User Agreement - CaduceusLink

User Agreement for CaduceusLink and LinkUP

Introduction

Welcome to CaduceusLink and LinkUP. This User Agreement is a comprehensive document outlining the rights and responsibilities of users accessing and using our platforms. By creating an account, accessing, or using our services, you agree to be bound by this User Agreement. Please read this document carefully to understand your rights and obligations.

1. Definitions

Platform: Refers to the CaduceusLink and LinkUP websites, mobile applications, and all related services.
User: Any individual or entity accessing or using the Platform, including candidates, employers, and other visitors.
Account: The user account created to access and use the Platform.
Content: All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials uploaded, posted, or stored on the Platform.

2. Acceptance of Agreement

2.1 Agreement to Terms

By accessing or using the Platform, you agree to comply with and be bound by this User Agreement. If you do not agree with any part of this Agreement, you must not use the Platform.

2.2 Modifications

We reserve the right to modify this User Agreement at any time. Changes will be effective immediately upon posting on the Platform. It is your responsibility to review the Agreement periodically. Continued use of the Platform constitutes acceptance of the modified Agreement.

3. User Accounts

3.1 Account Creation

To access certain features of the Platform, you must create an Account by providing accurate and complete information during the registration process.

Steps to Create an Account:

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

3.2 Account Security

You are responsible for maintaining the confidentiality of your Account information, including your password. You agree to notify us immediately of any unauthorized use of your Account.

3.3 Account Termination

We reserve the right to suspend or terminate your Account if you violate this User Agreement or engage in prohibited activities.

Steps for Account Termination:

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

4. User Conduct

4.1 Permitted Uses

You may use the Platform for lawful purposes, including job searching, posting job opportunities, professional networking, and accessing career resources.

4.2 Prohibited Uses

You may not use the Platform 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.

5. Content and Intellectual Property

5.1 User-Generated Content

You may post Content, such as job postings, resumes, and messages, on the Platform. 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 this User Agreement.

5.2 Intellectual Property Rights

All Content and materials on the Platform, 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.

6. Payments and Billing

6.1 Payment Terms

Users may be required to pay fees for certain services on the Platform. 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

6.2 Billing Information

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

Steps to Update Billing Information:

Log into your Account.
Navigate to the “Billing” section.
Update your payment method and billing information.
Save changes to ensure accurate billing.

7. Privacy and Data Protection

7.1 Privacy Policy

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

7.2 Data Security

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

Data Protection Measures:

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

8. Dispute Resolution

8.1 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:

Email: support@caduceuslink.com / support@linkup.com
Phone: +1 (800) 123-4567
Live Chat: Available on the website during business hours

8.2 Arbitration

If a dispute cannot be resolved informally, it may be resolved through binding arbitration. By agreeing to this User Agreement, 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.

9. Modifications to Agreement

9.1 Changes to Agreement

We may update this User Agreement periodically to reflect changes in our practices or legal requirements. Users will be notified of significant updates through our Platform.

Update Steps:

Review and update the User Agreement as needed.
Notify users of significant changes via email or in-app notifications.
Provide users with the option to review and accept the updated Agreement.

9.2 User Consent for Updates

Users must provide consent for significant updates to this User Agreement. Continued use of the Platform indicates acceptance of the updated Agreement.

Steps:

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

10. Liability and Disclaimer

10.1 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 the Platform, 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.

10.2 Disclaimer of Warranties

CaduceusLink and LinkUP provide our Platform 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.

11. Governing Law

11.1 Jurisdiction

This User Agreement is 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 this Agreement will be brought in the appropriate court within that jurisdiction.

Jurisdiction Details:

All disputes arising out of or relating to this User Agreement shall be subject to the exclusive jurisdiction of the Middle District of North Carolina, Forsyth County US District Court.

12. Support and Assistance

12.1 Technical Support

Users experiencing issues with the Platform or this User Agreement can contact our technical support team for assistance.

Contact Information:

Email: support@caduceuslink.com / support@linkup.com
Phone: +1 (800) 123-4567
Live Chat: Available on the website during business hours

12.2 User Training

We offer tutorials and guides to help users understand and comply with this User Agreement. These resources are available in the Help Center.

Access Steps:

Log into your Account.
Navigate to the “Help Center” or “Support” section.
Select “User Agreement Tutorials” or “Guides.”
Follow the instructions provided in the tutorials.

13. Termination and Suspension

13.1 User Termination

Users may terminate their Account at any time by following the account deletion procedure outlined in Section 3.3.

13.2 Platform Suspension and Termination

CaduceusLink and LinkUP reserve the right to suspend or terminate access to the Platform for any user who violates this User Agreement or engages in prohibited activities.

