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PRACTICELINK - TERMS OF USE

 

  1. Introduction

Thank you for using PracticeLink, a career advancement resource for healthcare professionals and organizations. Among other services, PracticeLink provides an online job bank and informational resource related to the healthcare industry located at pldev.practicelink.com and operated by PracticeLink, Ltd. to assist physicians and other healthcare providers in finding a new position and furthering their careers and to help healthcare employers locate the right physicians to fill open positions and manage ongoing recruitment processes. PracticeLink’s mission is to help healthcare organizations build the physician teams that heal the communities they serve by connecting job-seeking healthcare professionals and providers with the organizations that need their expertise.

Before you dive in and begin your search, however, there’s important legal terms you need to know. These Terms of Use (these “Terms of Use”) set forth the legally binding conditions that govern i) your use of the Website and its Services, (ii) your subscription or membership with PracticeLink or its Services; (iii) your Account with PracticeLink, if any, and (iv) all web pages, features, functionality, applications, content, and other products and services made available by us on or through the Website.  This Website applies to Members, Employers, Agencies, RPO Providers and Non-Registered Users.  Capitalized terms used in these Terms of Use shall have the meanings defined in the text of these Terms of Use or if not defined therein, as defined in Section II below.

Subject to the provisions of these Terms of Use:

  • If you are an Employer, Agency or RPO Provider after you subscribe to PracticeLink as a subscriber you will be able use the Website and the Services outlined in your Employer Contract or Agency Contract (collectively, referred to as your “Contract”), as applicable, which include, but may not be limited to (i) creating an Account; (ii) posting job opportunities to the Job Bank, (iii) searching, finding and reviewing Member Profiles; and (iv) utilization of our Recruitment Management System solution.  Depending on the Services you subscribe to in your Contract, through the Recruitment Management System solution, you may be able to upload, store and manage Personal Information and Professional Information for candidates and job applicants submitted directly to you or obtained by you through third party sources other than PracticeLink (your “Employer Candidate Data”). To be accepted as an Employer, RPO Provider or Agency, you must meet the requirements provided in these Terms of Use, and any other requirements posted on the Website or required by us from time to time. Member Profiles are included in the Member Database in the manner set forth in these Terms of Use and, as may be determined by such Member, from time to time.  If you find a Member that matches your needs, you (and not we) are responsible to contact that individual personally and negotiate a mutually acceptable arrangement by which you may engage or employ such Member. Please note, PracticeLink reserves the right, in its sole discretion, to limit the number of emails or other communications you send to Members through the PracticeLink Services.

               

  • If you are a Member, you may use the Website to search the Job Bank, create an Account, apply for job positions and participate in other programs, fairs and events, in the manner set forth herein and in the Website.  You (not we) will be responsible to negotiate with Employers, RPO Providers and Agencies who contact you (or who you contact) a mutually acceptable arrangement by which such Employer or RPO Provider may engage or employ you to provide certain services.

 

  1. Privacy Policy; Additional Terms.  These Terms of Use include the terms and conditions set forth herein as well as our Privacy Policy, located at pldev.practicelink.com/Privacy.aspx, and incorporated into these Terms of Use by this reference.  Certain areas of the Website and service offerings provided through the Website may be subject to additional terms and conditions posted by us on the Website or otherwise made available by us to you.  Your access to and use of the Website and Services is conditioned upon your acceptance of such additional terms and conditions, which are hereby incorporated by reference into these Terms of Use. 

 

  1. Changes to these Terms of Use.  We reserve the right to amend these Terms of Use from time to time.  Any amendments shall be effective when posted by us on the Website or otherwise made available to you.  Your access to and use of the Website after we have modified these Terms of Use shall signify your acceptance of the amended terms.  It remains your responsibility to review these Terms of Use regularly to ensure that you are updated as to any changes.

 

  1. Your Consent and Agreement to these Terms of Use.  Please read these Terms of Use carefully.  These Terms of Use set forth legally binding terms and conditions.  Once you access the PracticeLink Website and click the digital acknowledgment that you accept and agree to these Terms of Use, you’re telling us: (i) you have the right, authority, and capacity to agree to these Terms of Use and perform their obligations; (ii) you’ve read the Terms of Use and you agree to be bound by them; and (iii) you understand these Terms of Use set out binding legal obligations for you. Contingent on these Terms of Use, we will grant you the rights described herein. Note that any future release, update, or addition to the Website will also be subject to these (or the then-current) Terms of Use.

