TERMS OF USE

Last updated June 30, 2020

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity   (“you”)   and   Digital   Health   Recruitment,   doing   business   as   Digital   Health   Recruitment   ("Digital   Health Recruitment", “we”, “us”, or “our”), concerning your access to and use of the www.digitalhealthrecruitment.com website as  well  as  any  other  media  form,  media  channel,  mobile  website  or  mobile  application  related,  linked,  or  otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country  where  such  distribution  or  use  would  be  contrary  to  law  or  regulation  or  which  would  subject  us  to  any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website  designs,  audio,  video,  text,  photographs,  and  graphics  on  the  Site  (collectively,  the  “Content”)  and  the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part  of  the  Site  and  no  Content  or  Marks  may  be  copied,  reproduced,  aggregated,  republished,  uploaded,  posted, publicly   displayed,   encoded,   translated,   transmitted,   distributed,   sold,   licensed,   or   otherwise   exploited   for   any commercial purpose whatsoever, without our express prior written permission.


Provided  that  you  are  eligible  to  use  the  Site,  you  are  granted  a  limited  license  to  access  and  use  the  Site  and  to download  or  print  a  copy  of  any  portion  of  the  Content  to  which  you  have  properly  gained  access  solely  for  your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use;   (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1.  Use the Site in a manner inconsistent with any applicable laws or regulations.
2.  Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
3.  Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
4.  Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
5.  Delete the copyright or other proprietary rights notice from any Content.
6.  Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
7.  Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
8.  Sell or otherwise transfer your profile.
9.  Attempt to impersonate another user or person or use the username of another user.
10.  Make improper use of our support services or submit false reports of abuse or misconduct.
11.  Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
12.  Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
13.  Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.


USER GENERATED CONTRIBUTIONS

The  Site  may  invite  you  to  chat,  contribute  to,  or  participate  in  blogs,  message  boards,  online  forums,  and  other functionality,  and  may  provide  you  with  the  opportunity  to  create,  submit,  post,  display,  transmit,  perform,  publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio,


photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you  transmit  may  be  treated  as  non-confidential  and  non-proprietary.  When  you  create  or  make  available  any Contributions, you thereby represent and warrant that:

1.  The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2.  You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3.  You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4.  Your Contributions are not false, inaccurate, or misleading.
5.  Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6.  Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7.  Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8.  Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9.  Your Contributions do not violate any applicable law, regulation, or rule.
10.  Your Contributions do not violate the privacy or publicity rights of any third party.
11.  Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12.  Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
13.  Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14.  Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.


CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,  worldwide  right,  and  license  to  host,  use,  copy,  reproduce,  disclose,  sell,  resell,  publish,  broadcast,  retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute  such  Contributions  (including,  without  limitation,  your  image  and  voice)  for  any  purpose,  commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos,  and  personal  and  commercial  images  you  provide.  You  waive  all  moral  rights  in  your  Contributions,  and  you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual  property  rights  or  other  proprietary  rights  associated  with  your  Contributions.  We  are  not  liable  for  any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.


We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

SUBMISSIONS

You  acknowledge  and  agree  that  any  questions,  comments,  suggestions,  ideas,  feedback,  or  other  information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall  own  exclusive  rights,  including  all  intellectual  property  rights,  and  shall  be  entitled  to  the  unrestricted  use  and dissemination  of  these  Submissions  for  any  lawful  purpose,  commercial  or  otherwise,  without  acknowledgment  or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse  against  us  for  any  alleged  or  actual  infringement  or  misappropriation  of  any  proprietary  right  in  your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The  Site  may  contain  (or  you  may  be  sent  via  the  Site)  links  to  other  websites  ("Third-Party  Websites")  as  well  as articles,  photographs,  text,  graphics,  pictures,  designs,  music,  sound,  video,  information,  applications,  software,  and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us,  and  we  are  not  responsible  for  any  Third-Party  Websites  accessed  through  the  Site  or  any  Third-Party  Content posted  on,  available  through,  or  installed  from  the  Site,  including  the  content,  accuracy,  offensiveness,  opinions, reliability,  privacy  practices,  or  other  policies  of  or  contained  in  the  Third-Party  Websites  or  the  Third-Party  Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

