusLink Apply API, you agree to employ HTTPS POST URL(s).

In connection with your API access, Application development or use, you agree to:

(a) Comply with the Agreement, API terms, Site Rules, all applicable laws, regulations, and guidelines, standards, and requirements provided by CaduceusLink (including those stated in the CaduceusLink Developer Portal).

(b) Monitor your Applications for any activity that breaches these API Terms.

(c) Promptly restrict End Users who violate these API Terms from further use of your Application.

(d) Quickly notify CaduceusLink of any violations of these API Terms by you or End Users.

You, your Application, and your End Users must not engage in the following actions in connection with your API access, use of an Application, or Application development:

(a) Violate any Site Rule or other rule or policy pertaining to the Site, or any applicable law or regulation.

(b) Copy, duplicate, modify, or create derivative works of an API, in whole or in part.

(c) Attempt to reverse engineer, disassemble, decompile, decode, adapt, or otherwise derive or gain access to any source code component of an API.

(d) Remove any proprietary notices from materials accessible through any API.

(e) Make an API or Application available to a third-party except as permitted by a written agreement with CaduceusLink.

(f) Circumvent any API access limitations imposed by CaduceusLink.

(g) Engage in scraping, database creation, or the creation of permanent copies of any User Content, unless expressly permitted by the Documentation or CaduceusLink.

(h) Modify, misrepresent, or manipulate data provided by any API.

When reporting CaduceusLink data obtained through any API, you are obliged to represent such data accurately. This data should not include:

(a) Blended third-party fees, including fees from the entity using the API.

(b) Data from third parties, such as other advertising providers.

(c) Sponsored data combined with organic data.

If you use an API to provide CaduceusLink services to an Employer, you are required to provide accurate reporting to the Employer regarding the services obtained through the API and the value these services represent. You must present data to Employers in an organized and comprehensible manner, allowing them to filter and sort data categories such as clicks, apply starts, media spend, and other metrics.

You are also obligated to establish and adhere to a Privacy Policy for your Application, accurately describing to End Users and/or Candidates the user information you collect and how you use and share such information with CaduceusLink and other third parties. Furthermore, you commit to safeguarding all such information in accordance with applicable laws, and not accessing or using this information (especially personal data) except as necessary to provide CaduceusLink services to an Employer through your Application.

If you access any CaduceusLink API or Documentation to deliver CaduceusLink services to an Employer, you acknowledge and agree that you will not access personal data (as defined by applicable Data Protection law) for the purpose of providing CaduceusLink services to an Employer. However, if you have received personal data from CaduceusLink that is not necessary for delivering CaduceusLink services to an Employer, you must notify CaduceusLink and return or destroy such personal data as instructed by CaduceusLink. If you and CaduceusLink agree to process personal data in connection with providing CaduceusLink services, your general responsibilities regarding access nature and purpose, security controls and protocols, international data transfer, etc., will be detailed in a Data Processing Addendum.

  1. Access and API Key

You must access an API only in accordance with the instructions provided in its Documentation. To call or otherwise access or use an API, CaduceusLink requires you to adhere to its registration and implementation process, which includes furnishing details about your Application and designating a current contact person for communication regarding your Application or API access and usage. CaduceusLink mandates that you utilize a password, key, or another security device to access an API (“API Key”). Instructions for obtaining an API Key are outlined in the relevant Documentation. You are responsible for all actions related to the access and utilization of the API under your API Key. You commit to maintaining the confidentiality and security of your API Key, refraining from sharing it with any third party, and employing it only in compliance with these API Terms. You must not misrepresent or conceal your identity or your Application’s identity. The decision to grant you API access or provide an API Key is entirely within CaduceusLink’s discretion. CaduceusLink may limit or terminate your API access or API Key at any time.

  1. Intellectual Property

You hereby acknowledge and fully comprehend that CaduceusLink, in conjunction with its affiliates or licensors, possesses complete and exclusive ownership of the API, the Site, and CaduceusLink Apps, along with all proprietary rights associated therewith. CaduceusLink retains the entirety of these rights, except those expressly granted within these API Terms. You are expressly forbidden from making any alterations to copyright notices, proprietary designations, attributions of trademarks and service marks, patent notations, or any other indicators of ownership on materials accessed through the API, except when it concerns your User Content.

In the event that you provide feedback or proffer suggestions pertaining to our APIs, you must acknowledge that we reserve the right to utilize such input without any obligation to you.

Furthermore, you must acknowledge that User Content, as delineated in the Agreement, may be accessible through the APIs. It is crucial to understand that User Content is the exclusive responsibility of the individual who originally supplied it to CaduceusLink.

  1. Disclaimer and Limitation of Liability

The Site, APIs, and Documentation are provided in their current state, “as is,” without any warranties, whether express or implied. CaduceusLink, its affiliates, and its third-party licensors explicitly disclaim, to the fullest extent permitted by law, all warranties, including but not limited to merchantability, title, service quality, fitness for a particular purpose, and non-infringement of proprietary rights. There are no guarantees regarding the security, reliability, timeliness, or performance of the APIs and Documentation, or any materials, information, advice, job listings, user content, products, or services available through any API. There are no warranties for services or goods received through any API. CaduceusLink and its affiliates, as well as its third-party licensors, cannot guarantee that the Site, APIs, Documentation, or any materials, information, advice, job listings, user content, products, or services accessible through any API will always be uninterrupted, error-free, safe, or secure.