Welcome to PracticeLink. Let your search for your dream practice begin!

  1.  Definitions

“You” or “your” refer to you, as in the person who is being presented these Terms of Use for your, or on behalf of your organization, review and acceptance.

“We”, “us”, “our”, and “PracticeLink” refer to PracticeLink, Ltd., the owner and operator of the Website and Services provided by PracticeLink.

“Agency” or “Agencies” refers to third-party companies or entities that recruit physicians and other healthcare providers on behalf of another healthcare facility, but that do not directly employ physicians and have entered into an Agency Agreement with PracticeLink. Depending on the service level subscribed to in your Agency Contract, Agencies that register and create an Employer Profile with PracticeLink may post opportunities to the Job Bank and view, track and reply to Candidates who respond to their job postings, and utilize certain function of our Recruitment Management System. Agencies cannot access the Member Database unless specifically authorized by PracticeLink in their Agency Contract.

“Agency Contract” refers to the signed contract that governs the relationship between an Agency and PracticeLink for fee based Services and incorporates these Terms of Use and the Privacy Policy.

“Beta Services” means products, services, solutions and applications that may be made available to you to try at your option at no additional fees which are clearly designated as beta, test, limited release, evaluation software or a similar description.

“Candidate(s)” refer to any individual, whether registered as a Member or not, who may be considered for a job position.

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

“Employer(s)” refers to any organization or other entity, including, without limitation, hospitals, private practices, educational institutions, and physician practice groups that will directly employ and/or engage a physician or other healthcare provider, and that has entered into an Employer Contract with PracticeLink. Employers may post opportunities to the Job Bank, be authorized to access the Member Database and utilize certain other Services, including the Recruitment Management System pursuant to the terms of its Employer Contract.

“Employer Contract(s)” refers to the signed contract that governs the relationship between an Employer and/or RPO Provider and PracticeLink for fee based Services and incorporates these Terms of Use and the Privacy Policy.

“Employer Profile(s)” refers to the Personal Information and Organization Information Employers, RPO Providers and Agencies provide to PracticeLink when registering an Account.

“Job Bank” refers to the online collection of job opportunities curated and maintained by PracticeLink on its Website.

“Member” or “Registered Member” refers to an individual who is a Registered User of the job searching, job placement, career advancement and general career consulting and advising Services provided by PracticeLink.

“Member Database” refers to the online collection of Member Profiles that is maintained on the PracticeLink Website and is searchable by authorized Employers, RPO Providers and Agencies.

“Member Profile(s)” refers to the Personal Information and Professional Information that a Member provides to PracticeLink during the registration process. Depending on the status of your Account, your Member Profile may be viewed by Employers, RPO Providers and Agencies, as further determined by each of their respective Contracts.

“Non-Registered User(s)” refers to anyone who visits, views, browses and/or otherwise uses the PracticeLink Website without registering as an Agency, RPO Provider, Member or Employer.

“Organization Information” refers to information about an Employer, including the type of Employer you are, or if an Agency or RPO Provider, you represent, the Employer’s company website, and number of openings and type of positions available.

“Personal Information” refers to the information collected from Members and Employers via the PracticeLink Website when registering Accounts. This information may include: your name, title, address, phone number, degree, Professional Information, Organization Information, citizenship, and email address. This information does not include nor will PracticeLink ask for: your Social Security Number; Individual Taxpayer Identification Number; driver’s license number or state-issued identification card number, or any financial or credit account numbers, including credit card or debit card numbers.

 “PracticeLink Account” or “Account(s)” refers to accounts created and maintained for either Member Profiles or Employer Profiles, as applicable.

“PracticeLink Services” or “Services” refers to the products and services offered from time to time by PracticeLink, including without limitation, the Website, Job Bank, Member Database, PracticeLink Magazine, newsletters and guides, Recruitment Management System and  other related job search services, recruitment consulting and marketing, candidate lead product offerings and career consulting and advising.

“Professional Information” refers to your area of professional practice and specialty, which may include educational background, employment history and state and/or board licensure and certifications.

“Recruitment Management System” refers to our integrated solution which provides job publishing and marketing features, active candidate database searching, candidate relationship management functions, and applicant tracking system.

 “Registered User(s)” refers to someone who visits, views, browses or otherwise uses the PracticeLink Website after having registered a Member Profile or Employer Profile.

“RPO Provider” refers to a third party service provider engaged by an Employer to design, plan, implement and manage its recruitment processes and results.  RPO Providers may create Employer Profiles, post job opportunities to the Job Bank and may be authorized to access the Member Database.