SITE MANAGEMENT

We  reserve  the  right,  but  not  the  obligation,  to:  (1)  monitor  the  Site  for  violations  of  these  Terms  of  Use;  (2)  take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse,  restrict  access  to,  limit  the  availability  of,  or  disable  (to  the  extent  technologically  feasible)  any  of  your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the  Site  or  otherwise  disable  all  files  and  content  that  are  excessive  in  size  or  are  in  any  way  burdensome  to  our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access  the  Site  from  the  European  Union,  Asia,  or  any  other  region  of  the  world  with  laws  or  other  requirements


governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information  from  children  or  knowingly  market  to  children.  Therefore,  in  accordance  with  the  U.S.  Children’s  Online Privacy  Protection  Act,  if  we  receive  actual  knowledge  that  anyone  under  the  age  of  13  has  provided  personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

TERM AND TERMINATION

These  Terms  of  Use  shall  remain  in  full  force  and  effect  while  you  use  the  Site.  WITHOUT  LIMITING  ANY  OTHER PROVISION  OF  THESE  TERMS  OF  USE,  WE  RESERVE  THE  RIGHT  TO,  IN  OUR  SOLE  DISCRETION  AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access  or  use  the  Site  during  any  downtime  or  discontinuance  of  the  Site.  Nothing  in  these  Terms  of  Use  will  be construed  to  obligate  us  to  maintain  and  support  the  Site  or  to  supply  any  corrections,  updates,  or  releases  in connection therewith.

GOVERNING LAW

These  Terms  of  Use  and  your  use  of  the  Site  are  governed  by  and  construed  in  accordance  with  the  laws  of  the Commonwealth   of   Massachusetts   applicable   to   agreements   made   and   to   be   entirely   performed   within   the Commonwealth of Massachusetts, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute"  and  collectively,  the  “Disputes”)  brought  by  either  you  or  us  (individually,  a  “Party”  and  collectively,  the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below)


informally  for  at  least  thirty  (30)  days  before  initiating  arbitration.  Such  informal  negotiations  commence  upon  written notice from one Party to the other Party.

Binding Arbitration

If  the  Parties  are  unable  to  resolve  a  Dispute  through  informal  negotiations,  the  Dispute  (except  those  Disputes expressly  excluded  below)  will  be  finally  and  exclusively  resolved  by  binding  arbitration.  YOU  UNDERSTAND  THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration  shall  be  commenced  and  conducted  under  the  Commercial  Arbitration  Rules  of  the  American  Arbitration Association  ("AAA")  and,  where  appropriate,  the  AAA’s  Supplementary  Procedures  for  Consumer  Related  Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Norfolk County, Massachusetts. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Norfolk County, Massachusetts, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for  any  Dispute  to  be  brought  in  a  purported  representative  capacity  on  behalf  of  the  general  public  or  any  other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and  binding  arbitration:  (a)  any  Disputes  seeking  to  enforce  or  protect,  or  concerning  the  validity  of,  any  of  the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy,  or  unauthorized  use;  and  (c)  any  claim  for  injunctive  relief.  If  this  provision  is  found  to  be  illegal  or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There  may  be  information  on  the  Site  that  contains  typographical  errors,  inaccuracies,  or  omissions,  including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.


DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND  OUR  SERVICES  WILL  BE  AT  YOUR  SOLE  RISK.  TO  THE  FULLEST  EXTENT  PERMITTED  BY  LAW,  WE DISCLAIM  ALL  WARRANTIES,  EXPRESS  OR  IMPLIED,  IN  CONNECTION  WITH  THE  SITE  AND  YOUR  USE THEREOF,  INCLUDING,  WITHOUT  LIMITATION,  THE  IMPLIED  WARRANTIES  OF  MERCHANTABILITY,  FITNESS FOR     A     PARTICULAR     PURPOSE,     AND     NON-INFRINGEMENT.     WE     MAKE     NO     WARRANTIES     OR REPRESENTATIONS   ABOUT  THE   ACCURACY   OR   COMPLETENESS   OF   THE   SITE’S   CONTENT   OR   THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE  WHICH  MAY  BE  TRANSMITTED  TO  OR  THROUGH  THE  SITE  BY  ANY  THIRD  PARTY,  AND/OR  (6)  ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED  AS  A  RESULT  OF  THE  USE  OF  ANY  CONTENT  POSTED,  TRANSMITTED,  OR  OTHERWISE  MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY  PRODUCT  OR  SERVICE  ADVERTISED  OR  OFFERED  BY  A  THIRD  PARTY  THROUGH  THE  SITE,  ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE  PURCHASE  OF  A  PRODUCT  OR  SERVICE  THROUGH  ANY  MEDIUM  OR  IN  ANY  ENVIRONMENT,  YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY  FOR  ANY  DIRECT,  INDIRECT,  CONSEQUENTIAL,  EXEMPLARY,  INCIDENTAL,  SPECIAL,  OR  PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR  USE  OF  THE  SITE,  EVEN  IF  WE  HAVE  BEEN  ADVISED  OF  THE  POSSIBILITY  OF  SUCH  DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US  DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY  CAUSE  OF  ACTION  ARISING  OR  $1.00  USD.  CERTAIN  STATE  LAWS  DO  NOT  ALLOW  LIMITATIONS  ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers,  agents,  partners,  and  employees,  from  and  against  any  loss,  damage,  liability,  claim,  or  demand,  including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.


USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well  as  data  relating  to  your  use  of  the  Site.  Although  we  perform  regular  routine  backups  of  data,  you  are  solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS,  AND  TO  ELECTRONIC  DELIVERY  OF  NOTICES,  POLICIES,  AND  RECORDS  OF  TRANSACTIONS INITIATED  OR  COMPLETED  BY  US  OR  VIA  THE  SITE.  You  hereby  waive  any  rights  or  requirements  under  any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability  of  any  remaining  provisions.  There  is  no  joint  venture,  partnership,  employment  or  agency  relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In  order  to  resolve  a  complaint  regarding  the  Site  or  to  receive  further  information  regarding  use  of  the  Site,  please contact us at:

Digital Health Recruitment
9 Hamilton Place
Suite 2B
Boston, MA 02108
United States Phone: 6177497767 legal@digitalhealthrecruitment.com

PRIVACY POLICY

Last updated June 30, 2020


Thank  you  for  choosing  to  be  part  of  our  community  at  Digital  Health  Recruitment,  doing  business  as  Digital  Health Recruitment  (“Digital  Health  Recruitment”,  “we”,  “us”,  or  “our”).  We  are  committed  to  protecting  your  personal information  and  your  right  to  privacy.  If  you  have  any  questions  or  concerns  about  our  policy,  or  our  practices  with regards to your personal information, please contact us at legal@digitalhealthrecruitment.com.

When  you  visit  our  website  www.digitalhealthrecruitment.com,  and  use  our  services,  you  trust  us  with  your  personal information.  We  take  your  privacy  very  seriously.  In  this  privacy  notice,  we  describe  our  privacy  policy.  We  seek  to explain  to  you  in  the  clearest  way  possible  what  information  we  collect,  how  we  use  it  and  what  rights  you  have  in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue use of our Sites and our services.

This privacy policy applies to all information collected through our website (such as www.digitalhealthrecruitment.com), and/or  any  related  services,  sales,  marketing  or  events  (we  refer  to  them  collectively  in  this  privacy  policy  as  the "Sites").

Please  read  this  privacy  policy  carefully  as  it  will  help  you  make  informed  decisions  about  sharing  your personal information with us.



TABLE OF CONTENTS

1. WHAT INFORMATION DO WE COLLECT?

2. HOW DO WE USE YOUR INFORMATION?

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

4. HOW LONG DO WE KEEP YOUR INFORMATION?

5. HOW DO WE KEEP YOUR INFORMATION SAFE?

6. DO WE COLLECT INFORMATION FROM MINORS?

7. WHAT ARE YOUR PRIVACY RIGHTS?

8. CONTROLS FOR DO-NOT-TRACK FEATURES

9. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

10. DO WE MAKE UPDATES TO THIS POLICY?

11. HOW CAN YOU CONTACT US ABOUT THIS POLICY?



1. WHAT INFORMATION DO WE COLLECT?


Personal information you disclose to us

In Short: We collect personal information that you provide to us such as name, address, contact information, passwords and security data, and payment information.

We collect personal information that you voluntarily provide to us when registering at the Sites expressing an interest in obtaining information about us or our products and services, when participating in activities on the Sites or  otherwise contacting us.

The personal information that we collect depends on the context of your interactions with us and the Sites, the choices you make and the products and features you use. The personal information we collect can include the following:

Name and Contact Data. We collect your first and last name, email address, postal address, phone number, and other similar contact data.

Credentials.  We  collect  passwords,  password  hints,  and  similar  security  information  used  for  authentication  and account access.

Payment  Data.  We  collect  data  necessary  to  process  your  payment  if  you  make  purchases,  such  as  your  payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by our payment processor and you should review its privacy policies and contact the payment processor directly to respond to your questions.

All  personal  information  that  you  provide  to  us  must  be  true,  complete  and  accurate,  and  you  must  notify  us  of  any changes to such personal information.

Information collected from other sources

In Short:  We may collect limited data from public databases, marketing partners, and other outside sources.