It is important to recognize and agree that accessing and using a CaduceusLink API is entirely at your own discretion and risk. You accept full responsibility for any damages to your computer system or loss of data resulting from such access or use.

Similarly, the creation of an Application is a decision made at your own discretion and risk, and you will be solely responsible for any damages to your own or any other person’s computer system or loss of data resulting from your Application.

Unless otherwise stated in Section 8 herein and for any breach by you of Section 1, it is emphasized that neither party shall be held liable under these API Terms for any consequential, special, indirect, exemplary, punitive, or other damages, regardless of the legal theory under which such claims arise. Even if advised of the potential for such damages, and notwithstanding any failure of essential purpose of any limited remedy, neither party shall bear responsibility for such damages. Furthermore, the aggregate liability of each party to the other under these API Terms is restricted to the amounts paid or payable to CaduceusLink by you for the CaduceusLink service that gave rise to the claim.

  1. Payment

Unless you have a distinct, written agreement in place with CaduceusLink, you will incur charges in accordance with the Terms of Service and payment details provided on the specific CaduceusLink App or Site that you and your End Users are utilizing. These charges will be based on CaduceusLink’s measurements of your usage. It is your responsibility, as well as that of your End Users, to consistently review the relevant CaduceusLink App or Site to ensure that you are up to date with the most current payment information and the methods by which CaduceusLink bills you for your utilization of their products and services.

  1. Cancellation

Unless otherwise specified in a separate agreement with CaduceusLink, you have the option to terminate this Agreement at any time by discontinuing your use of the APIs and removing your Application. CaduceusLink retains the right to discontinue any API, or any part thereof, or your access to it, for any reason and without incurring any liability or obligation towards you. Furthermore, CaduceusLink is entitled to promptly terminate the API or these API Terms at any moment upon notice. It is important to note that CaduceusLink has the authority to modify these API Terms at any time, and your continued use of an API or Application after being informed of changes in these API Terms constitutes your acceptance of the updated terms.

Upon the termination of this Agreement: (a) Your license to access and use any CaduceusLink API will instantly expire; (b) You must delete your Application as well as all User Content obtained through the Site or API.

It is important to note that CaduceusLink reserves the right to notify any End User of the cancellation of this Agreement or your right to use an API.

Sections 1, 2, 3, 4, 5, 6, and 8 shall persist beyond the conclusion of these API Terms.

  1. Indemnification

You are obligated to indemnify, defend, and safeguard CaduceusLink, its agents, affiliates, and licensors against any third-party claims or liabilities (including but not limited to reasonable legal expenses) that may arise as a result of your or your End Users’ use of the API, User Content, your Application, or any breach of these API Terms.

CaduceusLink HireLink Platform Terms

The CaduceusLink HireLink Platform Terms (“CLHLP Terms”) are an integral part of the CaduceusLink Terms of Service, applying to Employers and Candidates who access or utilize the CaduceusLink HireLink Platform, its associated services, or express their acceptance of these CLHLP Terms. By accessing, using, or accepting these CLHLP Terms, you are in agreement with both these terms and the CaduceusLink Terms of Service (referred to as the “Agreement”), including any terms associated with any CaduceusLink service you use within the CaduceusLink HireLink Platform.

In case you encounter capitalized terms within these CLHLP Terms that lack specific definitions, their meanings can be found in the Agreement.

  1. The Program

The CaduceusLink HireLink Platform is designed to enhance and streamline your hiring and employment decision-making processes by granting users access to various products like CaduceusLink Interview and related services, collectively referred to as the “Program.” It is important to understand that the use of the Program and its associated products is entirely at your discretion. These tools are applied to your hiring process and job openings according to your preferences.

You acknowledge and agree that you are responsible for adhering to all applicable employment and hiring laws, including Title VII. Furthermore, you must indemnify CaduceusLink against any claims that may arise due to your utilization of the CaduceusLink HireLink Platform or similar products. CaduceusLink explicitly disclaims any liability and does not guarantee that your use of the services complies with Title VII or similar laws. It’s essential to note that CaduceusLink, by offering the Program and related tools, does not function as an employment agency and is not responsible for procuring employees or job opportunities for Candidates.

By using the Program and accepting these CLHLP Terms, you authorize CaduceusLink to:

  1. Post Job Listings or Job Ads on your behalf on the Site and manage ad campaigns, including tracking RSVPs and Started RSVPs.
  2. Implement an RSVP function on the Site for hiring events, interview sessions, or interview posts (“Events”) corresponding to your Job Ads or Listings.
  3. Receive RSVPs from Candidates for your Events.
  4. Incorporate any screening tools you choose, such as screening questions, evaluation methods, and Assessments.
  5. Forward information provided by a Candidate who RSVPs to your Events to you and/or other authorized individuals.
  6. Communicate Event-related information (via email or text message) to Candidates who RSVP to your Events.