Grounds for Termination:

Violating the terms and conditions outlined in this Agreement.
Engaging in prohibited uses of the Platform.
Failing to comply with applicable laws and regulations.

14. Compliance with Laws

14.1 Regulatory Compliance

Users must comply with all applicable laws, regulations, and industry standards when using the Platform.

Examples of Regulatory Compliance:

Adhering to data protection and privacy laws, including GDPR and CCPA.
Complying with employment and labor laws when posting job opportunities or hiring candidates.

14.2 Export Control Laws

Users agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR).

15. Data Protection and Privacy

15.1 Data Protection Measures

We are committed to protecting the privacy and data of our users. Our data protection measures include encryption, secure servers, and regular security audits.

Data Protection Steps:

Encrypt all data transmitted between users and our servers.
Store data on secure servers with robust access controls.
Conduct regular security audits to identify and address vulnerabilities.

15.2 User Privacy Rights

Users have the right to access, correct, and delete their personal data. Users can exercise these rights through their Account settings or by contacting our support team.

Steps to Exercise Privacy Rights:

Log into your Account.
Navigate to the “Privacy” or “Account Settings” section.
Select the appropriate option to access, correct, or delete your data.
Follow the prompts to submit your request.

16. User Responsibilities

16.1 Accurate Information

Users must provide accurate and complete information when creating an Account and using the Platform. Users are responsible for keeping their information up to date.

Steps to Update Information:

Log into your Account.
Navigate to the “Profile” or “Account Settings” section.
Update your personal and professional information.
Save changes to ensure your information is accurate.

16.2 Professional Conduct

Users must conduct themselves professionally and respectfully when interacting with other users on the Platform.

Examples of Professional Conduct:

Treating all users with respect and courtesy.
Providing honest and constructive feedback.
Avoiding offensive or discriminatory language.

17. Community Guidelines

17.1 Community Standards

CaduceusLink and LinkUP are committed to fostering a positive and inclusive community. Users must adhere to our community standards, which prohibit harassment, discrimination, and hate speech.

Community Standards:

Treat all users with dignity and respect.
Do not engage in harassment, bullying, or abusive behavior.
Avoid posting content that is discriminatory or promotes hate speech.

17.2 Reporting Violations

Users can report violations of our community standards to our support team. We will investigate all reports and take appropriate action.

Steps to Report Violations:

Navigate to the content or user profile that violates our standards.
Click the “Report” button.
Provide details about the violation.
Submit the report for review.

18. Feedback and Suggestions

18.1 Providing Feedback

We welcome feedback and suggestions from our users to improve our Platform. Users can submit feedback through the “Contact Us” section of the Platform.

Steps to Provide Feedback:

Log into your Account.
Navigate to the “Contact Us” or “Feedback” section.
Fill out the feedback form with your suggestions and comments.
Submit the form for review.

18.2 Use of Feedback

By providing feedback, you grant us a license to use, modify, and incorporate your suggestions into our Platform without any obligation to compensate you.

19. Third-Party Services

19.1 Integration with Third-Party Services

Our Platform may integrate with third-party services to enhance functionality. Users must comply with the terms and conditions of these third-party services.

Examples of Third-Party Integrations:

Payment processing services (e.g., PayPal, Stripe).
Job posting aggregators.
Professional networking tools.

19.2 Third-Party Content

We are not responsible for the content, accuracy, or reliability of any third-party services or content integrated with our Platform.

20. Advertising and Promotions

20.1 Advertising Policy

We may display advertisements and promotions on the Platform. Users must comply with our advertising policy when posting advertisements.

Advertising Policy Guidelines:

Ensure advertisements are truthful and not misleading.
Do not post advertisements for illegal or prohibited products and services.
Comply with all applicable advertising laws and regulations.

20.2 User Consent

By using the Platform, you consent to receiving promotional communications from us. You can opt out of these communications through your Account settings.

Steps to Opt Out of Promotional Communications:

Log into your Account.
Navigate to the “Notifications” or “Account Settings” section.
Select your communication preferences.
Save changes to update your preferences.

21. Indemnification

21.1 User Indemnification

Users agree to indemnify and hold harmless CaduceusLink and LinkUP, their affiliates, officers, agents, and employees from any claims, liabilities, damages, or expenses arising from their use of the Platform or violation of this User Agreement.

Examples of Indemnification:

Legal claims arising from content you post on the Platform.
Damages resulting from your breach of this User Agreement.
Costs and expenses related to defending against third-party claims.

22. Termination and Suspension

22.1 User Termination