Cookies, Privacy and Terms of Service

Cookie Policy

Last Updated: February 27, 2017

By using or accessing the Website, you are consenting to Healthcom Media’s use of Cookies as follows:

This policy helps to explain the occasions when and why cookies may be sent to visitors to the Website (referred to in this policy as “we”, “us” or “our”). “Cookies” are text-only pieces of information that a website transfers to an individual’s hard drive or other website-browsing equipment for record-keeping purposes. Cookies allow the Website to remember important information that will make your use of the site more convenient. A cookie will typically contain the name of the domain from which the cookie has come, the “lifetime” of the cookie, and a randomly generated unique number or other value. Certain cookies will be used on the Site regardless of whether you are logged in to your account or not.  Like most websites, we use cookies for a variety of purposes in order to improve your online experience, for analytics and for marketing, but specifically we use Cookies on the Website for the following purposes:

  1. Analytical Purposes: We use Cookies to analyze user activity in order to improve the Website. For example, using Cookies we can look at aggregate patterns like the average number of job searches that users perform. We can use such analysis to gain insights about how to improve the functionality and user experience of the Website.
  2. Your Preferences: We use Cookies to store certain user preferences on our Website. For example, we may store the recent searches you have performed in a Cookie so that we can allow you to easily repeat those searches when you return to our Website.
  3. Marketing: We use Cookies from third-party partners such as Google and Facebook for marketing purposes. These Cookies allow us to display Healthcom Media promotional material to you on other sites you visit across the Internet. Healthcom Media may also share information about your behavior on the Site with third parties (including operators of third-party websites and/or social networking sites) in order to show you targeted advertisements and other content that has been customized for you.
  4. Referral Tracking: We use Cookies to associate user activity with the third party website that referred the user to our Website, or to associate user activity that Healthcom Media referred to a third party website. These third party partner websites receive credit for the activity of users they refer to our Website, or give Healthcom Media credit for the activity of users referred to such third party websites. We do not share any personal information or information about individual user activities with these partner entities.

Session Cookies are temporary cookies that remain in the cookie file of your browser until you leave the Website.

Persistent Cookies remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie). When we use session cookies to track the total number of visitors to our Website, this is done on an anonymous aggregate basis (as cookies do not in themselves carry any personal data). We may also employ cookies so that we remember your computer when it is used to return to the Website to help customize your Healthcom Media web experience. We may associate personal information with a cookie file in those instances. Use the options in your web browser if you do not wish to receive a cookie or if you wish to set your browser to notify you when you receive a cookie. You can easily delete any cookies that have been installed in the cookie folder of your browser. See below instructions on how to enable and disable cookies for various browsers, and Healthcom Media’s NursingJobsToday.com:

Please check the browser’s cookie settings support pages to confirm the most up-to-date instructions.

Google Chrome

  • Click the settings icon on the browser toolbar (three stacked lines)
  • Select ‘Settings’
  • Click ‘Show advanced settings’
  • In the “Privacy” section, click the ‘Content settings’ button
  • To enable cookies: In the “Cookies” section, pick ‘Allow local data to be set’. This will enable both first-party and third-party cookies. To allow only first-party cookies, pick ‘Block third-party cookies and site data’
  • To disable cookies: In the “Cookies” section, pick ‘Block sites from setting any data’
  • Note there are various levels of cookie enablement and disablement in Chrome. For more information on other cookie settings offered in Chrome, refer to the following page from Google: https://support.google.com/chrome/answer/95647

Mozilla Firefox

  • Click the menu button (three stacked lines) and choose ‘Preferences’
  • Select the Privacy panel
  • Set ‘Firefox will:’ to ‘Use custom settings for history’
  • To enable cookies: Check ‘Accept cookies from sites’
  • To disable cookies: Uncheck ‘Accept cookies from sites’
  • Note there are various levels of cookie enablement and disablement in Firefox. For more information, refer to the following page from Mozilla: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

Safari on OSX

  • Click on ‘Safari’ at the menu bar and select the ‘Preferences’ option
  • Click on ‘Privacy’
  • To enable cookies: In the ‘Cookies and website data:’ section, click ‘Always Allow’ or ‘Allow from websites I visit’ or ‘Allow from current website only’ depending on your preference
  • To disable cookies: In the “Cookies and website data:” section, click ‘Always Block’
  • Note there are various levels of cookie enablement and disablement in Safari. For more information on other cookie settings offered in Safari, refer to the following page from Apple: https://support.apple.com/kb/PH19214

Opera

  • From the main menu, select ‘Settings’ (or ‘Preferences’, when using OS X)
  • Click ‘Advanced’
  • Under “Cookies”, select an option for handling cookies
  • To enable cookies: Check ‘Accept’ or ‘Accept only from the sites I visit’ depending on your preference
  • To disable cookies: Check ‘Never accept cookies’
  • Note there are various levels of cookie enablement and disablement in Opera. For more information on other cookie settings offered in Opera, refer to the following page from Opera Software: http://www.opera.com/help/tutorials/security/privacy/

Microsoft Internet Explorer 6.0, 7.0, 8.0, 9.0, 10.0

  • Click on ‘Tools’ at the top of your browser window and select ‘Internet Options’
  • In the options window navigate to the ‘Privacy’ tab
  • To enable cookies: Set the slider to ‘Medium’ or below
  • To disable cookies: Move the slider to the top to block all cookies
  • Note there are various levels of cookie enablement and disablement in Explorer. For more information on other cookie settings offered in Internet Explorer, refer to the following page from Microsoft: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies

Microsoft Internet Explorer 11 for Windows 10

  • Click on ‘Tools’ at the top of your browser window and select ‘Internet Options’
  • In the options window navigate to the ‘Privacy’ tab
  • To enable cookies: Choose ‘Allow’ or ‘Be prompted for first and third party cookies,’ depending on your preferences
  • To disable cookies: Choose ‘Block’
  • Note there are various levels of cookie enablement and disablement in Explorer. For more information on other cookie settings offered in Internet Explorer, refer to the following page from Microsoft: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies

Microsoft Edge

  • Click on ‘More’ and choose ‘Settings’
  • Under “Advanced settings”, select ‘View advanced Settings’
  • Under “Privacy and services – Cookies”, choose the option you want.
  • ‘Block all cookies’ blocks all cookies that websites try to save to your computer. ‘Block only third party cookies’ blocks third party cookies, which are saved by external web services, such as ads embedded on webpages you have navigated to.
  • Note there are various levels of cookie enablement and disablement in Edge. For more information on other cookie settings offered in Microsoft Edge, refer to the following page from Microsoft: https://support.microsoft.com/en-us/help/12454/windows-10-microsoft-edge-privacy-faq

If you disable all cookies, you may not be able to take advantage of all the features of this website. Consult your mobile device documentation for information on how to disable cookies.

In addition, if you would like to remove yourself from Healthcom Media’s NursingJobsToday.com, you must click here. Healthcom Media may also provide an employer with code for a Conversion Tracker to place on its website that pings the NursingJobsToday.com and tracks whenever a job seeker has applied to a job on that employer’s website. This Conversion Tracker will attribute an application to Healthcom Media any time the job seeker started their search on Healthcom Media, despite any intervening activity. Healthcom Media does not and cannot collect any of the job seeker’s personally identifiable information and does not have access to the cookies in the employer’s domain. The Conversion Tracker is simply a counter that notifies Healthcom Media that a job seeker has applied. If a jobseeker has disabled the web beacon, the Conversion Tracker will have no functionality.

Healthcom Media uses the AdWords and Remarketing Lists features of Google Analytics for Display Advertisers. Healthcom Media and Google use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on your past visits to our Website. This means that vendors including Google will display Healthcom Media promotional material on other sites you visit across the Internet.

You may opt-out of Google Analytics for Display Advertisers including AdWords and opt-out of customized Google Display Network ads by visiting the Google Ads Preferences Manager. To provide website visitors more choice on how their data is collected by Google Analytics, Google has developed an Opt-out Browser add-on, which is available by visiting Google Analytics Opt-out Browser Add-on, to enable you to opt-out of Google’s programs.

Healthcom Media marketing service providers. If you do not want Healthcom Media and its marketing services providers to follow your usage of our services via the third party marketing services providers’ cookies and Web beacons, and to learn more about these providers and their privacy policies, please visit each site: Nielsen, comScore, Yandex (Russia website only), Optimizely, Marketo, Sift ScienceDemandbase, Olark, Perfect Audience, Zendesk, Appsflyer, Facebook, TwitterAdometry, Sizmek, MediaCom, Mixpanel, Heap Analytics. Opting out of these services does not mean you will no longer receive online advertising. It does mean that the service from which you opted out will no longer deliver ads tailored to your Web preferences and usage patterns.

In all cases where third party cookies are used to track your behavior on Healthcom Media, you must refer to such third party’s site to learn how to remove cookies for that third party specifically.  Removing Healthcom Media cookies from your browser will not affect cookies placed by third parties.

Changes To Our Cookie Policy

From time to time, it may be necessary for us to change this cookie policy. We suggest that you check here periodically for any changes.

Privacy Policy

Last Updated: April 12, 2017

1. Introduction

Healthcom Media values the trust our users and customers place in us when they give us access to their Personal Information. The Privacy Policy describes how we work to maintain that trust and protect that information.

Healthcom Media has created this Privacy Policy in order to describe its collection, use and disclosure of personal data you give to Healthcom Media when you access or use Healthcom Media’s online and/or mobile services and websites, and software provided by Healthcom Media on or in connection with such services or websites (collectively, the “Site”). “Healthcom Media” or “we” means Healthcom Media, Inc. If you are a Jobseeker or Employer and you use NursingJobsToday.com, if you are receiving the Healthcom Media Hire services, Healthcom Media reserves the right to share data in accordance with this Privacy Policy between and amongst the aforementioned Healthcom Media entities.

This Privacy Policy covers only data that we collect through the Site, and not any other data collection or processing, including, without limitation, the data collection practices of any affiliate or other third party, including any third-party operators of web pages to which the Site links, and any information that we collect offline or through any websites, products, or services that do not display a direct link to this Privacy Policy. Occasionally, we may refer to this Privacy Policy in notices and consent requests related to special purpose web pages, mobile applications, or other resources, for example, if we invite you to submit ideas to improve the Site; under such circumstances, this Privacy Policy applies to information collected by us through such special purpose resources, as modified in the particular notice or consent request (e.g., with respect to the types of data collected or our uses or disclosures of such information) Healthcom Media may amend this Privacy Policy at any time. Please review the “Last Updated” legend at the top of this page to determine when this Privacy Policy was last amended. Any changes to this Privacy Policy will become effective on the “Last Updated” date indicated above. By using the Site or providing information to us following such changes, you will have accepted the amended Privacy Policy. If Healthcom Media is going to use Personal Information  (as defined below) collected through the Site in a manner materially different from that stated at the time of collection, then Healthcom Media will notify users via email and/or by posting a notice on Healthcom Media’s Site for 30 days prior to such use or by other means as required by law.

2. Information Collected

When you create an Healthcom Media account, request information, subscribe for a service, participate in a survey, post a rating or review, post a question or answer, post a resume, upload content or otherwise actively send us data on our Site, we collect such data including, but not limited to, your user name, password, first and last name, email address, telephone number (including mobile phone number), street address, gender, occupation, interests, messages you send to users, and any other data included in a submitted profile or resume, including but not limited to application materials and answers to screener questions submitted to Employers through Healthcom Media and answers you give to any questionnaires sent to you, which you answer. In connection with chargeable services, we will also collect payment information (e.g., credit card number and related verification information). If you use any automated phone screening product, Healthcom Media will record and store your answers to an Employer’s screening questions and will forward your answers to the Employer. You consent to Healthcom Media listening to and analyzing the recording in accordance with this Privacy Policy. In each such instance above, you will know what data we collect through the Site, or collect through screening, because you actively submit it. 

You may also create an account or log in to your Healthcom Media account using third-party websites including, but not limited to, Facebook. If you do not already have an Healthcom Media account but log in to Healthcom Media using your Facebook account, this creates an Healthcom Media account using the same email address used in your Facebook account. Facebook may also ask for your permission to share certain details with Healthcom Media, including but not limited to your name, profile picture, public profile information and email address. If you agree to provide this information to Healthcom Media, Facebook will authenticate you and redirect you to the Site. Please note, when you log in to Healthcom Media using your Facebook account, Facebook will cookie you in order to authenticate you as a Facebook user. By granting Healthcom Media access to your Facebook account, you understand that Healthcom Media will access, make available and store the information that you provide to Healthcom Media from your Facebook account so that it may be available on and through the Site via your Healthcom Media account. This information will be considered Healthcom Media account information for purposes of your use of the Site. You have the ability to disable the connection between your Facebook account and your Healthcom Media account at any time by accessing your privacy settings on your Facebook account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH FACEBOOK OR ANY OTHER THIRD-PARTY WEBSITE IS GOVERNED SOLELY BY YOUR AGREEMENT WITH SUCH THIRD-PARTY WEBSITE.