If you request that CaduceusLink send you information provided by a Candidate who RSVPs to the Event(s), you certify that such person is part of your organization or is otherwise authorized to receive such information.

For any Job Ad posted on CaduceusLink via the Program, including Job Ads for your Events, you agree that such Job Ads are subject to the CaduceusLink AdsLink Platform terms, which are incorporated into these CLHLP Terms. Additionally, your use of any tools provided by CaduceusLink is subject to the relevant Terms of Service. For instance, using Assessments is subject to the CaduceusLink Assessments Terms.

You accept full responsibility for all aspects of your Events, whether participating or hosting, including Job Listing or Job Ad content, screening questions, Assessments, handling and protecting Candidate information, Event location, attendee management, and any event-related materials. You must also accommodate Candidate requests or needs during the interview or application process at the Event. It’s crucial to represent and warrant that any data collected from attendees and shared with CaduceusLink complies with local privacy regulations.

Additionally, you grant CaduceusLink, its affiliates, and sublicensees a license to use your name, username, trademarks, and logos in connection with any User Content or CaduceusLink marketing materials. This includes the use of keywords in third-party internet searches. You acknowledge that CaduceusLink may promote your Job Listing or Job Ad through various means, including targeted advertising on third-party websites and search engine keyword placement.

You also acknowledge that CaduceusLink is not responsible for reviewing qualifications, verifying identification, or screening Candidates during each Event; this responsibility rests solely with you.

When Candidates apply or RSVP to your job listing, CaduceusLink may request certain demographic information, such as race, ethnicity, gender, age, LGBTQ+ community membership, disability status, and arrest or conviction records. This information is collected via CaduceusLink’s demographic data survey. By using the Program, you agree that CaduceusLink may collect this demographic data from Candidates applying to your job listing and use it to evaluate and enhance its products. You also acknowledge that you have no right to view or access this demographic data without the Candidate’s permission, and you are solely responsible for complying with applicable nondiscrimination laws.

CaduceusLink may offer tools for managing virtual and remote communications within its products, such as CaduceusLink Interview, phone interviews, virtual meetings, and video interviews (“Virtual Interviews”). These services may include scheduling, video conferencing, web conferencing, meeting rooms, and other collaborative services provided by third-party telecommunications service providers. Please be aware that CaduceusLink is not a telecommunications service provider and disclaims any warranties regarding the transmission of Virtual Interviews, including phone or video communications. CaduceusLink does not guarantee the availability, quality, or timing of such services as arranged by you.

  1. Cancellation

Unless otherwise specified in an Insertion Order or a separate agreement related to advertising with CaduceusLink, you have the freedom to independently cancel any Job Listing or Job Ad, along with its corresponding Event, at any time. Typically, such cancellations become effective within 24 hours. However, it’s important to note that if you choose to cancel an Event, CaduceusLink will still invoice you based on the pricing agreed upon in a separate agreement or as otherwise determined by you and CaduceusLink. This invoice will cover costs associated with RSVPs, clicks, applies, or impressions that occurred while the Job Ad for that Event was active on the Site, and it may include any applicable platform fees. CaduceusLink may also contact Candidates to inform them of the cancellation of your Event.

CaduceusLink retains the right to promptly cancel the Program, any of its components, or these CLHLP Terms at any time, provided notice is given. Additionally, CaduceusLink may make modifications to the Program or these CLHLP Terms without incurring any liability. Should such changes occur, your continued use of the Program after being notified of these updates signifies your acceptance of the revised CLHLP Terms.

Please be aware that sections 1, 3, 4, 5, and 6 will remain in effect even after the expiration or termination of these CLHLP Terms.

  1. Prohibited Uses

You are prohibited from advertising anything illegal or engaging in any illegal or fraudulent activities or business practices in any state or country where your Job Listing or Job Ad is displayed. Furthermore, you affirm and guarantee that all the information you provide, including information provided to CaduceusLink, is accurate and up-to-date. You also confirm that you possess and grant CaduceusLink and its partners the necessary rights to duplicate, distribute, and display your Job Listings or Job Ads (“Use”).

It is imperative that your Use, including any websites linked from your Job Listings or Job Ads (including services offered within them), does not contravene any applicable laws. Violating these policies may result in the immediate termination of these CLHLP Terms or the deactivation of your account, without prior notice. Such violations may also subject you to legal penalties and consequences. CaduceusLink or its partners reserve the right to reject or remove any Job Listing, Job Ad, or associated content, and CaduceusLink may disable an Employer’s account at their discretion, without the obligation to provide notice, for any reason or no reason at all.

  1. Disclaimer and Limitation of Liability

CaduceusLink provides the Program and the Site “as is” and “as available.” In regards to the Program and your use of it, CaduceusLink and its affiliates, as well as its third-party licensors, disclaim all warranties, whether express or implied, including but not limited to warranties of non-infringement, title, service quality, merchantability, and fitness for any particular purpose. Your usage of CaduceusLink, the Site, and the Program is at your own risk. CaduceusLink does not guarantee that the Site or Program will always be uninterrupted, error-free, safe, or secure.