We may obtain information about you from other sources, such as public databases, joint marketing partners, as well as from  other  third  parties.  Examples  of  the  information  we  receive  from  other  sources  include:  social  media  profile information; marketing leads and search results and links, including paid listings (such as sponsored links).



2. HOW DO WE USE YOUR INFORMATION?

In  Short:   We  process  your  information  for  purposes  based  on  legitimate  business  interests,  the  fulfillment  of  our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our Sites for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:


To send you marketing and promotional communications. We and/or our third party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time (see the " WHAT ARE YOUR PRIVACY RIGHTS " below).

To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.

Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Sites.

To post testimonials. We post testimonials on our Sites that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and testimonial. If you wish to update, or delete your


testimonial, please contact us at legal@digitalhealthrecruitment.com and be sure to include your name, testimonial location, and contact information.

Deliver targeted advertising to you. We may use your information to develop and display content and advertising
(and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.


Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in competitions.

Request Feedback. We may use your information to request feedback and to contact you about your use of our
Sites.

To enforce our terms, conditions and policies.

To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Sites, products, services, marketing and your experience.


3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short:  We only share information with your consent, to comply with laws, to protect your rights, or to fulfill business obligations.


We may process or share data based on the following legal basis:

Consent: We may process your data if you have given us specific consent to use your personal information in a specific purpose.

Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.

Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.

Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:


Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the Sites. These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.


4. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short:  We keep your information for as long as necessary to fulfill the purposes outlined in this privacy policy unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this policy will require us keeping your personal information for longer than 2 years past the termination of the user's account.

When  we  have  no  ongoing  legitimate  business  need  to  process  your  personal  information,  we  will  either  delete  or anonymize  it,  or,  if  this  is  not  possible  (for  example,  because  your  personal  information  has  been  stored  in  backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.



5. HOW DO WE KEEP YOUR INFORMATION SAFE?

In  Short:    We  aim  to  protect  your  personal  information  through  a  system  of  organizational  and  technical  security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Sites is at your own risk. You should only access the services within a secure environment.



6. DO WE COLLECT INFORMATION FROM MINORS?

In Short:  We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Sites, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the  Sites.  If  we  learn  that  personal  information  from  users  less  than  18  years  of  age  has  been  collected,  we  will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware     of     any     data     we     have     collected     from     children     under     age     18,     please     contact     us     at legal@digitalhealthrecruitment.com.



7. WHAT ARE YOUR PRIVACY RIGHTS?

In Short:  You may review, change, or terminate your account at any time.

If  you  are  resident  in  the  European  Economic  Area  and  you  believe  we  are  unlawfully  processing  your  personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm


Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

■  Contact us using the contact information provided.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

O       ting out of email marketing:  You  can  unsubscribe  from  our  marketing  email  list  at  any  time  by  clicking  on  the unsubscribe  link  in  the  emails  that  we  send  or  by  contacting  us  using  the  details  provided  below.  You  will  then  be


removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account. To otherwise opt-out, you may:

■  Contact us using the contact information provided.



8. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or  setting  you  can  activate  to  signal  your  privacy  preference  not  to  have  data  about  your  online  browsing  activities monitored  and  collected.  No  uniform  technology  standard  for  recognizing  and  implementing  DNT  signals  has  been finalized.  As  such,  we  do  not  currently  respond  to  DNT  browser  signals  or  any  other  mechanism  that  automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.



9. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short:   Yes,  if  you  are  a  resident  of  California,  you  are  granted  specific  rights  regarding  access  to  your  personal information.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents  to  request  and  obtain  from  us,  once  a  year  and  free  of  charge,  information  about  categories  of  personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Sites, you have the right to request removal of unwanted data that you publicly post on the Sites. To request removal of such data, please contact us  using  the  contact  information  provided  below,  and  include  the  email  address  associated  with  your  account  and  a statement that you reside in California. We will make sure the data is not publicly displayed on the Sites, but please be aware that the data may not be completely or comprehensively removed from our systems.



10. DO WE MAKE UPDATES TO THIS POLICY?

In Short:  Yes, we will update this policy as necessary to stay compliant with relevant laws.

We may update this privacy policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.



11. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you have questions or comments about this policy, you may email us at legal@digitalhealthrecruitment.com or by post to:

Digital Health Recruitment
9 Hamilton Place
Suite 2B
Boston, MA 02108
United States

If you have any further questions or comments about us or our policies, email us at legal@digitalhealthrecruitment.com or by post to:

Digital Health Recruitment


9 Hamilton Place
Suite 2B
Boston , MA 02108
United States
Phone: 6177497767