In addition, as part of the standard operation of the Site, Healthcom Media may automatically collect and analyze information from your computer or mobile device, including, but not limited to, your browser type, operating system, IP address and the domain name from which you accessed the Site, and if you are accessing our Site with your mobile device, the type of mobile device. In addition, we may automatically record and analyze actions taken on the Site including, but not limited to, date and times of use, clicks, page views, the amount of time you spend on each page, and search queries. Healthcom Media reserves the right to match your IP address (or any other information) with other information about you in any way permitted by applicable law. Healthcom Media will store this information on its equipment or the equipment of third parties that Healthcom Media has a relationship with for that purpose. If you create an Healthcom Media account, information may be collected under your account email address.

If you access or use the Site on your mobile telephone or other mobile device, including tablets, we collect mobile device identifiers, including MAC Address, and IP Address. Healthcom Media may create and assign to your device an identifier that is similar to an account number. We may collect the name you have associated with your device, device type, telephone number, country, and any other information you choose to provide, such as user name, geolocation or email address.

If you are an Employer, Healthcom Media may request that you provide certain personal information to Healthcom Media in order to verify your account. This information includes, but is not limited to your Federal Employer Identification Number (EIN), Business Registration information, or a utility bill. This information will be used for internal purposes only, subject to any request by law enforcement or a court order.

3. Limitation of Use or Disclosure of Personal Data

When a Job Seeker deletes an account, the Job Seeker will no longer have access to any of the data which we provided under that account name, including but not limited to, search history, job search preferences, saved jobs, jobs the Job Seeker has applied to, job alerts, resume, and any other data associated with the account. If the Job Seeker uses the same email address to set up a new account, this data will not become available to the Job Seeker again. Healthcom Media reserves the right to keep any materials in a deleted account as necessary to preserve and protect its rights as allowed by law (for example, to preserve records of a dispute) or to comply with its obligations under local law (for example, to keep an email address). A deleted account does not mean that all of the data is expunged from the Healthcom Media systems, although it will not be readily available under the Job Seeker’s original account name. When the Job Seeker presses the delete account button on the dashboard, Healthcom Media will begin to process that instruction within 24 hours and will have completed the operation within 40 days.

Employers may disable an account, however Healthcom Media must preserve business records pertaining to that account to comply with its obligations under law. If a Job Seeker wants to delete a job application performed on Healthcom Media’s site, they will need to contact the prospective Employer directly to request deletion of their application. When a Job Seeker creates a resume on Healthcom Media, they are given the option to make their resume public or private. Public resumes are available to anyone with access to Healthcom Media’s resume search application. Private resumes are only made available to those whom the Job Seeker has initiated an application or provided their resume. For job applications which you, the Job Seeker submit through Healthcom Media (including the use of an Healthcom Media Apply button) to an employer, (with related materials submitted), please note: 1) that your applications and materials may be controlled by an employer, 2) we may direct you to that employer for personal data deletion requests, and 3) Healthcom Media depends on the Employer or the Employer’s agent to provide Healthcom Media with the correct destination for all applications. In the event that the electronic destination provided to Healthcom Media is incorrect, your application materials will not be sent to the intended recipient of the application. Healthcom Media has no liability for such applications. If you do not wish to send your application materials in this manner, you should send them directly to the employer.

4. Uses and Disclosures of Information

We may use any information collected pursuant to this Privacy Policy, including information that identifies you as a specific individual (“Personal Information”), for the purposes set forth in this Paragraph 4 and Paragraphs 5, 6, and 10 below. Healthcom Media uses such information to provide our services and features to you, including to provide employer information to you, to measure and improve those services and features, and to provide you with customer support.

For example, Healthcom Media uses your previous search and browsing history (e.g. the jobs you click on), or application materials and answers to screener questions, to determine relevant search results and provide you with recommended jobs or reach out to you about jobs you may be interested in. Healthcom Media may also provide information collected pursuant to this Privacy Policy, including Personal Information, to employers that may be interested in contacting you. By applying to a job, providing your contact information to show interest in a job, or by replying to a message from an employer, you consent to the disclosure of your information to that employer. Healthcom Media may also use information provided to Healthcom Media via your Healthcom Media Resume to pre-populate application information for you and for other similar purposes.  

More specifically, you take a variety of actions on our Site. For example, you search for jobs, and Healthcom Media knows and stores the titles of jobs you search for, where those jobs are located, any information, including salary interest or experience of which you have informed Healthcom Media, or the general salary range or experience level of the jobs you view (if indicated on the Job Listings), the Job Listings you apply to or any of your other behavior on the Healthcom Media site, when you use Healthcom Media. You know exactly what this data is because you are the person who undertook the activity and the data pertains only to your activity. If you have an Healthcom Media account or an Healthcom Media-hosted resume, you agree that Healthcom Media may use this observed factual data to suggest jobs to you and to suggest you or your public resume to Employers that might be interested in a person who matches your behavior on Healthcom Media. You also agree that Healthcom Media may contact you based on this observed behavior.

Healthcom Media may also share such information with third parties (including operators of third-party websites and/or social networking sites) in order to show you targeted advertisements and other content that has been customized for you.

Healthcom Media may also use information collected pursuant to this Privacy Policy to prevent potentially illegal activities and activities that are detrimental to you or others. Healthcom Media may investigate and disclose information from or about you or your use of Healthcom Media if we have a good faith belief that such investigation or disclosure (a) is reasonably necessary to comply with legal process (including subpoenas, search warrants, court orders) and law enforcement instructions and orders; (b) is helpful to prevent, investigate, or identify possible wrongdoing in connection with the use of the Site; or (c) may protect our rights, reputation, property, safety, or that of the public; or (d) as necessary to meet  national security requirements. Healthcom Media is subject to the investigatory and enforcement powers of the Federal Trade Commission or other investigatory bodies of the United States.

We may use a variety of methods to detect and address anomalous activity and screen content to prevent abuse such as spam. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some users. Healthcom Media provides two-way message proxy and relay services to the users of our Healthcom Media products, including: Healthcom Media Resume, Healthcom Media Apply, and Post a Job. By utilizing this Healthcom Media relay function in connection with any of the aforementioned products, you acknowledge that you are asking Healthcom Media to send these messages on your behalf. We monitor, review, store and analyze your content (including your resumes, cover letters, applications, messages, questionnaire answers, responses, offer letters and other materials) that you send, store or receive, including via automated means and otherwise, for data analysis, quality control, and to refine the Site or any other Healthcom Media product or service (including to provide better search results and other listings for job seekers and employers, provide you with personally relevant product features, and to prevent and block fraud and spam or reduce unwanted mail).  When communicating through Healthcom Media’s relay system, you will see an email address with an @Healthcom Mediaemail.com or @Healthcom Mediamail.com ending. You retain no ownership rights in these email addresses, which are specific to Employers’ Job Listings, but owned by Healthcom Media. Healthcom Media’s relay system will show the name associated with your account or job application in the “To:” or “From:” field. Please note that since these message proxy and relay services depend on the functionality of third party providers, there may be technical delays on the part of those email service providers. If you share the Healthcom Media-owned email address with someone other than yourself, and they send an email to this email address, Healthcom Media reserves the right to verify and confirm the identity of the sender of that email with the Employer associated with that email address’ Job Listing. Healthcom Media reserves the right to drop messages from our relay system that Healthcom Media determines do not adhere to Site Rules or any of the terms of this agreement. 

Any information shared by you with Healthcom Media may be shared with or transferred to any Healthcom Media affiliated entity (including those located outside the European Union or Switzerland, or Healthcom Media Hire, Inc.), no matter where located, for the purpose of providing you services and improving the Site. By using the Site, you consent to this transfer and acknowledge that the services provided  to you and the functionality of the Site could not be provided without such a transfer. If you do not wish your information to be transferred in this way you should not use this Site.

Transfer of Data to Third Parties

We may use other companies, including affiliates and third parties, to perform services in connection with our operations, and to improve the Site and our other products and services. These third parties may include (but are not limited to) service providers and vendors.

In the course of providing these services, those companies may have access to Personal Information, and such Personal Information may be transferred to other countries. Those companies are contractually required to treat such Personal Information in accordance with this Privacy Policy. Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be nonnegotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their system, or they have a general reputation for applying such measures. However, we will not be liable (to the fullest extent permitted by law) for any damages that may result from the misuse of any information, including Personal Information, by these companies. Please see paragraph 11 for liabilities related to the transfer of Personal Data for EU and Swiss Residents.

You may also use certain third-party sites or services that you link to from Healthcom Media’s Site. In such cases, all information you provide to a third party is provided to that third party and not to Healthcom Media, and is subject to the third party’s privacy policy and terms of service. Please see the section below titled Links to Third-Party Sites for more information.

Healthcom Media may use your IP address and mobile device information to help diagnose problems with Healthcom Media’s service and to administer the Site. Your IP address and mobile device information may also be used to help identify you, your location, and your online profile and to gather broad demographic information (such as country of origin). Healthcom Media may maintain   (as permitted by applicable law) information collected from you pursuant to this Privacy Policy following any termination of your relationship with Healthcom Media. Healthcom Media may also delete such information as permitted by applicable law. If you provide credit, debit or other payment card and related details to us in order to make a payment, Healthcom Media will use such information only for the purpose of processing the payment. Healthcom Media may also aggregate your data with other data, for the purposes set forth above.

5. Contact and Resume Information

When you give Healthcom Media contact information (such as your name and email address) and demographic information, you agree that Healthcom Media may utilize this information as set forth herein. You agree that Healthcom Media may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your Healthcom Media account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that you may provide to Healthcom Media or that Healthcom Media may otherwise obtain from third-party resources. If and to the extent permitted by applicable law, Healthcom Media or its designated third-party partners may also use your contact information to (i) send you job alerts; (ii) create an account; and (iii) send you information about Healthcom Media, including promotional materials. A job alert is defined as an email sent to you that you sign up for containing Job Listings in response to a search query you have run (“Job Alert”). Job Alerts may also include jobs that Healthcom Media recommends for you, Healthcom Media Targeted Ads, companies you may be interested in following, or other actions you may want to take on the Site. Healthcom Media may use demographic and/or profile data to tailor your experience on the Site, show you content that Healthcom Media thinks you may be interested in, and display content according to your preferences. Your information, including Personal Information, gets placed on the Site when you upload or edit a resume. To the extent you upload a resume or edit it, and subject to your Privacy Settings, you are making the resume, your name and other Personal Information that you place on your resume available to third parties who may be interested in you as an employee (and who may forward your resume and Personal Information to other third parties), to Job Seekers who may want to contact you, to search engines, or to the general public by posting your Personal Information on the internet.

You acknowledge that Healthcom Media may determine whether the words of your resume or any other individuals’ resume match the words of certain job descriptions, and vice versa, in order to improve the Site or any other Healthcom Media product or service (including by displaying or otherwise making available potentially relevant job descriptions and resumes to job seekers and employers). If you post a public resume, this may be crawled by, and displayed through, search engines when someone searches for your name. This means that third parties can view the Personal Information contained in your resume and you may receive unsolicited contact from parties unaffiliated with Healthcom Media and for whom Healthcom Media has no responsibility. If you do not want your Personal Information posted on the Site, you should not upload it. You may opt out of this feature on a going forward basis by editing your Privacy Settings; however, Healthcom Media does not warrant how often third-party search engines will update their caches, which may continue to contain your resume information. Healthcom Media reserves the right to charge third parties a fee for accessing your information, including Personal Information, as part of Healthcom Media’s services. At your direction, Healthcom Media may also send your resume to third parties if you choose to apply for a job listing.

6. Additional Uses and Disclosures of Non-Personal Information

In addition to the other uses and disclosures of information set forth in this Privacy Policy, and notwithstanding anything in this Privacy Policy to the contrary, we may use and disclosure, for any purpose, any information that does not identify you as a specific individual (“Non-Personal Information”), except where we are required to do otherwise under applicable law. Such Non-Personal Information may include, for example and without limitation: MAC addresses and other device identifiers; IP addresses; pixel tags and similar technologiesphysical location information; and demographic information, including gender, dates of birth, ZIP codes, etc. Non-Personal Information may also include Personal Information that has been aggregated or deidentified. If we combine any Non-Personal Information with Personal Information (such as combining your ZIP code with your name), then we will only use and disclose such combined information for the purposes described in this Paragraph 6 and Paragraphs 4, 5 and 10 of this Privacy Policy while it is so combined. If we are required to treat Non-Personal Information as Personal Information under applicable law, then we may use and disclose it for all the purposes for which we use and disclose Personal Information.