CaduceusLink, its affiliates, and its third-party licensors do not provide guarantees regarding the placement or the levels and timing of: (i) costs per RSVP, click, apply, or impression, (ii) RSVP rates, click-through rates, apply rates, or impression rates (including any estimated rates specified in an insertion order), (iii) the delivery of impressions in a particular time, location, or manner, (iv) RSVPs, clicks, applies, or impressions, (v) interest in your Job Ad, (vi) attendance at your Event(s), and (vii) the quality of attendees at your Event(s). An RSVP to your Event(s) does not guarantee interest in your Job Ad.

Except for amounts payable as outlined in Section 6 below, and in the event of any breach by you of Section 1, to the maximum extent permitted by law: (a) neither party will be held liable under these CLHLP Terms for any consequential, special, indirect, exemplary, punitive, or other damages, whether in contract, tort, or any other legal theory, even if informed of the possibility of such damages, and notwithstanding any failure of an essential purpose of any limited remedy; and (b) each party’s total liability to the other under these CLHLP Terms is limited to the amounts paid or payable to CaduceusLink by you, if any, for the Job Ads or Job Listings that give rise to the claim.

  1. Payment

You will be charged based on the pricing specified in a separate agreement or insertion order between you and CaduceusLink. Charges will be calculated according to the number of clicks, RSVPs, applies, or impressions (distributed within your budget at CaduceusLink’s discretion), and may include a platform fee if applicable. CaduceusLink may offer a subscription payment option, and if you choose this option, you will be charged as indicated in the insertion order.

RSVPs are defined as users completing the online RSVP form, indicating their intention to attend your Event featured in any Job Ad. It’s important to note that an RSVP does not guarantee that a Candidate will actually attend the Event.

If your CaduceusLink employer account has a credit card, bank account information, or other payment method on file for the CaduceusLink AdsLink Platform or any other CaduceusLink service, that same payment method will be charged for your CaduceusLink HireLink Platform RSVPs, if applicable.

For users located in the United States, all charges must be paid in US dollars. If your billing address is outside the United States, you can choose to pay charges in either US Dollars. Charges do not include taxes, and you are responsible for all applicable taxes. Additionally, you are responsible for paying any government charges, reasonable expenses, and attorney fees incurred by CaduceusLink in collecting late payments. Claims related to charges must be made within 120 days after the charge; otherwise, they may not be considered (this does not affect your rights with your credit card issuer). The number of clicks, RSVPs, applies, or impressions determined by CaduceusLink will be considered final and binding.

You acknowledge and agree that the credit card, bank account, and billing/payment information you provide to CaduceusLink may be shared with third-party companies that work on CaduceusLink’s behalf, such as payment processors and credit agencies, solely for purposes such as credit verification, payment processing, and account servicing. CaduceusLink may also disclose this information in response to valid legal requests, such as subpoenas, search warrants, court orders, or to protect its legal rights or defend against legal claims. CaduceusLink will not be held liable for any use or disclosure of this information by such third parties.

You are solely responsible for remitting any withholding taxes to the government, and CaduceusLink will have no liability in this regard. Invoices may be provided to you via email. CaduceusLink reserves the right to suspend or terminate your use of any CaduceusLink product, including those for which you have no outstanding invoice or account balance, in the event of unpaid or outstanding invoices or account balances for any CaduceusLink product, to the extent permitted by law.

  1. Indemnification

You are obligated to indemnify, defend, and safeguard CaduceusLink, including its agents, affiliates, licensors, and partners, against any claims or liabilities from third parties (including reasonable legal fees) that may arise due to your usage of the Program, Job Listings, Job Ads, screening or screener questions, Events, the Site, or Your Services, or any violation of these CLHLP Terms on your part.

CaduceusLink Vulnerability Reward Program

Program Description

In our ongoing efforts to prioritize the security of our Candidates, advertisers, and Affiliates, we have established a Vulnerability Reward Program in collaboration with Bugcrowd. This program is designed to encourage whitehat researchers to report any potential vulnerabilities they discover in CaduceusLink products or seek answers to security-related questions. For detailed guidelines, rules, and the scope of this bounty program, please refer to our Bugcrowd page. If you believe you have identified a vulnerability or have security inquiries, we invite you to join the Bugcrowd Tester community to participate in CaduceusLink’s Vulnerability Reward Program. Please note that we will only consider vulnerabilities reported through Bugcrowd and not through other channels.

Legal Notes

CaduceusLink is unable to grant rewards to researchers from countries listed under sanctions, such as Cuba, Iran, North Korea, Sudan, and Syria. Depending on your local laws, there might be further limitations on your eligibility to participate. It’s essential to ensure that your testing activities comply with all applicable laws and do not result in any unlawful actions or compromise data that does not belong to you.