“Technology” refers to the Website, and its entire contents, features and functionality, including but not limited to, the Recruitment Management System, Member Database, Job Bank, and all other information, software,  hardware, databases, data, digital newsletters, magazines, guides and articles, underlying information, text, displays, user interfaces, images, video and audio, and the design, selection and arrangement thereof.

  1. Use of the PracticeLink Services by Members

You are not required to create a Member Profile in order to use the PracticeLink Website, Job Bank, or Services. PracticeLink offers Non-Registered Users the ability to search the Job Bank without requiring registration via the Website.

  1. Registration. By creating a Member Profile with PracticeLink you agree that all information you submit to us is accurate and truthful. You must register your Account in your own legal name. During the registration process, you will specify your name, email address, phone number and home and/or business address.  Assuming that the information you provide is consistent with these Terms of Use, we then grant you a revocable, non-exclusive license to access our Job Bank and use our Services. By providing your Personal Information and/or Professional Information to PracticeLink and by creating a Member Profile and Account, you agree that:

 

  • You have read and understand, and agree to comply with and be bound by these Terms of Use and Privacy Policy;
  • Any Personal Information and Professional Information submitted by you is accurate, and that any such information that you submit to us will be updated to remain truthful, complete and accurate;
  • PracticeLink may, but is not obligated to, verify your Member Profile, and information provided therein, as necessary;
  • That your access to and use of the Website does not and shall not violate any applicable laws of the United States or your local jurisdiction, and that you will comply with applicable laws and regulations, including those concerning data privacy and protection, intellectual property, and regulatory compliance;
  • You will use PracticeLink Website in a respectful manner;
  • That you are at least 18 years of age or older;
  • PracticeLink can store and make available your Member Profile to Employers, Agencies,  RPO Providers and other third parties that can assist you in your job search;
  • PracticeLink can contact you, via e-mail or otherwise, regarding your Member Profile; your experience with our Website, Job Bank, or Services; your job search; our sponsored programs, seminars, and career fairs, or for any reason related to your use of the Website and Services; and
  • Employers, RPO Providers and Agencies can contact you regarding your job search or Member Profile.

Notwithstanding the forgoing, Members may limit access to or viewing of his or her Member Profile by Employers, Agencies and RPO Providers in accordance with the functions of the Website and Services; however, unless and until you have deactivated your Account, PracticeLink may still contact you in accordance with these Terms of Use.

  1. Account Credentials. You are solely responsible in all respects for all use of and for protecting the confidentiality of your unique PracticeLink password. You agree to notify us immediately of any unauthorized use of your password or other credentials for your Account and any other suspected breach of security regarding the Website. If you discover or believe that your Account has been accessed or used without your authorization, please contact us at helpdesk@PracticeLink.com.  PracticeLink is not liable for and you hereby release PracticeLink from any liability for any loss or damage arising from the unauthorized use of your password and credentials. You are responsible for all activity on and use of your Account, and you may not assign or otherwise transfer your Account to any other person or entity.

 

  1. Equipment. You are responsible for obtaining access to the PracticeLink Website, Job Bank, or Services and for having all the equipment necessary to do so, even if that means you incur fees from a third party (such as an Internet Service Provider), including telephone, equipment, airtime, or Internet Service Provider charges.

 

  1. Use of the PracticeLink Services by Employers, RPO Providers and Agencies

 

  1. Registration. If you are an Employer, RPO Provider or Agency, you are required to create an Employer Profile in order to post job opportunities to the Job Bank and to search the Member Database. Pursuant to the terms of your Contract, your access to and viewing of the Member Database may be limited to certain Members based on your particular employment needs, or in the case of Agencies, prohibited entirely. In addition, PracticeLink reserves the right, in its sole discretion, to limit the number of emails or other communications you send to Members through the PracticeLink Services. Depending on the terms of your Contract you may also upload, store and manage your Employer Candidate Data, and use and access other features of the Recruitment Management System. Agencies cannot access the Member Database unless specifically authorized by PracticeLink in their Agency Contract. By creating an Employer Profile with PracticeLink, you agree that all information you submit to us is accurate and truthful. Assuming that the information you provide is consistent with these Terms of Use, your Contract, and any other applicable contract, we then grant you (pursuant to the terms of your Contract) a revocable, non-exclusive license to access our Website and use our Services. By providing your Personal and Organization Information to PracticeLink and by creating an Employer Profile, you agree that:

 