7. Security

Healthcom Media seeks to use reasonable security measures to help protect against the loss, misuse and alteration of the Personal Information under Healthcom Media’s control. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. In addition, please note that emails, messages sent via your web browser, and other similar means of communication with other users, are not encrypted. We strongly advise you not to communicate any confidential or sensitive information through these means. Therefore, while we strive to protect your information, we cannot guarantee its security. Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be nonnegotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their system, or they have a general reputation for applying such measures. However, we will not be liable (to the fullest extent permitted by law) for any damages that may result from the misuse of any information, including Personal Information, by these companies. Please see paragraph 11 for liabilities pertaining to the transfer of personal data for EU and Swiss Residents.

8. Cookies

“Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. Please see our cookie policy for further information regarding Healthcom Media’s use of Cookies.

9. Links to Third-Party Sites

The Site may make available links to other websites. When you click on such links, you may leave our Site. The Site may also make available Company Pages, which may contain information provided by third-party Employers. WE ARE NOT RESPONSIBLE FOR THE INFORMATION COLLECTION, USE, DISCLOSURE OR OTHER PRIVACY PRACTICES OF ANY THIRD PARTY, INCLUDING OUR AFFILIATES, THIRD-PARTY SERVICE PROVIDERS, ANY EMPLOYERS (INCLUDING ANY EMPLOYER THAT PROVIDES A COMPANY PAGE), ANY THIRD-PARTY SOCIAL MEDIA PLATFORM, ANY THIRD PARTY MAKING AVAILABLE THE DEVICES OR OPERATING SYSTEMS FOR WHICH THE SITE IS AVAILABLE, AND ANY THIRD PARTY OPERATING ANY WEBSITE TO WHICH THE SITE CONTAINS A LINK. YOU MAY HAVE RIGHTS DIRECTLY ENFORCEABLE AGAINST THESE THIRD PARTIES SO YOU SHOULD CONSIDER THEIR PRIVACY POLICIES TO LEARN MORE.

10. Acquisitions and Other Reorganizations

Information collected pursuant to this Privacy Policy, including Personal Information, may be disclosed to one or more third parties in connection with any change of ownership or control in Healthcom Media’s business (whether by merger, sale, or otherwise), or any other reorganization or joint venture, or assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding), and any such information may be used by such third party in accordance with this Privacy Policy. Equally, information collected pursuant to this Privacy Policy, including Personal Information, may be disclosed to one or more third parties in connection with any acquisition or merger carried out by Healthcom Media of such third parties.

11. Personal Data for EU and Swiss Residents

The following section pertains to users who are located in the European Union and Switzerland. Healthcom Media, Inc. serves as a subprocessor of data for Healthcom Media Ireland. Healthcom Media, Inc. complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union member countries and Switzerland to the United States. Healthcom Media has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity, and Purpose Limitation, Access, Recourse, Enforcement and Liability. If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

In the context of an onward transfer of data to a third party, a Privacy Shield organization has responsibility for the processing of personal information it receives under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf. Healthcom Media shall remain liable under the Principles if its agent processes such personal information in a manner inconsistent with the Principles, unless Healthcom Media proves that it is not responsible for the event giving rise to the damage.

Residents of the European Economic Area and Switzerland have a right of access to their data. Job Seekers are able to access and update their resume data through the resume portion of Healthcom Media’s site. If you wish Healthcom Media to access and edit such data on your behalf, please send a certified letter to the above address with a copy of your passport or national identity card (for identity verification purposes) and the same will be provided to you. There may be a charge for such a request (which will not be higher than applicable law permits). European Economic Area and Switzerland residents also have a right, if their personal data is inaccurate, of rectification, erasure or blocking of such inaccurate personal data. You may edit your resume free of charge (if there is an inaccuracy or otherwise), by following procedures set forth on the Site. If your personal data is inaccurate, you may alternatively request Healthcom Media to rectify, erase or block the data by sending a certified letter, with a copy of your passport or national identity card (for identity verification purposes), to the above address with the exact nature of the requested action.

12. Do Not Track Requests

We do not respond to the browser “Do Not Track” (DNT) signal if enabled by the user in their web browser. When we set or read cookies on non-Healthcom Media sites that have integrated our job search and display features, we do so, for example, to provide a personalized job search experience to users on those sites. We do not share any information about your use of Healthcom Media with those third parties. When third parties that we have integrated into Healthcom Media sites (as described in the Healthcom Media Cookie Policy) set or read their own third-party cookies, they may or may not respond to the DNT signal.

13. Opting Out

If you no longer want to receive promotional materials from us based upon your Personal Information, going forward, you may opt out of receiving such marketing related messages by sending an email to opt-out @ Healthcom Media.com (remove spaces when sending email). Please note that we may still send other messages to you, such as administrative messages. We will try to comply with your request as soon as reasonably practicable.

14. Independent Dispute Resolution

In compliance with the US-EU and Swiss-US Privacy Shield Principles, Healthcom Media commits to resolve complaints about your privacy and our collection or use of your personal information. European Union and Swiss individuals with inquiries or complaints regarding this privacy policy should first contact Healthcom Media at: Healthcom Media Privacy Program, Director of Privacy, Healthcom Media, 1008 Western Ave. 5th Floor Seattle, WA, 98005 USA, or by emailing privacy-dept @ Healthcom Media.com (remove spaces when sending email).

Healthcom Media has further committed to refer unresolved privacy complaints under the EU-US and Swiss-US Privacy Shield Principles to the BBB EU PRIVACY SHIELD, a nonprofit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint.

There may be a possibility, under certain limited conditions, for EU and Swiss individuals to invoke binding arbitration before the Privacy Shield Panel.

15. General Inquiries and Complaints

You may contact Healthcom Media, Inc. at 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA, and you may contact Healthcom Media Ireland Operations Limited at 124 St. Stephen’s Green, Dublin 2, Ireland; or you may contact either company via our Site contact form.

Healthcom Media Terms of Service Introduction

When you access or use Healthcom Media’s online and/or mobile services and websites, including any Healthcom Media mobile application (collectively the “Healthcom Media Apps”) regardless of where it is downloaded from, and any software provided by or on behalf of Healthcom Media on or in connection with such services or websites (collectively, the “Site”), including, but not limited to, the Healthcom Media Ads Program, Healthcom Media Resume Program (otherwise referred to as the Healthcom Media CV Program in certain countries), Healthcom Media MoBolt, Healthcom Media Prime, Healthcom Media Targeted Ads, Healthcom Media Publisher Program, Healthcom Media Apply, or any other service, (a) you represent that you have read and understand the Cookies Policy and Privacy Policy; and (b) you are agreeing to the terms and conditions of these Terms of Service (the “Agreement”) with the following entity or entities:

  • Healthcom Media Brasil Pesquisa de Empregos ltda., Rua Fidêncio Ramos 302 – Torre B – 12º Andar, Vila Olímpia, São Paulo/SP – CEP: 04551-010, Brasil, solely with respect Employer (as defined below)’s use of the Healthcom Media Ads Program, and Healthcom Media Resume Program, if any, if and when you are in Brazil (“Healthcom Media Brazil”), and/or
  • Healthcom Media, Inc., 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA, if and when you are in the United States (“Healthcom Media, Inc.”), and/or
  • Healthcom Media India Operations (Pte.) Ltd., Ground Floor, Block C, Divyasree Omega Hitech City Road, Kondapur, Hyderabad TG 500054 IN, solely with respect to Employer’s use of the Healthcom Media Ads Program and Healthcom Media Resume Program, if any, if and when you are in India (“Healthcom Media India”), and/or
  • Healthcom Media Singapore Operations (Pte.) Ltd., 50 Collyer Quay #05-05, OUE Bayfront, Singapore 049321, solely with respect to Employer’s use of the Healthcom Media Ads Program and Healthcom Media Resume Program, if any, if and when you are in the Asia-Pacific Region* (unless you have an insertion order issued by another Healthcom Media entity, in which case you will contract with Healthcom Media Ireland) (“Healthcom Media Singapore”), and/or
  • Healthcom Media Ireland Operations Limited, 124 St. Stephen’s Green, Dublin 2, Ireland, in all other respects (“Healthcom Media Ireland”).

Any references to “Healthcom Media” or “we” in this Agreement shall mean the applicable entity as set forth above.

The Site is made available for use only by individuals searching for employment openings (“Job Seekers”), by individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties (“Employers”), and by individuals and/or organizations seeking to participate in the Healthcom Media Publisher Program (“Publishers”).  If you are accessing or using the Site in your capacity as an employee or other representative of an Employer or Publisher, you are agreeing to this Agreement on behalf of yourself and such Employer or Publisher, as applicable, and you represent and warrant that you have the authority to bind such Employer or Publisher, as applicable, to this Agreement.

We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legends in each section of the terms and conditions indicate when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.

This Agreement hereby incorporates by this reference any additional terms and conditions posted by Healthcom Media through the Site, or otherwise made available to you by Healthcom Media. In particular:

Healthcom Media General Terms of Service

Last Updated: March 21, 2017

A. The following terms and conditions apply to all Job Seekers, Employers, Publishers and other users who access or use the Site, or otherwise indicate their acceptance to this Agreement.

1. The Healthcom Media Services

Healthcom Media may make available certain job listings and other job-related contents, including links to third-party websites (such listings and other contents, (“Job Listings” or “Job Ads”), through Healthcom Media’s search results or otherwise through the Site. Job Listings are created and provided by third parties over whom Healthcom Media exercises no control; you acknowledge and understand that we have no control over Job Listings. Except for certain sponsored, featured or paid placements, the Job Listings contained on, or linked from, the Site are indexed or posted in an automated manner. Healthcom Media does not have any obligation to screen any Job Listing, or to include any Job Listing in its search results or other listings, and may exclude or remove any Job Listing from the Site for any or no reason. We cannot confirm the accuracy or completeness of any Job Listing or other information submitted by any employer or other user, including the identity of such employer or other user. Healthcom Media assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Listing. You agree that Healthcom Media may also provide search options to narrow down Job Listing search results by job type (i.e. full-time, part-time, etc.), and such job types are created independently and entirely by Healthcom Media, and are not a direct reflection of the actual Job Listing.

1(a) If you are a Job Seeker, any resume or application information that you submit through the Site is subject to this Agreement (including Section 4 below) and to Healthcom Media’s Privacy Policy. Without limiting the foregoing, however, please note that by creating a public Healthcom Media Resume through the Site, you are requesting and authorizing Healthcom Media to make available your resume to any Employer that Healthcom Media believes may have an interest in your resume. By creating or uploading an Healthcom Media Resume, Healthcom Media may contact you to share Job Listings with you that match the contents of your Healthcom Media Resume. In addition, when you indicate your interest in a Job Listing through Healthcom Media Apply (hereinafter, all references on the Site to “Apply Now”, “Easily Apply”, “Simple Apply”, “Apply from your phone”, “Apply with Healthcom Media” or any similar references are referred to as “Healthcom Media Apply”) you are requesting and authorizing Healthcom Media to reformat the job so that you may read it more clearly in your phone, you are sending your resume and application information to Healthcom Media, and you are requesting and authorizing Healthcom Media to make available such application information to the applicable Employer(s) for such Job Listing(s). When you ask Healthcom Media to transmit an application or a message to an Employer via Healthcom Media Apply or Healthcom Media’s relay system, you understand that this is without warranty. Healthcom Media also does not guarantee that any Employer will receive, access, read or respond to any such resume or application material, or that there will be no mistakes in the transmission of the data. However, Healthcom Media may alert you when any of the above events occur. In addition, by using Healthcom Media Apply, you agree that Healthcom Media is not responsible for the content of the Employer’s application form, messages, screener questions, testing assessments or their format and that Healthcom Media does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. By using Healthcom Media Apply and answering screener questions, you acknowledge that Employers may have instructed Healthcom Media to send out rejection notices if you have not answered the questions in a manner that the Employer so wishes, and you acknowledge that Healthcom Media has no discretion in the transmission of these rejections. When you apply to a job using the Healthcom Media Apply button, Healthcom Media will attempt to send your application to the contact information provided to us by an Employer or their Agent. We cannot vouch for the validity of such contact information provided to us. If you do not feel comfortable sending an application or messages in this manner, do not use the Healthcom Media Apply or Healthcom Media relay functions and please send your application or messages directly to the Employer by whatever other method you so choose. Additionally, you consent to your application and any responses sent to you by the Employer (including offer letters) through Healthcom Media being processed and analyzed by Healthcom Media according to this Agreement and Healthcom Media’s Privacy Policy. Healthcom Media shall store such information regardless of whether a job vacancy has been filled. Healthcom Media may use your application materials (including public resumes and responses to screener questions) to determine whether you may be interested in a Job Listing, and Healthcom Media may reach out to you about such Job Listing.  Healthcom Media does not guarantee the validity of a job offer and cautions Job Seekers to verify the validity of a job offer before taking an adverse action regarding their current employment situations.