CaduceusLink RecruiterLink Platform Terms

The CaduceusLink RecruiterLink Platform terms, referred to as “CLRLP Terms,” are an integral part of the CaduceusLink Terms of Service. They apply to all Employers who utilize the CLRLP Service (defined below) or otherwise demonstrate their acceptance of these CLRLP Terms. By engaging with or using the CLRLP Service or accepting these CLRLP Terms in any manner, you are indicating your agreement to abide by these terms, as well as the broader CaduceusLink Terms of Service. This encompasses the Terms of Service specifically designed for Employers and the CaduceusLink Products Terms of Service associated with any other CaduceusLink services or products you access or use through the CLRLP Service.

In cases where certain terms are capitalized within these CLRLP Terms but lack definitions, their meanings can be found in the Agreement.

  1. The CaduceusLink RecruiterLink Platform

The use of the CaduceusLink RecruiterLink Platform (“CLRLP”) service, which can take the form of a website, app, or browser extension (collectively referred to as the “CLRLP Service”), by an Employer is subject to all CaduceusLink rules, guidelines, policies, and other terms and conditions that are made available to you. These terms and conditions can be accessed through the Site, as well as on FAQ and information pages provided by CaduceusLink. Please be aware that these terms and conditions may be subject to modifications at any time. It’s important to note that the CLRLP Service is accessible in limited quantities, with limited functionality, and within limited geographical locations.

The CLRLP Service allows Employers to access specific Site features, products, and services directly from their Applicant Tracking System (“ATS”). This includes the ability to view CaduceusLink hiring insights related to the job being created through the ATS and to utilize CaduceusLink Messaging for direct communication with Candidates from your web browser. To provide these services, the CLRLP Service interacts with certain web pages, such as those within your Employer’s ATS, that you visit. You have control over which web pages the CLRLP Service can interact with and access. If you prefer that the CLRLP Service doesn’t interact with or access specific web pages, you have the option to restrict access to those pages. The responsibility for permitting or denying access to web pages that you visit lies solely with you.

When you use the CLRLP Service, CaduceusLink collects, records, processes, analyzes, and stores all communications and interactions that you have through the CLRLP Service. Additionally, CaduceusLink may utilize vendors to assist in collecting, recording, processing, analyzing, and storing this data. If you, or someone on your behalf, engage in communication via the CLRLP Service (including communication with Candidates), you consent to the processing, analysis, review, and storage of this communication, which may include automated processes. This data is collected for purposes such as data analysis, quality control, enforcing Site rules and other CaduceusLink policies, content moderation, and enhancing the CLRLP Service, the Site, or any other CaduceusLink product or service.

The CLRLP Service may be delivered as a Chrome extension. By installing this extension, you are agreeing to CaduceusLink’s data collection practices related to your activities on third-party websites, as outlined in CaduceusLink’s Privacy Policy. This data may encompass information about Candidates that you save, any notes you create or update, and information regarding your interactions with websites or other actions you perform on those websites, including the URLs of visited websites.

  1. Privacy

Your utilization of the CLRLP Service is governed by CaduceusLink’s Privacy Policy. Moreover, you recognize and consent that you bear full responsibility for any third-party access to the information stored within your account, facilitated through CLRLP Integrations. It is imperative that all such access aligns with the relevant state, federal, and national laws and regulations.

  1. Fees

As of now, Employers can utilize CLRLP at no cost. However, CaduceusLink reserves the right, at its sole discretion and without prior notice, to discontinue the complimentary access to CLRLP and institute charges for Employers to use CLRLP either as an independent product or in conjunction with any other CaduceusLink offering.

  1. Rules; Employer Representations and Warranties

By using the CLRLP Service, you are bound by the terms of the Agreement, including the CaduceusLink Site Rules. You confirm and assure CaduceusLink that:

  1. a) The information you furnish to CaduceusLink is accurate and up-to-date.
  2. b) You will strictly adhere to all relevant laws, rules, and regulations when using the CLRLP Service.
  3. c) Your utilization of the CLRLP Service will not infringe upon the rights of any individual, encompassing but not limited to privacy rights or rights governed by the Fair Credit Reporting Act.
  4. Disclaimer and Limitation of Liability

CaduceusLink provides the CLRLP Service and the Site on an “as is” and “as available” basis. Concerning the CLRLP Service and your usage of it, CaduceusLink and its affiliates, as well as its and their third-party licensors, explicitly disclaim all warranties, whether express or implied. This includes any warranty related to the accuracy of the information you view, collect, or store. CaduceusLink and its affiliates, along with its and their third-party licensors, disclaim all other warranties, including those for non-infringement, title, service quality, merchantability, and fitness for any specific purpose. Your use of the CLRLP Service and the Site is at your own risk, and CaduceusLink does not guarantee that the Site or the CLRLP Service will always be uninterrupted, error-free, safe, or secure.

To the fullest extent permitted by law, except for any breach by you of Section 6 below:

(a) Neither party will be liable under these CLRLP Terms for any consequential, special, indirect, exemplary, punitive, or other damages, whether in contract, tort, or any other legal theory, even if advised of the possibility of such damages, and regardless of any failure of essential purpose of any limited remedy.

(b) Each party’s total liability to the other under these CLRLP Terms is limited to the amounts paid or payable to CaduceusLink by you for the CaduceusLink service that gave rise to the claim.