  • You have read and understand, and agree to comply with and be bound by these Terms of Use and Privacy Policy;
  • Any Personal Information and Organization Information submitted by you is accurate, and that any such information that you submit to us will be updated to remain, truthful, complete and accurate;
  • PracticeLink may, but is not obligated to, verify your Employer Profile, as necessary;
  • Your access to and use of the Website does not and shall not violate any applicable laws of the United States or your local jurisdiction, and that you will comply with applicable laws and regulations, including those concerning data privacy and protection, phone and email solicitation, intellectual property, and regulatory compliance;
  • PracticeLink can share and make available your Organizational Information and Personal Information (if any) to Members, Candidates and other Non-Registered Users using the PracticeLink Website;
  • PracticeLink can share your job postings with other websites and job fairs managed by third parties;
  • You are at least 18 years of age or older;
  • You will use PracticeLink Website and Services in a respectful manner;
  • PracticeLink can contact you regarding your Employer Profile; your experience with our Website and Services; any sponsored programs, fairs or seminars, the Job Bank or for any reason related to your use of the Website and Services; and
  • Members and Non-Registered Users can contact you regarding their job searches.

 

  1. Account Credentials. You are solely responsible in all respects for all use of and for protecting the confidentiality of your unique PracticeLink password. You agree not to provide, transfer or otherwise disclose your password to any third party, or otherwise allow access to your Account by any third party. You agree to notify us immediately of any unauthorized use of your password or other credentials or Account and any other suspected breach of security regarding the Website. If you discover or believe that your Account has been accessed or used without your authorization, please contact us at helpdesk@PracticeLink.com.  PracticeLink is not liable for and you hereby release PracticeLink from any liability for any loss or damage arising from the unauthorized use of your credentials. You are responsible for all activity on and use of your Account, and you may not assign or otherwise transfer your Account to any other person or entity.

 

  1. Equipment. You are responsible for obtaining access to the PracticeLink Website, Job Bank, or Services and for having all the equipment necessary to do so, even if that means you incur fees from a third party (such as an Internet Service Provider), including telephone, equipment, airtime, or Internet Service Provider charges.

 

  1. Employer Candidate Data.

 

    1. Depending on your subscription level under the Employer Contract and/or any Beta Services we offer (described below), you may have the ability to upload, manage and store Employer Candidate Data on and through our Website and Services. You acknowledge and agree that any Employer Candidate Data uploaded and stored on and through the Website and Services is accurate and truthful. You retain ownership of all Employer Candidate Data, provided, however, you acknowledge and agree that PracticeLink shall have the right to use, store and disclose such Employer Candidate Data in accordance with these Terms of Use and the Privacy Policy. For purposes of clarification, and notwithstanding anything contained herein to the contrary, “Employer Candidate Data” shall not include any Candidate data previously obtained or owned by PracticeLink, or independently developed by PracticeLink without the use of any such data provided or uploaded by you.

 

    1. You hereby grant to PracticeLink a non-exclusive, fully paid, perpetual, world-wide and irrevocable license to use, store and process the Employer Candidate Data, solely for its internal business purposes, and to compile, combine, enhance or incorporate such Employer Candidate Data with or into other similar data and information available, derived or obtained from other PracticeLink databases, clients, customers, licensees or users of the Website (collectively, such compiled, combined, enhanced or incorporated data and information shall be referred to as "Aggregated Data”) solely for its internal business purposes. PracticeLink will be the owner of all right, title and interest in and to Aggregated Data. Your grant of the license to copy, aggregate, process, use and display Employer Candidate Data shall survive the expiration or termination of any Employer Contract, Beta Services, these Terms of Use and the Privacy Policy. For purposes of clarification, and notwithstanding anything contained herein to the contrary, the parties acknowledge and agree that only PracticeLink and you will have access to and rights to view and use your Employer Candidate Data. No other Employer, RPO Provider, Agency, Member or Non-Registered User will have access to or rights to view or use your Employer Candidate Data.

 

    1. In connection with the grant of the license described above, you acknowledge and agree that by using our Website and Services to upload, manage and store Employer Candidate Data, you hereby grant to PracticeLink any and all consent and authority that may be required therefor, including, without limitation all express consent by the subject of such Employer Candidate Data. In furtherance of the foregoing, you hereby represent and warrant to us that you have obtained all necessary permissions and consents from the subject of the Employer Candidate Data to (i) upload, store and manage his or her Employer Candidate Data on the Website; (ii) grant PracticeLink a license to use, store and disclose his or her Employer Candidate Data in accordance with these Terms of Use, the Privacy Policy and any other additional terms and conditions posted by us on the Website; and (iii) allow PracticeLink to contact or otherwise communicate with him or her in accordance with these Terms of Use, the Privacy Policy and any other additional terms and conditions posted by us on the Website. If you do not have the appropriate consents or permissions from the individual subjects of your Employer Candidate Data, you should not upload or store any such Employer Candidate Data with, through or on the Website.