1(b) If you are an Employer, when you create an Healthcom Media account, a Career Site or post a Job Listing on the Site, whether as part of the Healthcom Media Ads Program or otherwise, you agree that this Agreement and all of Healthcom Media’s policies, including the Healthcom Media Privacy Policy and Cookie Policy, apply to you and to the Job Seekers using such Career Sites or indicating an interest in such Job Listings.  Specifically, when you create an Healthcom Media account, Healthcom Media may require that you verify your identity through a third party service called NetVerify. By using NetVerify, you are submitting your identification documents for verification directly to NetVerify, you are agreeing to share your identification with NetVerify, and you agree that NetVerify is solely responsible for any use or loss of data. Healthcom Media may have access to your identification documents via NetVerify. You also agree that, as a service to Job Seekers, Healthcom Media may activate its Healthcom Media Apply relay function for use in connection with such Job Listing, and that any Job Seekers who wish to indicate an interest in such Job Listing may only do so through Healthcom Media Apply, and that Healthcom Media will send applications to the email address you provide us with. When you use the Healthcom Media Apply relay function, you acknowledge and agree that Healthcom Media may add certain functions into the email, which allows you to take actions regarding the Job Seeker including setting up an interview, viewing a resume and rejecting a candidate, and that you consent to Healthcom Media monitoring and analyzing these actions. When using the Healthcom Media Apply function, Healthcom Media will attempt to send applications to the contact information provided to Healthcom Media by you, the Employer. Healthcom Media has no ability to verify the contact information provided by You. In the event You provide incorrect contact information, it shall be your responsibility to correct, appropriately respond, or take any steps necessary to protect the privacy of such Job Seekers, and you indemnify Healthcom Media for any damages resulting therefrom. In addition, Healthcom Media may, on your behalf, send out reminder emails to Job Seekers you wish to interview. Healthcom Media may also send emails to Job Seekers on your behalf indicating that your Job Listing is potentially a match for the Job Seeker’s resume. Healthcom Media is not responsible for the content of your emails, application form, screener questions or their format, and Healthcom Media does not guarantee delivery, your receipt of the Job Seeker’s emails or application materials, or that there will be no mistakes in the transmission of the data. When you use screener questions, you may be given the option to instruct Healthcom Media to send out rejection notices if the Job Seeker has not answered the questions in the manner set forth in the online instruction. If you choose such option, you agree you are instructing us to send out rejection notices to such candidates and set them to rejected in your Employer dashboard. You further acknowledge that Healthcom Media has no discretion in the transmission of these rejections (which is purely mechanical), that transmission is not guaranteed, and that the Job Seeker may not have answered the screener questions accurately. You agree that Healthcom Media Apply is presented to you without warranty and Healthcom Media assumes no responsibility for the communications between you and the Job Seeker, which communications are yours’ and the Job Seekers’ sole responsibility. By using any automated phone screen product, you agree that you are requesting Healthcom Media to send a Job Seeker a telephone number, which the Job Seeker may call with the purpose of answering your telephone screening questions. You agree these questions are part of your application process, are solely determined by you, and are not being asked by Healthcom Media. You also agree that you are only asking Healthcom Media to record the Job Seeker’s answers to your screening questions and that Healthcom Media will forward you the recording of the answers to your questions. You consent to Healthcom Media listening to and analyzing the recording in accordance with Healthcom Media’s Privacy Policy. When you respond to or contact a Job Seeker who has used Healthcom Media Resume, or Healthcom Media Apply, you are providing information to Healthcom Media and requesting and authorizing us to make available such information to the applicable Job Seeker. Additionally, you consent to Job Seekers’ applications and any responses sent by you (including offer letters) through Healthcom Media being processed and analyzed by Healthcom Media according to this Agreement and Healthcom Media’s Privacy Policy. Healthcom Media shall store such information regardless of whether a job vacancy has been filled. You are responsible for the contents of any Career Sites that you create, any Job Listings that you post, and any messages that you send through Healthcom Media Apply or otherwise, including any questions for Job Seekers. You agree that Healthcom Media may reject or remove any Job Listing, any part of any Career Site, or any questions for Job Seekers for any or no reason. You shall indemnify, defend and hold harmless Healthcom Media, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Career Site created by you, or any Job Listing or screener questions (or answers thereto) posted by you, or any message sent by you (including any questions for Job Seekers contained in any of the foregoing). Healthcom Media may provide analytics data regarding your Employer account to anyone at your company at Healthcom Media’s discretion. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any Healthcom Media product, Healthcom Media reserves the right to suspend or terminate your use of that Healthcom Media product as well as any other Healthcom Media product, including but not limited to those Healthcom Media products where you do not have an unpaid invoice or account balance.

1(c) Regardless of whether you are an Employer or Job Seeker, when you send, store or receive materials (including Job Listings, resumes, and messages) through or using the Site, Healthcom Media may, for example, use such materials for data analysis, quality control, or to refine the Site or any other Healthcom Media product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When you send, store or receive materials through or using the Site, Healthcom Media may also inform a Job Seeker that an Employer has taken an action with regards to a Job Seeker’s application such as opening the application, viewing the application and making a decision with regards to the application, and you hereby consent to Healthcom Media taking such actions. Healthcom Media assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any job listing, career site, job solicitation, screener question, answer to screener question, resume information you post, send or receive through the Site. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact Healthcom Media to do so. Healthcom Media does not promise to correct any inaccuracy.

1(d) Regardless of whether you are an Employer or Job Seeker, Healthcom Media may use application materials (including resumes and responses to screener questions) to determine whether the words of any Job Seeker’s resume and answers to screener questions match the words of a Job Listing, and vice-versa. Regardless of whether you are an Employer or Job Seeker, you agree and consent that Healthcom Media may differentiate those matching resumes and screener questions from those that do not match, and presenting them to Employers as matches or not matches. Healthcom Media may also use such information in order to improve the Site or any other Healthcom Media product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers).

1(e) Regardless of whether you are an Employer or Job Seeker, Healthcom Media may provide certain categories of information to you for informational purposes only. For example, Healthcom Media may provide you with data regarding estimated salaries for a certain Job Listing, or about estimated applies to a Job Listing you may receive as an Employer.  These figures provided by Healthcom Media are estimates given for informational purposes only, and they are subject to change or varying levels of accuracy.  With respect to information regarding estimated applies, if you are an Employer participating in the Healthcom Media Ads Program, please note that this is not the information you are purchasing from Healthcom Media and you are not charged per apply. Healthcom Media may also include salary estimations on pages other than Job Listings on the Site. Please note that all salary figures are approximations based upon multiple third party submissions to Healthcom Media. These figures are given to Healthcom Media users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.

1(f) Regardless of whether you are an Employer or Job Seeker, Healthcom Media may provide certain types of career-related information on its Site in the Healthcom Media Career Guide. All information contained in the Healthcom Media Career Guide is for informational purposes only, and is in no way to be construed as professional career counseling. You understand that Healthcom Media may give suggestions or information regarding best-practices, however, you understand that it is ultimately your responsibility to determine how to pursue your job search or candidate search. You further understand that in providing the Healthcom Media Career Guide, Healthcom Media is not acting as a job placement agency or staffing firm. You also understand that by referring to the Healthcom Media Career Guide, you are not guaranteed job interviews, job placement or assurance of being hired, and you take full responsibility for use of these services.

1(g) Regardless of whether you are an Employer or Job Seeker, Healthcom Media may provide you an online questionnaire relating to your industry and/or your hiring or job searching needs. Healthcom Media may match a Job Seeker’s responses to such questionnaires to determine, on the basis of the Employer’s responses to a questionnaire about its industry and/or hiring needs, whether such Job Seeker would match the Employer’s hiring criteria as specified in the Employer’s questionnaire responses. In the event Healthcom Media determines that a Job Seeker matches the Employer’s hiring criteria, Healthcom Media may connect such matching Job Seeker and Employer by sending a note informing both parties of the match, including but not limited to sending an Employer a short description of a Job Seeker taken directly from the Job Seeker’s responses to the questionnaire. In all events you will know what data we are providing to either a Job Seeker or Employer, or upon which we relied to make the match, because you have actively submitted it. If the Employer and Job Seeker express interest in each other, you agree Healthcom Media may provide the Employer with an email address for the Job Seeker either provided by Healthcom Media or the Job Seeker and, if you are a Job Seeker, you consent to this. Regardless of whether you are an Employer or Job Seeker, by submitting the completed questionnaire, you agree and consent to Healthcom Media (i) conducting such matching, utilizing only material you have submitted through the questionnaire process, (ii) presenting matching Job Seekers to Employers, and vice versa and (iii) storing and analyzing such data submitted in response to such online questionnaires.

1(h) If you are a Job Seeker, you take a variety of actions on our Site. For example, you search for jobs, and Healthcom Media knows and stores the titles of jobs you search for, where those jobs are located, any information, including salary interest or experience of which you have informed Healthcom Media, or the general salary range or experience level of the jobs you view (if indicated on the Job Listings), the Job Listings you apply to or any of your other behavior on the Healthcom Media site, when you use Healthcom Media. You know exactly what this data is because you are the person who undertook the activity and the data pertains only to your activity. If you have an Healthcom Media account or an Healthcom Media-hosted resume, you agree that Healthcom Media may use this observed factual data to suggest jobs to you and to suggest you or your public resume to Employers that might be interested in a person who matches your behavior on Healthcom Media. You also agree that Healthcom Media may contact you based on this observed behavior. However, please note, although information may be sent to you by a third party through the Healthcom Media system, the aforementioned behavior does not include information relayed to you.

1(i) If you are a Job Seeker located in India, please note that Healthcom Media may automatically send you recommended jobs via the email address you use to create an Healthcom Media account or apply to a job. Healthcom Media may determine what these recommended jobs are on the basis of a variety of factors, including but not limited to, any information you input on the Site about yourself, searches you run on the Site, jobs you click on, jobs you apply to, or the materials you provide in a job application to an Employer through Healthcom Media.

1(j) The Healthcom Media Express Plan is governed by the terms and conditions found in the Healthcom Media Ads Program terms below, with the exception of any billing terms contained in Section 5. Payment. If you have chosen to activate the Healthcom Media Express Plan, please note that you will only be charged the amount listed on the Express Plan page in the Post a Job funnel on the Site (“Express Plan Page”) if you receive the number of qualified applicants described on the Express Plan Page, in the amount of time listed on the Express Plan Page. A Qualified Applicant is defined as an applicant whose answers to the application questions you configure meet your defined requirements. In order to activate this plan, you must configure at least one application question. Once you have activated an Express Plan, you may pause or cancel your job at any time. Once you have received the number of Qualified Applicants listed on the Express Plan Page, your job will be automatically paused. After the amount of time listed on the Express Plan Page has passed, if you reactivate your job, it will be governed by the entirety of the Healthcom Media Ads Program terms.

2. External Sites

The Site contains links to other sites on the Internet which are owned and/or operated by third-party vendors and other third parties (the “External Sites”). You acknowledge that Healthcom Media is not responsible or liable for any such third parties or for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for the applicable External Site if you have any concerns regarding such links or the materials located on an External Site.

In addition, Healthcom Media may provide you with links to certain third party sites that offer you services for your use or benefit. We may stop offering any such third party sites or services at any time. If you choose to use such third party sites or services, you enter into an agreement with such third party alone at your own risk. When entering into an agreement with such parties, you are giving them your data directly and your rights and their obligations are determined by their privacy policies and terms of service. We are not responsible for any content or services provided these third parties, and disclaim all liability from anything that may occur when you utilize such third parties. We are additionally not responsible for any payment that may be asked of you by such third party. You will be notified on the site that these are third party sites and services, and not Healthcom Media.