  1. Indemnification

You shall be liable for compensating, safeguarding, and defending CaduceusLink, along with its agents, affiliates, and licensors, against any claims or liabilities from third parties, including reasonable legal fees, arising due to your violation of these Terms, your installation or usage of the CLRLP Service, or your access, collection, or storage of information through the CLRLP Service.

  1. Termination

CaduceusLink reserves the right to temporarily and/or permanently suspend the CLRLP Service, the Site, your account, or any other tools provided to you. Additionally, we have the discretion to terminate this Agreement with you at any time, with or without prior notice. If you decide to terminate this Agreement, you can do so by notifying CaduceusLink at any time and closing your account. Certain provisions of this Agreement that naturally continue to have effect after termination will remain in force, including ownership clauses, warranty disclaimers, indemnity obligations, and limitations of liability.

CaduceusLink ChatGPT Plugin Terms

ChatGPT offers a feature called “Plugins” that enables you to interact with other applications or websites while using ChatGPT by sending instructions and receiving information. CaduceusLink may introduce a job search Plugin known as the “CaduceusLink Plugin” for ChatGPT users. By using the CaduceusLink Plugin within ChatGPT, you are agreeing to abide by the terms and conditions outlined in this Agreement. Additionally, you acknowledge that you have reviewed and accepted CaduceusLink’s Cookie Policy and Privacy Policy. Your utilization of the CaduceusLink Plugin to access the Site or any CaduceusLink product or service is subject to the specific Terms of Service relevant to those particular services. It’s important to note that CaduceusLink Plugins are provided in a beta phase and are governed by our Beta Program, as detailed in section 9 of the Terms of Service for All Users. Furthermore, all Site Rules, as outlined in section 4 of the Terms of Service for All Users, are applicable to your usage of the CaduceusLink Plugin. Please be aware that your use of ChatGPT, including the CaduceusLink Plugin, may also be subject to OpenAI’s relevant terms and conditions.

When you use the CaduceusLink Plugin in ChatGPT, you agree to abide by the terms and conditions outlined in this Agreement. You must also acknowledge that you’ve read and understood CaduceusLink’s Cookie Policy and Privacy Policy. Your utilization of the CaduceusLink Plugin to access the Site or any CaduceusLink product or service is subject to the specific Terms of Service applicable to those services. CaduceusLink Plugins are provided on a beta basis and are governed by our Beta Program as outlined in section 9 of the Terms of Service for All Users. All Site Rules, as detailed in section 4 of the Terms of Service for All Users, apply to your use of the CaduceusLink Plugin. Your interaction with ChatGPT, including the CaduceusLink Plugin, may also be subject to OpenAI’s relevant terms and conditions.

By enabling the CaduceusLink Plugin, you authorize OpenAI to transmit certain portions of your Content (as defined in OpenAI’s Service Terms) and specific information like your location to CaduceusLink. CaduceusLink will handle this Plugin Data in accordance with its Terms of Service and Privacy Policy. The CaduceusLink Plugin will retrieve information and content from CaduceusLink, which may be incorporated into responses you receive from OpenAI’s Services (the “Replies”). These Replies are owned by or licensed to CaduceusLink and are not owned by you or OpenAI. The Replies are subject to CaduceusLink’s Terms of Service.

While using the CaduceusLink Plugin, replies to your queries may contain information from CaduceusLink, but OpenAI may modify or remove this information. Replies may also contain User Content, and your interaction with and use of User Content is governed by the User Content section of CaduceusLink’s Terms of Service for All Users.

CaduceusLink disclaims all responsibility and liability for the accuracy, content, completeness, legality, reliability, operability, or availability of information or material displayed in or linked from Replies when using the CaduceusLink Plugin, including Job Listings, or any other information made available on the Site by CaduceusLink or third parties, including User Content. CaduceusLink cannot guarantee that your use of the CaduceusLink Plugin will always be free from errors, safe, or secure. CaduceusLink also disclaims any responsibility or liability for any harm resulting from the installation of the CaduceusLink Plugin or accessing any information or material in a Reply provided when using the CaduceusLink Plugin. In no event shall CaduceusLink be liable to you or any third party for your use or misuse of or reliance on the CaduceusLink Plugin. Additionally, CaduceusLink shall not be liable for your use or misuse of or reliance on any third-party site or service you access from a Reply provided when using the CaduceusLink Plugin.

CaduceusLink further disclaims all liability for any technical issues with the CaduceusLink Plugin, including damage to your computer, mobile device, or other hardware or software, related to or resulting from the use or download of the CaduceusLink Plugin or any associated materials.

CaduceusLink reserves the right to restrict or terminate Services and/or access to the CaduceusLink Plugin in specific countries or regions, at its discretion.