 

    1. In addition to any other indemnification obligations contained in these Terms of Use, you agree to defend, indemnify and hold harmless PracticeLink, its affiliates, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to (i) any claim by an individual subject of your Employer Candidate Data related to, arising out of or associated with your use, storage and management of his or her Employer Candidate Data on the PracticeLink Website (ii) any claim by an individual subject of your Employer Candidate Data related to, arising out of or associated with our storage, maintenance and use of such subject’s Employer Candidate Data; and (iii) your violation of the representations and warranties made with respect to the consents and permissions associated with the Employer Candidate Data.

 

  1. Beta Services. From time to time, we may make Beta Services available to you at no charge. You may choose to try such Beta Services or not in your sole discretion. Beta Services are intended for evaluation purposes and not for production use, are not supported, and may be subject to additional terms. Beta Services are not considered “Services” under these Terms of Use, however, all restrictions, our reservation of rights and your obligations concerning the Services, and use of the Website, shall apply to your use of Beta Services. Unless otherwise stated, any Beta Services trial period will expire upon the earlier of termination by PracticeLink or the date that a version of the Beta Services becomes generally available without the applicable Beta Services designation. We may discontinue Beta Services at any time in our sole discretion and may never make them generally available. We will have no liability for any harm or damage arising out of or in connection with a Beta Service. If you have supplied, stored, uploaded or managed any Personal Information, Organization Information or Employer Candidate Data on the Website in connection with any such Beta Services, upon termination of the Beta Service offering you will have the right to (i) request such data and information in accordance with Section XIII B of these Terms of Use, or (ii) enter into an Employer Contract for a particular Service offered by PracticeLink for the storage, maintenance, and management of such data, if available and offered by PracticeLink.

 

  1. Limitation of Our Services. 

PracticeLink is a searchable online database of job postings and candidates, allowing registered users the ability to search and review the Job Bank, Employer Profiles, Member Profiles and Member Database and contact them personally regarding their posting and/or services. PracticeLink does not employ any Candidates. You, if you are an Employer, are the potential employer of the Candidate whom you engage, and you are responsible for compliance with all applicable employment and other laws in connection with any employment or contract relationship you establish with a Candidate (such as applicable payroll, tax and minimum wage laws).

You understand that PracticeLink does not verify the qualifications of Employers, RPO Providers, Agencies or Members using or located on the Website, except as otherwise provided in these Terms of Use, nor do we evaluate or control in any ongoing manner exchanges between you and such users. We have no control over and assume no responsibility for the conduct, whether online or offline, of users of the Website. It is possible that other users may post offensive or inappropriate content, and that you may view or be involuntarily exposed to such offensive or inappropriate content. We do not approve of such conduct. However, we are not responsible for the content or conduct of other users of the Website, and shall have no liability for any actions or inaction taken in connection therewith. We make no representations or warranties, express or implied, as to the content submitted by users, and shall have no obligation to modify or remove inaccurate or inappropriate content.

WE DO NOT HAVE CONTROL OVER THE QUALITY, TIMING, OR LEGALITY OF THE SERVICES ACTUALLY DELIVERED BY ANY CANDIDATES, NOR OF THE INTEGRITY, RESPONSIBILITY OR ACTIONS OF EMPLOYERS OR CANDIDATES. WE DO NOT REFER, ENDORSE OR RECOMMEND EITHER EMPLOYERS OR CANDIDATES NOR DO WE MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, OR QUALITY OF THE SERVICES PROVIDED BY THE CANDIDATES OR THE INTEGRITY, RESPONSIBILITY OR ACTIONS OF EMPLOYERS OR CANDIDATES WHETHER IN PUBLIC, PRIVATE OR OFFLINE INTERACTIONS.

  1. Profile Verification.

By registering an Employer Profile or Member Profile, you authorize PracticeLink, and acknowledge that for purposes of promoting the safety and integrity of PracticeLink and its Services, PracticeLink reserves the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that your registration data is accurate and that the representations and warranties made herein addressing legal matters such as comp