For example, Healthcom Media may provide Employers with access to a third party site Interviewed.com, which allows Employers to send Job Seekers certain skills assessment tests. Healthcom Media does not review these skills assessment tests, and any Employer’s use of them and Interviewed.com is solely at its own risk. Additionally, Healthcom Media does not grade the results of the skills assessment tests. However, an Employer may choose to store the results of a Job Seeker’s skills assessment test on Healthcom Media. Healthcom Media reserves the right to remove access to Interviewed.com for any Employer who, in Healthcom Media’s sole discretion, abuses the third party service. Any Employer who uses this product shall indemnify Healthcom Media for any and all claims arising out of its use of Interviewed.com.

3. Use of Site

Healthcom Media’s Site is for your non-commercial use only. If you wish to make commercial use of the Site, or if you wish to purchase Healthcom Media services that utilize the Site, you must have a prior written agreement with Healthcom Media to do so, or have accepted Healthcom Media’s online terms of service. Please contact us for more information. We reserve the right at all times (but will not have any obligation) to terminate users, and reclaim usernames or URLs, for any reason.

4. User Content

Some parts of the Site, such as message boards and forums, may allow users to post Job Listings, resumes, information, text, images, audio, video, messages, and other materials (any such materials that a user submits, posts, displays, or otherwise makes available on or through the Site is referred to herein as “User Content”). Such functionality is designed to help users obtain career and company information, facilitate communication, discuss ways to make career decisions, and to let users know of jobs. User Content is provided by third-party contributors, many of whom may use anonymous screen names. User Content may be inaccurate, incomplete, misleading or deceptive. For example, the Site hosts Company Pages, which allow User Content to be posted by individuals that may not be affiliated with the Company who owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. Healthcom Media does not endorse and is not responsible for any User Content, including any opinion, advice, information, or statement contained therein. You acknowledge that by accessing the Site, you may come into contact with content (including User Content) that you find harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and you acknowledge that Healthcom Media shall have no liability with respect to such content.

You must not post any User Content that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding.

You are prohibited from posting any User Content containing official identification information (whether your own or of another person), such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information may lead to identity theft and other adverse consequences. Healthcom Media may remove any such identification information, but does not undertake any obligation to do so, and has no responsibility and disclaims all liability for any posting of such identification information. Healthcom Media reserves the right to change the display of resume on its Site, including, but not limited to, hiding fields, rearranging its format, and changing visual elements.

Although Healthcom Media has no obligation to do so, Healthcom Media may monitor User Content, and reserves the right to delete any User Content or portion thereof that, in Healthcom Media’s sole discretion, violates the above rules, including any User Content that is unrelated to the specific portion of the Site on which it is posted, or that is an advertisement, recruiting or other commercial message, or that Healthcom Media deems in its sole discretion to be inappropriate. If you believe that any User Content violates this Agreement or our policies, please contact Healthcom Media immediately so that we may have the opportunity to consider its removal. For clarity, Healthcom Media does not have any obligation to remove any User Content, and the interpretation of whether any User Content violates any Healthcom Media policy will always remain within the sole discretion of Healthcom Media.

Healthcom Media reserves the right to disclose all User Content and other relevant information, and the circumstances surrounding their transmission, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that Healthcom Media may honor subpoenas, search warrants, law enforcement or court-mandated requests to reveal a user’s electronic address and identity, or other properly requested information. As an Employer, when you post a Job Listing on Healthcom Media that you choose to list as confidential, your identity may be discoverable by request from the government or law enforcement.

Without limiting the generality of the foregoing, Healthcom Media reserves the right (but is under no obligation) to remove any Job Listing that directly or indirectly discriminates against Job Seekers. Direct discrimination means, for example, that a Job Listing specifically makes clear that only Job Seekers matching a certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Job Listing implicitly excludes certain classes of Job Seekers by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Listing that directly or indirectly discriminate against Job Seekers or otherwise violate applicable law.

Please note: Section 230 of the U.S. Communications Decency Act provides that:

(1) Treatment of publisher or speaker

No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

(2) Civil liability

No provider or user of an interactive computer service shall be held liable on account of-

(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or

(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).

5. License to User Content and Feedback

Only to the extent permitted by law, if you post content or submit material to Healthcom Media, including photographs or material you submit for a job solicitation hosted on Healthcom Media, you grant Healthcom Media a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for the purpose of publishing material on the Healthcom Media website or its publisher partners, maintaining the Healthcom Media website and promoting Healthcom Media without restriction. Furthermore, you grant to Healthcom Media, its affiliates, and sublicensees the license to use your name, user name, and/or trademarks and logos in connection with any such User Content or Healthcom Media marketing materials, or actions by Healthcom Media to promote or publicize such User Content (e.g. Job Listings) including the use of keywords in third-party internet search engines. Notwithstanding the foregoing, to the extent any Employer(s) submits photographs to Healthcom Media for association with a particular Job Listing, Healthcom Media shall not post such content anywhere other than the Employer(s)’s Job Listing.

You represent and warrant that: (i) you own the User Content that you submit, post, display, or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth in this section, (ii) such User Content, and its submission, posting, display or availability on or through the Site does not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the Site does not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless Healthcom Media and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section for any such User Content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (a) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (b) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow Healthcom Media to locate and remove such User Content on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content. There may be a charge for answering and executing such a request; please contact Healthcom Media for more details.

At your discretion, you may provide feedback and related materials to Healthcom Media concerning the functionality and performance of the Site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, provide any Feedback, you hereby grant to Healthcom Media a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. You agree that Healthcom Media may disclose any or all Feedback to any third party in any manner, and you agree that Healthcom Media may sublicense any or all Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and will not place Healthcom Media under any fiduciary, confidentiality or other obligation, and that we are free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any Feedback, Healthcom Media does not waive any rights to use similar or related ideas previously known to Healthcom Media, or developed by its employees, or obtained from sources other than you.

6. Site Rules

You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by Healthcom Media, unless you have been specifically allowed to do so in a separate, written agreement with Healthcom Media. You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site). Unless you have been specifically permitted to do so in a separate, written agreement with Healthcom Media, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. You agree that you are solely responsible for (and that Healthcom Media has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which Healthcom Media may suffer) of any such breach.

You agree that you shall not transmit to Healthcom Media or upload to or through the Site (whether as User Content or otherwise) any Harmful Code, or use or misappropriate the Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not:

  • Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:
    • sending messages in violation of the CAN-SPAM Act under U.S. law or any other applicable anti-spam law;
    • imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
    • data mining any Healthcom Media property;
    • sending messages to users who have asked not to be contacted;
    • selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure; and
    • using Healthcom Media Resume contacts in violation of Healthcom Media policy, as determined by Healthcom Media, including, for example, as indicated by low response rates from those persons contacted.
  • Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same. Healthcom Media may block the transmission of such content.
  • Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature.
  • Conduct or forward pyramid schemes or similar programs.
  • Transmit content that may be harmful to minors.
  • Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email.
  • Transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission. Users who repeatedly post intellectual property owned by others will be banned from Healthcom Media.
  • Violate the legal rights (such as rights of privacy and publicity) of others.
  • Promote or encourage illegal activity.
  • Interfere with other Healthcom Media users’ enjoyment of the Site.
  • Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses.
  • Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose, or transfer, any Healthcom Media account.
  • Modify, adapt, translate, or reverse engineer any portion of the Site.
  • Remove any copyright, trademark or other proprietary rights notices contained in or on the Site.
  • Reformat or frame any portion of the web pages that are part of the Site without Healthcom Media’s explicit written permission.
  • Contact other Healthcom Media users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics Healthcom Media considers detrimental to its users.
  • Create multiple Healthcom Media accounts without permission.
  • Create multiple Healthcom Media accounts not under your corporate or company name, in order to attempt to achieve higher visibility in the free-to-post system.
  • Bypass any limitations or suspensions of functionality.
  • Provide false information.
  • Scrape the Healthcom Media Resume database

Healthcom Media reserves the right to use any User Content (including the content of messages or material sent through or to the Site or Healthcom Media) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. Healthcom Media reserves the right to use a variety of methods to detect and block the above anomalous activity and to screen User Content to prevent abuse such as spam or fraud. If you use the Site, you consent to Healthcom Media enforcing these rules, which may result in a temporary or permanent suspension or termination of your account or use of certain functions of the Site, including but not limited to the email relay function, for some users, with or without notice, and Healthcom Media shall not be responsible or liable for any such suspension or termination, including any consequences thereof. Healthcom Media reserves the right to drop any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment for any or no reason.

7. Registration; Contact Information

Some areas of the Site, including areas that may permit you to set up an Healthcom Media account, require you to register or provide an email address. If you so register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password, and not transfer or resell your use of or access to the Site to any third party. Please note, that any individuals with whom you have shared your username and password, and are able to answer verification questions about your Healthcom Media account, may receive access to information regarding your Healthcom Media account. Healthcom Media is not responsible and disclaims all liability if your email is used improperly or falsely by a third party. In some instances, multiple users may be linked to the same account (“a Linked Account”). By registering for an Healthcom Media account, you agree to receive mandatory email updates regarding anomalous activity to your Healthcom Media account. If you attempt to send an email from a name or email address that is not true, accurate, current or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms. A Linked Account is created when the primary account owner of an Employer account invites other users to the same account. When using a Linked Account, all users within the same Linked Account have access to the communications and actions of all other users within the Linked Account, and you consent to such access.

We reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames or URLs.

You agree that Healthcom Media may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your Healthcom Media account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that you may provide to Healthcom Media or that Healthcom Media may otherwise obtain from third-party sources. By providing Healthcom Media with a mobile phone number, you expressly consent to receiving communication via such mobile number.

8. Disclaimer of Warranties

Healthcom Media disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the Healthcom Media search results (including Jobs Listings) or otherwise made available on the Site by Healthcom Media or third parties (including User Content), regardless of whether paid for or used for free. Healthcom Media disclaims any responsibility or liability for the accuracy, content, completeness or reliability of information provided by Healthcom Media for informational purposes only, including but not limited to, Healthcom Media Analytics data like estimated applies or organic traffic, and salary information. You acknowledge you are not paying Healthcom Media for the aforementioned information. Healthcom Media disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails or material (including User Content). Healthcom Media further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall Healthcom Media be liable to you or any third party on account of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall Healthcom Media be liable to you or any third party on account of your use or misuse of or reliance on any third party site or service you link to from Healthcom Media’s Site.

Healthcom Media further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery, account login, or any other Services provided by Healthcom Media as a result of technical problems or traffic congestion on the Internet or any third party website or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any Content in connection with the Site or Services.  Under no circumstances will Healthcom Media be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site, Services, User Content, or third party applications, websites, software or content posted on or through the Site or transmitted to users or any interactions between users of the Site or Services, whether online or offline.

THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, CAREER GUIDE, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. Healthcom Media AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Healthcom Media AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE. Healthcom Media AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY Healthcom Media.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.

9. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL Healthcom Media OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF Healthcom Media OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF Healthcom Media AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID Healthcom Media TO USE THE SITE.

Without limiting the foregoing, under no circumstances shall Healthcom Media or its affiliates, or its or their third-party licensors, be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its or their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

10. Claims of Infringement

U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Healthcom Media infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Healthcom Media to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Healthcom Media a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent in writing to Healthcom Media Copyright Notice, 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA (copyright @ Healthcom Media.com) (remove spaces when sending email). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.

Other Claims of Infringement. For claims of infringement that do not involve a U.S. copyright, please contact us via our Site contact form.

11. Governing Law and Dispute Resolution

If you are a Job Seeker: this Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of Texas, United States of America, if you are located in the United States, or the laws of Republic of Ireland, if you are located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Travis County, Texas, U.S.A., if you are located in the United States, or Dublin, Ireland, if you are located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Travis County, Texas, U.S.A, if you are located in the United States of America, or Dublin, Ireland, if you are located elsewhere.

As of July 1, 2017, the following clause will go into effect: [You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.]

If you are an Employer: this Agreement and any Dispute arising out of or in connection with this Agreement will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of Federative Republic of Brazil, if you are located in Brazil; the laws of the Republic of India, if you are located in India; the laws of the State of Texas, if you are located in the United States; the laws of the Republic of Singapore, if you are located in the Asia-Pacific Region*; or the laws of the Republic of Ireland, if you are located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in: São Paulo, state of São Paulo, Brazil if you are located in Brazil; Bangalore, state of Karnataka, India if you are located in India; Travis County, Texas, U.S.A., if you are located in the United States; The Republic of Singapore, if you are located in the Asia-Pacific Region*; or Dublin, Ireland, if you are located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the courts located in: São Paulo, state of São Paulo, Brazil if you are located in Brazil; Bangalore, state of Karnataka, India if you are located in India; Travis County, Texas, U.S.A., if you are located in the United States; The Republic of Singapore, if you are located in the Asia-Pacific Region*; or Dublin, Ireland, if you are located elsewhere.