THE CADUCEUSLINK PLUGIN, REPLIES, AND ALL CONTENT, PRODUCTS, FEATURES, AND SERVICES AVAILABLE THROUGH THE CADUCEUSLINK PLUGIN AND THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. YOU USE THE CADUCEUSLINK PLUGIN AND THE SITE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE THE CADUCEUSLINK PLUGIN (AND ITS REPLIES) AT YOUR DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH ACCESS OR USE. CADUCEUSLINK AND ITS AFFILIATES, AS WELL AS ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, TITLE, SERVICE QUALITY, AND THE UNINTERRUPTED, ERROR-FREE, SAFE, OR SECURE NATURE OF THE SITE, SERVICES, CADUCEUSLINK PLUGIN, REPLIES, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, AND PRODUCTS AVAILABLE ON OR PROVIDED THROUGH THE CADUCEUSLINK PLUGIN. TO THE FULLEST EXTENT PERMITTED BY LAW, CADUCEUSLINK AND ITS AFFILIATES, AS WELL AS ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE CADUCEUSLINK PLUGIN, THE SITE, AND ALL CONTENT, PRODUCTS, FEATURES, AND SERVICES AVAILABLE THROUGH THE CADUCEUSLINK PLUGIN OR THE SITE. FURTHERMORE, CADUCEUSLINK AND ITS AFFILIATES, AS WELL AS ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED VIA THE CADUCEUSLINK PLUGIN OR THE SITE, OR RECEIVED THROUGH ANY LINKS PROVIDED BY CADUCEUSLINK. CADUCEUSLINK IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE CADUCEUSLINK, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL CADUCEUSLINK OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY PERSON ON ACCOUNT OF THAT PERSON’S USE OR MISUSE OF OR RELIANCE ON THE CADUCEUSLINK PLUGIN, REPLIES, OR THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES OR ANY LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA, OR ANY LOSS OF OR INTERRUPTION TO THE USER’S BUSINESS, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF CADUCEUSLINK OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE CADUCEUSLINK PLUGIN, REPLIES, OR THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE OR REPLY, FROM INABILITY TO USE THE CADUCEUSLINK PLUGIN OR THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE CADUCEUSLINK PLUGIN OR THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR VIA THE CADUCEUSLINK PLUGIN, OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE VIA THE CADUCEUSLINK PLUGIN, REPLY, OR ON THE SITE. THIS LIMITATION SHALL ALSO APPLY TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA, AND TO THE PERFORMANCE OR NON-PERFORMANCE OF THE CADUCEUSLINK PLUGIN OR THE SITE, OR ANY INFORMATION OR MERCHANDISE THAT IS MADE AVAILABLE BY USING THE CADUCEUSLINK PLUGIN OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF CADUCEUSLINK AND ITS AFFILIATES, AS WELL AS ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID CADUCEUSLINK TO USE THE CADUCEUSLINK PLUGIN.

 

Terms & Conditions Policy and Procedure for CaduceusLink and LinkUP

Introduction

CaduceusLink and LinkUP provide a comprehensive platform for healthcare professionals and employers. This policy outlines the terms and conditions for using our platforms, ensuring a clear, fair, and secure environment for all users. By accessing or using our services, you agree to comply with these terms and conditions.

1. Acceptance of Terms

1.1 Agreement to Terms

By accessing or using CaduceusLink or LinkUP, you agree to be bound by these terms and conditions. If you do not agree to these terms, you must not use our platforms. Continued use of the platform constitutes your acceptance of any updates to these terms.

2. User Accounts

2.1 Account Creation

Users must create an account to access certain features of CaduceusLink and LinkUP. This includes providing accurate and complete information during registration.

Steps to Create an Account:

  1. Visit the CaduceusLink or LinkUP homepage.
  2. Click on the “Sign Up” button.
  3. Select your user type (Candidate or Employer).
  4. Fill in the required information, including name, email address, and password.
  5. Click “Create Account” to complete the registration process.
  6. Verify your email address by clicking on the link sent to your email.

2.2 Account Security

Users are responsible for maintaining the confidentiality of their account information, including their password. You must notify us immediately if you suspect any unauthorized use of your account.

2.3 Account Termination

We reserve the right to suspend or terminate your account if you violate these terms and conditions or engage in prohibited activities. Users can also choose to terminate their accounts by following the account deletion procedure.

Steps for Account Deletion:

  1. Log into your account.
  2. Navigate to the “Account Settings” section.
  3. Click on “Delete Account.”
  4. Follow the prompts to confirm your account deletion.

3. Use of the Platform

3.1 Permitted Uses

Users may use CaduceusLink and LinkUP for lawful purposes, including job searching, posting job opportunities, professional networking, and accessing career resources.

3.2 Prohibited Uses

Users may not use CaduceusLink or LinkUP for any unlawful or prohibited activities, including but not limited to:

  • Posting false or misleading job information
  • Harassing or abusive behavior
  • Distributing malware or other harmful software
  • Unauthorized access to other users’ accounts or data
  • Violating intellectual property rights

Examples of Prohibited Activities:

  • Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
  • Using the platform to send unsolicited communications, including spam and promotional messages.
  • Engaging in any activity that disrupts or interferes with the operation of the platform or the servers and networks used to make the platform available.

4. Content and Intellectual Property

4.1 User-Generated Content

Users may post content, such as job postings, resumes, and messages, on CaduceusLink and LinkUP. You retain ownership of your content but grant us a license to use, display, and distribute it as necessary to operate the platform.