12. Class Action Waiver

By using the Site and in return for the services offered by Healthcom Media, you acknowledge that Healthcom Media can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you (either an Employer or Job Seeker) agree not to sue Healthcom Media as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Healthcom Media regarding your use of the Site. Additionally, as a Job Seeker, your use of the Site is at no charge and you acknowledge that part of the price you are paying to use this Site is your acceptance of these terms of service including this Class Action Waiver. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to section 11 above.

13. Filtering

We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://www.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Company does not endorse any of the products or services listed on such sites.

14. Information or Complaints

If you have a question or complaint regarding the Site, please use our Healthcom Media Help Center. When you use the Healthcom Media Help Center, you are accessing a third party site Zendesk and consent to receiving cookies from Zendesk, as set forth in their cookie policy. Please note that communications within Zendesk will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

15. Miscellaneous

This Agreement (including the Healthcom Media Ads Program Terms, Healthcom Media Resume Program Terms, Healthcom Media Mobolt Terms, Healthcom Media Prime Terms and Healthcom Media Targeted Ads Terms incorporated herein, if applicable to you) constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. In the event of any irreconcilable conflict between this Agreement and the Healthcom Media Ads Program Terms, Healthcom Media Resume Program Terms, Healthcom Media Mobolt Terms, Healthcom Media Prime Terms and Healthcom Media Targeted Ads Terms (if applicable to you), the Healthcom Media Ads Program Terms, Healthcom Media Resume Program Terms, Healthcom Media Mobolt Terms, Healthcom Media Prime Terms and Healthcom Media Targeted Ads Terms will govern with respect to the Healthcom Media Ads Program, Healthcom Media Resume Program, Healthcom Media Mobolt, Healthcom Media Prime and Healthcom Media Targeted Ads, respectively, and the Agreement will otherwise govern. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Healthcom Media. This Agreement, together with any amendments and any additional agreements you may enter into with Healthcom Media in connection with the Site, shall constitute the entire agreement between you and Healthcom Media concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You agree that this Agreement cannot be altered, amended, modified or overridden, except by a document signed by an authorized representative of each party. For the avoidance of doubt, email or phone communication between you and an Healthcom Media employee shall not constitute an amendment or alteration of this Agreement.

By accessing or using the Site, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users. The materials on the Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Healthcom Media’s proprietary rights in them.

You understand and acknowledge that Healthcom Media or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. Healthcom Media reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site, other than your User Content. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.

Change of Address: If you have provided a billing address to us, and you change such billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be bound by this Agreement with the same Healthcom Media party for the remainder of the calendar month in which you made the change. Beginning on the first day of the next calendar month, you hereby agree that you will be bound by this Agreement with the applicable Healthcom Media party identified in the first paragraph of this Agreement with respect to such new territory.

Any notices to Healthcom Media must be sent to the applicable Healthcom Media entity identified in the first paragraph of this Agreement via certified first class or air mail or overnight courier, are deemed given upon receipt, and must reference the Program that is the subject of the notice (i.e., Healthcom Media Ads Program, Healthcom Media Resume Program, Healthcom Media MoBolt or Healthcom Media Publisher Program). Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages in your Healthcom Media Ads interface).

You may not assign or delegate any of your rights or obligations hereunder without Healthcom Media’s prior written consent and any such attempt is void. Healthcom Media may freely assign or delegate its rights and obligations hereunder without notice to you. Additionally, Healthcom Media may assign any agreement between you and Healthcom Media to any related Healthcom Media entity by informing you of such assignment. Healthcom Media and you are not legal partners or agents, but are independent contractors.

16. Apple-Specific Terms

In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any mobile application version of the Site compatible with the iOS operating system of Apple Inc. (“Apple”, and such mobile application, the “App”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Healthcom Media in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Healthcom Media’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.

17. The Healthcom Media Apps

By using any of the Healthcom Media Apps, including but not limited to the Healthcom Media Job Search, Healthcom Media Resume Search, Healthcom Media Employer, Healthcom Media Job Spotter or others, you agree that all of the terms and conditions found herein apply to your use of the Healthcom Media App.  Additionally, you agree that the Healthcom Media App may send you push notifications, if you turn on receipt of notifications and/or sign up to receive notifications.  By downloading and using the Healthcom Media App, you are asking Healthcom Media to make formatting changes to any Job Listings as they appear on your phone, in order to enable you to utilize your Healthcom Media Resume.  You further acknowledge that your use of the Healthcom Media Apps may require use of your data plan from your cellular provider.  You are responsible for payment of all data usage accrued based on your use of the Healthcom Media App, and Healthcom Media disclaims all responsibility for such data usage. In addition, if you allow Healthcom Media Apps to utilize location services, the Healthcom Media Apps may suggest to you and collect from you certain information based on your geographic location.

18. Use of Site by Minors

The Site is not directed to individuals under the age of fourteen (14), but if you are under the age of 18 or the age of majority in your jurisdiction, you must use Healthcom Media under the supervision of a parent or legal guardian, or responsible adult.

B. Healthcom Media Resume/CV Program Terms

These Healthcom Media Resume Program Terms or Healthcom Media CV Program Terms (collectively, “IRP Terms”) form a part of, and are incorporated into, the Healthcom Media Terms of Service (the “Agreement”), and apply to any Employer that accesses or uses the Healthcom Media Resume Program, or that otherwise indicates its acceptance of these Healthcom Media Resume Program Terms.

Any capitalized terms that are used but not defined in these IRP Terms have the meaning set forth in the Agreement.

1. The Program

Use of the Healthcom Media Resume Program (“Program”) by an individual who posts his or her resume on the Site (hereinafter, “Resume Owner”) or Employer on or through the Site is subject to all applicable Healthcom Media best-practice guidelines, policies and other terms and conditions made available to you, including through the Site, which may be modified at any time. You shall not use any information obtained from the Site except for internal use in selecting and contacting Resume Owners, through Healthcom Media, for purposes of filling your Job Listings. You are expressly forbidden from using any product or system intended to extract the information from a Resume, in order to circumvent the Resume contact system. Use of such system will result in your immediate termination from the Program. In addition, as a feature of the IRP, Healthcom Media may send emails to Job Seekers on your behalf indicating that your Job Listing is potentially a match for the Job Seeker’s resume.

IMPORTANT NOTICE : YOU EXPRESSLY AGREE THAT: in purchasing or obtaining access to the Program, you agree to pay to Healthcom Media the amount indicated on the Site so that Healthcom Media will facilitate your sending of a message, indicating your interest, to the email address that the relevant resume submitter has provided to Healthcom Media. Healthcom Media does not guarantee that the email address is still in use, that such message will be received, that such message will be read, that such message will be acted upon by any potential Resume Owner, or that any Resume Owner’s resume is valid, accurate or complete in any respect. In addition, in accord with the Agreement, you expressly agree that Healthcom Media does not allow its Resume Contact service to be used in a spam like manner, which Healthcom Media defines as sending requests for job positions to persons who are, as indicated by Healthcom Media experience and Resume Owner behavior and reaction, unsuited for the role. Healthcom Media reserves the right to disable Healthcom Media Resume contact service for any user who, in Healthcom Media’s sole discretion, violates these IRP Terms, including the foregoing term. We reserve the right to drop any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment for any or no reason. The only acceptable use of the IRP is for you to contact a Resume Owner through Healthcom Media regarding a Job Listing or potential employment. No other uses of the IRP are permitted. Scraping the Healthcom Media Resume database or using the Healthcom Media Resume database for any other purpose except as allowed will result in legal action being taken against you.

In the event phone numbers are provided by the Job Seeker in the resume, Healthcom Media does not guarantee their validity and can not confirm whether such numbers are landlines or cell phones. You agree to call Job Seekers regarding relevant job opportunities only. It is your sole responsibility to comply with all TCPA guidelines, including laws against automated telephone dialing systems.

2. Cancellation

Once you have requested that Healthcom Media contact a Resume Owner, you may not revoke such request.

3. Your Information

You represent and warrant that all information you provide to Healthcom Media is correct and current. You represent to Healthcom Media that you are an Employer interested in considering the Resume Owner as a potential employee.

4. Disclaimer and Limitation of Liability

Healthcom Media’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, Healthcom Media AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY EMAIL ADDRESS THAT HAS BEEN PROVIDED TO Healthcom Media IS VALID, THAT ANY EMAIL SENT BY Healthcom Media AT YOUR REQUEST WILL REACH THE INTENDED RECIPIENT, THAT ANY INTENDED RECIPIENT OF ANY SUCH EMAIL WILL READ SUCH EMAIL, OR THAT ANY SUCH INTENDED RECIPIENT WILL ACT UPON SUCH EMAIL. Healthcom Media AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE.

EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IRP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IRP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO Healthcom Media BY YOU FOR THE Healthcom Media RESUME SERVICE GIVING RISE TO THE CLAIM.

5. Payment

You shall be charged if, and as, indicated by the Site. If your billing address is in the United States, you shall pay all charges in US Dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese and US Dollars. If your billing address is anywhere else, you may pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. Charges are exclusive of taxes, including VAT. You will be charged all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Healthcom Media incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all Healthcom Media products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Refunds (if any) are at the absolute discretion of Healthcom Media and only in the form of credit for Healthcom Media services. You acknowledge and agree that any credit card and related billing and payment information that you provide to Healthcom Media may be shared by Healthcom Media with companies who work on Healthcom Media’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Healthcom Media and servicing your account. Healthcom Media may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Healthcom Media shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and Healthcom Media shall have no liability whatsoever therefor. Invoices may be provided to you via electronic mail.

6. Indemnification

You shall indemnify, defend and hold harmless Healthcom Media, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any contact you have with the recipient (or intended recipient), any email you request to be sent pursuant to these IRP Terms, or any phone call or text message you make to a recipient.

C. Healthcom Media Ads Program Terms

These Healthcom Media Ads Program Terms (“IAP Terms”) form a part of, and are incorporated into, the Healthcom Media Terms of Service (the “Agreement”), and apply to any Employer who accesses or uses the Healthcom Media Ads Program, or who otherwise indicates its acceptance of these Healthcom Media Ads Program Terms.

Any capitalized terms that are used but not defined in these IAP Terms have the meaning set forth in the Agreement.

1. The Program

Use of the Healthcom Media Ads Program (“Program”) on or through the Site is subject to all applicable Healthcom Media terms and policies, including without limitation the Healthcom Media Privacy Policy (http://www.Healthcom Media.com/legal#privacy) and those instructions provided on the Website, if you are using the Ads Program, through our on-line forms. Healthcom Media policies may be modified at any time. With regards to any job advertisements posted on Healthcom Media, either for payment or posted for free and including jobs provided to Healthcom Media via an XML feed (“Job Listings” or “Job Ads”), you agree that you are solely responsible for all: (a) ad or job content (including Job Listings and screener questions) and target URLs (“Creative”), including but not limited to photograph(s) you provide to Healthcom Media, whether generated by or for you; and (b) websites proximately reachable from Creative URLs and your services and products (collectively “Your Services”). You shall protect your passwords and take full responsibility for your own, and third party, use of your accounts. Job Ads may be placed on (y) any content or property provided by Healthcom Media (“Healthcom Media Property”), and (z) any other content or property provided by a third party (“Partner”) upon which Healthcom Media places Job Ads or provides search results of Job Listings (“Partner Property”). Distribution within Healthcom Media’s Partner Properties does not guarantee performance or placement of Job Ads, and distribution may vary depending on demand, industry, sponsorship, and other considerations. You shall direct only to Healthcom Media any communications regarding Job Ads on Partner Properties. By posting a Job Ad, including by XML feed, on Healthcom Media: (i) you authorize Healthcom Media to reformat and host the Job Ad to be effectively displayed on a mobile device and (ii) you authorize Healthcom Media to reformat and host the Job Ad on an Healthcom Media hosted page so it can be displayed more effectively on Healthcom Media or its publisher network. All dashboards will reflect the total click count, including the clicks on the Healthcom Media reformatted and hosted page. In the event you provide Healthcom Media with an End Date beyond which your Job Ad shall not run, thirty days before such End Date Healthcom Media may add a label (such as “Urgent”, “Urgently Hiring” or similar) next to the word “Sponsored” on the search results page where your Job Ad is displayed. Healthcom Media may use words or phrases interchangeably (for example, “Ad”, “Urgently Hiring”, “Sponsored”, “Urgent” or similar) to constitute an advertisement on Healthcom Media. Job Ads posted directly on Healthcom Media may no longer appear on the Site after a certain period of time; in some cases, these Job Ads may need to be sponsored in order to remain visible or become visible again. However, Job Ads indexed by Healthcom Media will expire after a certain period of time and Healthcom Media is unable to restore their visibility. Healthcom Media may offer certain Employers who sponsor Job Ads the opportunity to be displayed more prominently on the Site (“Featured Employer”). Featured Employer is awarded at Healthcom Media’s sole discretion. The ability to receive Featured Employer, generally, is a function of both the number of open jobs at your company and how much you spend. The Featured Employer program may be changed or removed by Healthcom Media at any time, at Healthcom Media’s sole discretion. When you post a Job Ad directly on Healthcom Media, Healthcom Media may automatically generate for you a Company Page. You authorize Healthcom Media to claim such Company Page for you on your behalf, which will be marked as a “Claimed Profile” and allows you to edit and add information to the Company Page. Company Pages allow User Content to be posted by individuals that may not be affiliated with the Company who owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. Additionally, Healthcom Media may include all of your Job Ads posted on the Site on your Company Page, including but not limited to those posted directly on Healthcom Media as well as those indexed by Healthcom Media.

2. Cancellation

Unless otherwise stated in an Insertion Order or other agreement to advertise with Healthcom Media, you may independently cancel online any advertisement at any time (such cancellation is generally effective within 24 hours). Healthcom Media may immediately cancel the Program or these IAP Terms at any time upon notice. Healthcom Media may modify the Program or these IAP Terms at any time without liability and your use of the Program after notice that these IAP Terms have changed indicates acceptance of the updated IAP Terms. Sections 1, 3, 4, 5 and 6 will survive any expiration or termination of these IAP Terms.

3. Prohibited Uses

You shall not, and shall not authorize any party to: (a) generate automated, fraudulent or otherwise invalid impressions or clicks; or (b) advertise anything illegal or engage in any illegal or fraudulent business practice in any state or country where your advertisement is displayed. You represent and warrant that (x) all your information is correct and current; (y) you hold and grant Healthcom Media and Partners all rights to copy, distribute and display Creative (“Use”); and (z) such Use and websites linked from your Jobs Ads (including Your Services therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these IAP Terms or your account without notice, and may subject you to legal penalties and consequences. Healthcom Media or Partners may reject or remove any Job Ad, and Healthcom Media may disable any Employer’s account, for any or no reason without notice. For examples of why Healthcom Media may reject such Job Ads from Employers, refer to the Job Posting Guidelines. Healthcom Media may require certain Job Ads to be sponsored in order to verify the legitimacy of the Job Ad and/or the Employer, and to prevent abuse of the free to post system. This may include limiting the number of Job Ads you are allowed to post at a given time without sponsoring, in Healthcom Media’s sole discretion. This requirement may be made in Healthcom Media’s sole discretion. For example, we may require you to sponsor the following types of Job Ads: identical jobs posted in multiple locations, jobs posted with a confidential or generic company name, jobs that are commission only, and any other jobs as determined by Healthcom Media. Additionally, Healthcom Media may choose not to accept an employer’s XML feed or any Job Ads in an XML feed for any or no reason. If you are a job board, Healthcom Media reserves the right to include or reject any or all of your Job Ads. For examples of why Healthcom Media may stop accepting such Job Ads from job boards, refer to the Job Board Inclusion Guidelines. As a job board, you may only post Job Ads on the Site for your own company; you may not post Job Ads on the Site for your clients and if you do or attempt to do so, Healthcom Media reserves the right to disable your account. You acknowledge that inclusion of jobs in violation of these guidelines on the Healthcom Media Site may harm Healthcom Media and its users. When you create an Healthcom Media account, Healthcom Media may require that you verify your identity through a third party service called NetVerify. By using NetVerify, you are submitting your identification documents for verification directly to NetVerify, you are agreeing to share your identification with NetVerify, and you agree that NetVerify is solely responsible for any use or loss of data. Healthcom Media may have access to your identification documents via NetVerify.

4. Disclaimer and Limitation of Liability

Healthcom Media’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, Healthcom Media AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. Healthcom Media and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning or the levels or timing of: (i) costs per click, (ii) click through rates, (iii) delivery of any impressions on any Partner Property or Healthcom Media Property or sections of such properties, (iv) clicks, (v) conversions for any Creative, or (vi) interest in your Job Listing. A CLICK ON YOUR JOB LISTING DOES NOT GUARANTEE INTEREST IN SUCH JOB LISTING. EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IAP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IAP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO Healthcom Media BY YOU FOR THE JOB ADS GIVING RISE TO THE CLAIM.

5. Payment

You shall be charged based on click count, regardless of whether you set a total budget. If you are located in the United States, you shall pay all charges in US dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen, and US Dollars. If your billing address is anywhere else, you may pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. Charges are exclusive of all taxes, including VAT. You will be charged all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Healthcom Media incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all Healthcom Media products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Healthcom Media’s click measurements. Healthcom Media’s determination of click count shall be binding. Refunds (if any) are at the absolute discretion of Healthcom Media and only in the form of advertising credit for Healthcom Media Property. If you are removed from Healthcom Media, but have previously spent on Healthcom Media, you are not entitled to a refund of previously spent amounts. You acknowledge and agree that any credit card and related billing and payment information that you provide to Healthcom Media may be shared by Healthcom Media with companies who work on Healthcom Media’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Healthcom Media and servicing your account. Healthcom Media may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Healthcom Media shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and Healthcom Media shall have no liability whatsoever therefor. Invoices may be provided to you via electronic mail. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any Healthcom Media product, Healthcom Media reserves the right to suspend or terminate your use of that Healthcom Media product as well as any other Healthcom Media product, including but not limited to those Healthcom Media product where you do not have an unpaid invoice or account balance.

6. Indemnification

You shall indemnify, defend and hold harmless Healthcom Media, its agents, affiliates, licensors, and Partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of your Program use, Creative, site or Your Services, or breach of these IAP Terms.

D. Healthcom Media Publisher Program Terms

Last Updated: March 2, 2017

These Healthcom Media Publisher Program Terms (“IPP Terms”) apply to any Publisher that accesses or uses the Healthcom Media Publisher Program, or that otherwise indicates its acceptance of these IPP Terms.

These IPP Terms are between You and Healthcom Media, Inc., 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA, and set out the terms and conditions applicable to your participation in the Healthcom Media Publisher Program (the “Program”) and, along with Healthcom Media Terms of Service, use of or access to Healthcom Media’s online and/or mobile services and websites, and software provided by or on behalf of Healthcom Media on or in connection with such services or websites (collectively, the “Site”). Any references to “Healthcom Media” shall mean Healthcom Media, Inc. The Program, as generally offered by Healthcom Media, is described on https://www.Healthcom Media.com/publisher or such other URL as Healthcom Media may provide from time to time. “You” or “Publisher” means any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by these IPP Terms.

These IPP Terms hereby incorporate by this reference any additional terms and conditions posted by Healthcom Media through the Site, or otherwise made available to you by Healthcom Media, including the Healthcom Media Terms of Service.

Healthcom Media shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the Program or any part thereof. Publishers are ineligible to participate if their web properties do not conform with the terms of the Healthcom Media Affiliate Acceptable Use Policy, located online at AAUP (the “AAUP”). In order to participate as a publisher in the Program, all participants must be at least eighteen years of age. Applicants represent and warrant that all information submitted to Healthcom Media shall be true, accurate and complete.

1. Publisher Obligations

Any job search results, JobrollTM, Job Search Box, pay-per-click advertisements, links, insertion code, and any Healthcom Media logos or other elements supplied by Healthcom Media for use on Affiliates’ websites or websites co-branded by Healthcom Media and Affiliate (collectively, “Program Elements”) may only appear on URLs that Healthcom Media has reviewed and accepted for participation (“Accepted URLs”). However, please note that as of March 3, 2017, Job Search Box, links and insertion code will only be available to Publishers already a part of the IPP, and as of March 31, 2017, Job Search Box, links and insertion code will no longer be available through IPP. Publisher shall advise Healthcom Media of any changes in the type of content accessible at any such accepted URL. Publisher agrees to comply with the specifications provided by Healthcom Media from time to time to enable proper delivery, display, tracking and reporting of Program Elements.

Publisher shall label each displayed Program Element with the phrase “Jobs by Healthcom Media” at least 116 X 23 pixels in size, wherein the word “Jobs” shall be hyperlinked to http://www.Healthcom Media.com or other Healthcom Media website as agreed with Healthcom Media and the word “Healthcom Media” shall be the Healthcom Media Logo Image and shall also be hyperlinked to http://www.Healthcom Media.com or other Healthcom Media website as agreed by Healthcom Media. The Healthcom Media Logo Image can be found at: http://www.Healthcom Media.com/p/jobsearch.gif.

Publisher agrees to abide by all terms of the AAUP. Healthcom Media reserves the right in its sole discretion to suspend Publisher’s participation in the Program if it suspects any violations of the AAUP. Publisher hereby agrees to defend, indemnify and hold Healthcom Media harmless from and against any claims, demands, liabilities, expenses, losses, damages and attorney fees arising from or relating to a violation or purported violation by Publisher of the AAUP. The foregoing shall be in addition to, and not in lieu of, any other remedies that Healthcom Media may have as a result of a violation of the AAUP by Publisher. In addition, under no circumstances may Publisher impersonate or act as Healthcom Media on any site, including, but not limited to, on third party sites.

Publisher hereby grants Healthcom Media permission to refer to Publisher and its websites in Healthcom Media’s marketing materials, wherever such marketing materials shall appear.

2. Payments to Publisher

Publisher shall receive a commission payment with respect to valid clicks received (as determined solely by Healthcom Media) in relation to Program Elements displayed on Accepted URLs. YOU ACKNOWLEDGE AND AGREE THAT, IN EACH CASE, THE AMOUNT OF SUCH COMMISSION PAYMENT WILL BE DETERMINED SOLELY BY Healthcom Media, IN ITS SOLE DISCRETION. You also acknowledge and agree that any billing and payment information that you provide to Healthcom Media may be shared by Healthcom Media with companies who work on Healthcom Media’s behalf, such as payment processors, solely for the purposes of effecting payment to You and servicing your account. Publisher shall not be compensated for any transactions generated by Publisher or any party acting on Publisher’s behalf. In addition, Healthcom Media shall not be obligated to pay for any artificial and/or fraudulent impressions or clicks as determined by Healthcom Media or if Publisher is in breach of these IPP Terms. In addition and not in limitation to the above, Publisher shall refund the share of that revenue paid to Publisher, if caused by artificial or fraudulent impressions. These IPP Terms may not be amended, except in writing, in a separate document specifically referencing these terms, and signed by representatives of both parties. Email exchanges shall not amend these IPP Terms. No dashboard or any other view of any click count shall be considered as contractually binding on Healthcom Media.

3. Qualifying Links

As of March 3, 2017, the below portion of the IPP will no longer be available to any new Publisher. As of March 31, 2017, the below portion of the IPP will no longer be available to any Publisher, including existing Publishers who are part of the IPP.

[Publisher may earn a commission, as determined by Healthcom Media in its sole discretion, if Publisher refers a Qualified User (as defined below) to the Healthcom Media Website via a Qualifying Link (as defined below) and if such Qualified User has accessed the Healthcom Media Website and purchased a qualifying product or service (“Qualifying Purchase”) during a Session (as defined below). Not all services or products will be eligible as a Qualifying Purchase under the Program, and Qualifying Purchases are determined in Healthcom Media’s sole discretion. Healthcom Media is under no obligation to pay any particular amount for any referral and it is in Healthcom Media’s absolute discretion to determine for how long a period of time it shall pay this commission after the date the Qualified User initially arrives at Healthcom Media via a Qualifying Link from the Publisher’s Publisher Property (“Initial Contact’). No payments under this program shall be any indication of future payments under this program.

A “Qualifying Link” is a link directing a Qualified User from Publisher’s website or online property (“Publisher Property”) to Healthcom Media using a Program Element provided by Healthcom Media for use with the Program. A “Session” is the period of time beginning when a Qualified User initially arrives at Healthcom Media via a Qualifying Link from the Publisher’s Publisher Property (“Initial Contact”), and ending at Healthcom Media’s absolute discretion. For avoidance of doubt, Publisher acknowledges that a Session will not commence unless cookies are enabled on the Customer’s device or computer in a manner that enables Healthcom Media to fully attribute actions of Qualified User to Publisher’s Qualifying Link. A “Qualified User” is a user who has not previously registered with Healthcom Media, has not been previously “cookied” by Healthcom Media and has not previously visited the Healthcom Media Site, all as determined by Healthcom Media in its sole and absolute discretion.