User Responsibilities:

  • Ensure that your content is accurate and does not infringe on the rights of others.
  • Do not post content that is illegal, offensive, or violates these terms and conditions.

4.2 Intellectual Property Rights

All content and materials on CaduceusLink and LinkUP, including text, graphics, logos, and software, are the property of CaduceusLink and LinkUP or our licensors and are protected by intellectual property laws.

Prohibited Actions:

  • Reproducing, distributing, or creating derivative works from our content without permission.
  • Using our trademarks, logos, or branding without authorization.

Intellectual Property Infringement: If you believe your intellectual property rights have been infringed upon, please contact us with detailed information about the alleged infringement, including:

  • A description of the copyrighted work or other intellectual property that you claim has been infringed.
  • A description of where the material that you claim is infringing is located on the platform.
  • Your contact information.

5. Payments and Billing

5.1 Payment Terms

Users may be required to pay fees for certain services on CaduceusLink and LinkUP. All fees are due as specified at the time of purchase and are non-refundable, except as provided in our Refund & Returns Policy.

Payment Methods:

  • Credit/Debit Card
  • PayPal
  • Bank Transfer

5.2 Billing Information

Users must provide accurate billing information and promptly update any changes. Unauthorized or fraudulent use of payment methods is prohibited.

Steps to Update Billing Information:

  1. Log into your account.
  2. Navigate to the “Billing” section.
  3. Update your payment method and billing information.
  4. Save changes to ensure accurate billing.

6. Privacy and Data Protection

6.1 Privacy Policy

Your use of CaduceusLink and LinkUP is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information.

6.2 Data Security

We employ advanced security measures to protect your data, including encryption and secure servers. Users must also take steps to protect their account information.

Data Protection Measures:

  • End-to-end encryption for data transmission.
  • Secure servers to store personal information.
  • Regular security audits and updates.

7. Dispute Resolution

7.1 Informal Resolution

We encourage users to contact our support team to resolve any issues before pursuing formal dispute resolution. Our team is available to assist with any concerns or complaints.

Contact Information:

7.2 Arbitration

If a dispute cannot be resolved informally, it may be resolved through binding arbitration. By agreeing to these terms, you waive the right to a trial by jury or to participate in a class action.

Arbitration Process:

  • Both parties agree to submit the dispute to a single arbitrator.
  • The arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.

8. Modifications to Terms

8.1 Changes to Terms

We may update these terms and conditions periodically to reflect changes in our practices or legal requirements. Users will be notified of significant updates through our platforms.

Update Steps:

  1. Review and update the terms and conditions as needed.
  2. Notify users of significant changes via email or in-app notifications.
  3. Provide users with the option to review and accept the updated terms.

8.2 User Consent for Updates

Users must provide consent for significant updates to the terms and conditions. Continued use of our platforms indicates acceptance of the updated terms.

Steps:

  1. Notify users of the policy update.
  2. Provide a summary of significant changes.
  3. Request user consent for the updated policy.
  4. Track and record user consent.

9. Liability and Disclaimer

9.1 Limitation of Liability

CaduceusLink and LinkUP are not liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use our platforms, including but not limited to loss of data, profits, or business opportunities.

Examples of Liability Limitations:

  • CaduceusLink and LinkUP are not responsible for any errors or omissions in content posted by users.
  • We do not guarantee the accuracy, completeness, or usefulness of any information on the platform.

9.2 Disclaimer of Warranties

CaduceusLink and LinkUP provide our platforms on an “as-is” and “as-available” basis. We do not warrant that the services will be uninterrupted, error-free, or free of harmful components.

Examples of Disclaimer of Warranties:

  • We do not warrant that the platform will meet your specific requirements.
  • We do not warrant that the results obtained from using the platform will be accurate or reliable.

10. Governing Law

10.1 Jurisdiction

These terms and conditions are governed by the laws of the jurisdiction in which CaduceusLink and LinkUP operate, specifically the Middle District of North Carolina, Forsyth County US District Court. Any legal action or proceeding arising under these terms will be brought in the appropriate court within that jurisdiction.

Jurisdiction Details:

  • All disputes arising out of or relating to these terms and conditions shall be subject to the exclusive jurisdiction of the Middle District of North Carolina, Forsyth County US District Court.

11. Support and Assistance

11.1 Technical Support

Users experiencing issues with the platform or these terms and conditions can contact our technical support team for assistance.

Contact Information:

11.2 User Training

We offer tutorials and guides to help users understand and comply with these terms and conditions. These resources are available in the Help Center.

Access Steps:

  1. Log into your account.
  2. Navigate to the “Help Center” or “Support” section.
  3. Select “Terms & Conditions Tutorials” or “Guides.”
  4. Follow the instructions provided in the tutorials.

Conclusion

By adhering to these comprehensive terms and conditions, CaduceusLink and LinkUP aim to provide a secure, fair, and transparent environment for all users. This ensures a positive and productive experience for all participants, fostering trust and confidence in our platforms.