The parties acknowledge and agree that Healthcom Media shall have the sole right and responsibility for processing all orders made by Qualified Users. Publisher acknowledges that all agreements relating to sales to Qualified Users shall be between Healthcom Media and the Qualified User.]

As of March 31, 2017, the following will be the only available method for participation in the IPP:

[Publisher may earn a commission, as determined by Healthcom Media in its sole discretion, if a user clicks on a Qualifying Link. A “Qualifying Link” is a link directing a user from the Publisher’s website or online property (“Publisher Property”) to a job using a Program Element provided by Healthcom Media for use with the Program, such as pay-per-click advertising, Jobroll™, or job search results.]

Publisher shall not be entitled to commissions and shall reverse any commissions already paid if Publisher is in breach of these IPP Terms or has engaged in any fraudulent activity, including, but not limited to, cookie stuffing, cloaking, or forcing pop-ups.The determination as to whether a sale is made via a Qualifying Link, and whether a commission is payable, will be made by Healthcom Media in its sole and absolute discretion and is final and binding on Publisher. Prices for the Qualifying Purchases will be set solely by Healthcom Media in its sole and absolute discretion.

4. Terms of Payment

Healthcom Media shall pay Publisher within 30 days of the end of each calendar quarter; provided the amount owing to Publisher is at least one hundred US dollars ($100). If the amount owing to Publisher is less than $100, the balance will carry over to subsequent calendar quarters until such time that the quarter-end balance is at least one hundred US dollars ($100). Publisher is solely responsible for providing and maintaining accurate contact and payment information associated with Publisher Account. Healthcom Media may withhold any and all payment if Publisher is in breach of these IPP Terms and Healthcom Media shall have no further liability to Publisher.

5. Termination

Either party may terminate these IPP Terms and participation in the Program at any time by sending a notice by email to support-at-Healthcom Media dot com or other email address specified by Healthcom Media in the case of Healthcom Media, and to the email address specified in Publisher’s profile in the Program in the case of Publisher.

Upon termination of a publisher from the Program, for any reason and by either party, Publisher shall immediately remove all insertion codes and other Program Elements from all pages of its websites.

6. Confidentiality

Publisher shall not disclose Healthcom Media Confidential Information without Healthcom Media’s prior written consent. “Healthcom Media Confidential Information” includes without limitation: (a) all Healthcom Media software, technology, programming, specifications, materials, guidelines and documentation relating to the Program; (b) click-through rates or other performance statistics relating to the Program provided to Publisher by Healthcom Media; and (c) any other information designated in writing by Healthcom Media as “Confidential” or an equivalent designation.

7. Disclaimer and Limitation of Liability

Healthcom Media’S PROVISION OF THE PROGRAM AND PROGRAM ELEMENTS (THE “SERVICE”) AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Healthcom Media AND ITS AFFILIATES, AND ITS AND THEIR LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER Healthcom Media NOR ITS AFFILIATES, OR ITS OR THEIR LICENSORS, MAKE ANY WARRANTY THAT (i) THE SERVICE OR SITE WILL MEET PUBLISHER’S REQUIREMENTS; (ii) THE SERVICE OR ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR SITE WILL BE ACCURATE OR RELIABLE; OR (iv) ANY ERRORS IN THE SERVICE OR SITE WILL BE CORRECTED.

NEITHER Healthcom Media NOR ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR OTHER DAMAGES INCURRED BY PUBLISHER FROM PARTICIPATION IN THE PROGRAM, WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. IN NO EVENT SHALL Healthcom Media’S AGGREGATE LIABILITY EXCEED THE AMOUNT OF FEES THEN DUE TO PUBLISHER AS DETERMINED PURSUANT TO THESE IPP TERMS.

8. Miscellaneous

These IPP Terms (including the Healthcom Media Terms of Service incorporated herein) constitute the entire agreement between the parties with respect to the Healthcom Media Publisher Program and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these IPP Terms will be effective only if in writing and signed by Healthcom Media. These IPP Terms, together with any amendments thereto and any additional agreements you may enter into with Healthcom Media in connection with the Site, shall constitute the entire agreement between you and Healthcom Media concerning the Site. In the event of any irreconcilable conflict between these IPP Terms and the Healthcom Media Terms of Service, these IPP Terms will govern with respect to the Healthcom Media Publisher Program, and the Healthcom Media Terms of Service will otherwise govern. If any provision of these IPP Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these IPP Terms, which shall remain in full force and effect. These IPP Terms may not be amended, except in writing, in a separate document specifically referencing these terms, and signed by representatives of both parties. Email exchanges shall not amend these IPP Terms.

Change of Address: If you have provided a billing address to us, and you change such billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be bound by these IPP Terms with the same Healthcom Media party for the remainder of the calendar month in which you made the change. Beginning on the first day of the next calendar month, you hereby agree that you will be bound by these IPP Terms with the applicable Healthcom Media party identified in the first paragraph of these IPP Terms with respect to such new territory.

Any notices to Healthcom Media must be sent to Healthcom Media, Inc. via certified first class or air mail or overnight courier, are deemed given upon receipt, and must reference the Program that is the subject of the notice (i.e., Healthcom Media Resume Program, Healthcom Media Ads Program, or Healthcom Media Publisher Program). Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages in your Healthcom Media Ads interface).

You may not assign or delegate any of your rights or obligations hereunder without Healthcom Media’s prior written consent and any such attempt is void. Healthcom Media may freely assign or delegate its rights and obligations hereunder without notice to you. Healthcom Media and you are not legal partners or agents, but are independent contractors.

These IPP Terms and any dispute arising out of or in connection with these IPP Terms (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of these IPP Terms, by and under the laws of the State of Texas, United States of America, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in the federal or state courts located in Travis County, Texas, U.S.A. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Travis County, Texas, U.S.A.

E. Healthcom Media Prime Terms

Last Updated: December 21, 2016

These Healthcom Media Prime Terms (“IP Terms”) form a part of, and are incorporated into, the Healthcom Media Terms of Service (the “Agreement”). By using Healthcom Media Prime in any way, or by registering as a Candidate or an Employer on Healthcom Media Prime, you agree to these Healthcom Media Prime Terms and the Healthcom Media Terms of Service.

Any capitalized terms that are used but not defined in these IP Terms have the meaning set forth in the Agreement. The term “You” refers to the Candidate, the Employer or the Referrer, as per the context of the sentence.

1. Introduction

Healthcom Media Prime is an online tool that allows Healthcom Media Prime Employers (“Employers”) to connect with Candidate Job Seekers (“Candidates”). The term “Candidate” will refer to users of Healthcom Media Prime who are seeking employment opportunities through Healthcom Media Prime. The term “Employer” will refer to a company that is interested in hiring the Candidates through the Healthcom Media Prime online tool.

Users who wish to participate in Healthcom Media Prime apply to Healthcom Media to enter an Healthcom Media Prime Weekly Talent List of Candidates (“List”). Not all users who apply to Healthcom Media Prime will be accepted into the program as a Candidate. If Healthcom Media chooses a Candidate to participate in Healthcom Media Prime, they are placed into the List and they will remain in the List for such a time as determined by Healthcom Media, as per Healthcom Media rules, as set forth below. Each week Employers who are using the Healthcom Media Prime tool are shown those relevant Candidates in the List. Employers may choose to interview Candidates from the List and conduct a hiring process with such Candidate if they wish. There is a charge for use of this tool to the Employers, all as set forth below. There is no charge to Candidates who are chosen from the List.

2. Applying to Healthcom Media Prime

Candidate:

In order to use Healthcom Media Prime as a Candidate you must create an Healthcom Media account or login using your preexisting Healthcom Media account, create a profile and apply. When applying to Healthcom Media Prime, we may require you to provide us with certain information including, but not limited to, your name, email address, phone number, skill set, salary requirements and geographic location. At this stage, you will have the opportunity to block your profile from certain Employers. We will use the information that you provide us during the application process to determine whether you will be accepted into Healthcom Media Prime. We may use a third party vendor to help us review your application. We reserve the right, in our sole discretion, to accept or reject your application to use Healthcom Media Prime. If you are accepted into Healthcom Media Prime, we will notify you via email. Once you have been accepted, a member of the Healthcom Media Prime Talent Team (“Talent Consultant”) may reach out to via the email address or phone number you provided, and work with you to finalize your Candidate profile. The Talent Consultant may continue to work with you throughout your time on Healthcom Media Prime.

Employer:

In order to use Healthcom Media Prime as an Employer you must also apply. Applying to be an Employer is free. When applying we may ask you for additional information related to your company, including but not limited to, your name, email address, company URL, phone number and geographic location. We will review the information that you provided to us during the application process to determine whether you will be accepted into Healthcom Media Prime. We reserve the right, in our sole discretion, to accept or reject your application to Healthcom Media Prime. If your application is accepted, you will be notified via email and allowed to use the Healthcom Media Prime online tool so as to engage with, and reach out to Candidates that are available in the Healthcom Media Prime List.

3. Weekly Talent List

Candidates:

After a Candidate has applied and been accepted to Healthcom Media Prime, he or she will be placed into the List to be viewed by Employers using the Healthcom Media Prime tool. Employers will then have the opportunity to engage with Candidates in the List. Candidates may receive emails from Employers informing them of their interest in the Candidate, and providing them details about the job solicitation. Healthcom Media has no input into the Employer’s selection process. A Candidate may, but is not required to, respond to any Employer that has contacted him or her. All requests for interviews by Employers through Healthcom Media Prime do not guarantee a final job or job offer, or a job offer at any particular salary.

A new Candidate may be highlighted as “new” in the Talent List. At the conclusion of a certain number of weeks Healthcom Media may remove any candidate on the List, at any time, for any reason, at its sole discretion and, in such case, the Candidate must reapply through its Talent Consultant for consideration to be reentered into the List. The reapplication process is at Healthcom Media’s sole discretion, and not all re-applications will be granted.

Employers:

After an Employer’s application has been accepted by Healthcom Media Prime, the Employer will be able to utilize the Healthcom Media Prime tool in order to browse the Candidates in the List, communicate with these Candidates, and submit interview requests to Candidates. Once an Employer has discovered a Candidate on Healthcom Media Prime, the Employer may make the contact with the Candidate through the Healthcom Media Prime tool. No contractual obligations are created for either the Candidate or the Employer through the use of Healthcom Media Prime. The Candidate is not obligated to accept any offer provided to a Candidate from an Employer that contacts them through Healthcom Media Prime. Additionally, offers or interview requests submitted by an Employer to a Candidate through Healthcom Media Prime are not binding on the Employer. Employer agrees that Healthcom Media is entitled to publish the details of all non-binding offers made and the identity of those parties that have made such offers.

If an Employer is on the Pay-Per-Hire pricing model, the Employer agrees not to attempt to circumvent Healthcom Media Prime by independently attempting to make the first contact with Candidate through alternative means after discovering the Candidate on Healthcom Media Prime.  Further, if the Employer can establish that it was in Negotiation with regards to hiring with the Candidate prior to utilizing the Prime tool, the Employer may be exempted from paying the Fee at the sole discretion of Healthcom Media. “Negotiation” shall mean at least one direct email sent out by both parties, Candidate and Employer, specifically to the other and not sent as part of a mass emailing, for the purpose of recruiting or hiring, within the three (3) months prior to the Employer using the Prime tool, and where no final decision to hire or reject a Candidate or to accept or reject the Employer has been made. In the event an Employer is on the Pay-Per-Hire pricing model and circumvents the Healthcom Media Prime process after discovering a candidate on Healthcom Media Prime, or does not report a hire made through Healthcom Media Prime, and thereafter hires that candidate within six (6) months of the date on which the Employer first viewed the candidate on Healthcom Media Prime, Healthcom Media Prime shall be entitled to 25% of a Candidate’s annual or term salary (if the term of hire is for less than one year) and all costs of collection of such amount, including any legal fees.

Healthcom Media’s Role:

Healthcom Media does not act as an employment agent by providing the Healthcom Media Prime product. Healthcom Media merely provides a tool enabling Candidates and Employers to connect with each other. Candidates and Employers are solely responsible for the information provided in any resume or profile, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of Healthcom Media Prime.

You understand that Healthcom Media Prime does not inquire into the backgrounds of its Candidates or Employers or attempt to verify the statements of its Candidates or Employers, and that you are responsible for (1) conducting any background checks, reference checks, or other due diligence that you may require before making an offer of employment to a Candidate or accepting an offer of employment from an Employer, and (2) complying with all laws and regulations relating to the intended employment of any Candidate. If you are a Candidate, you agree that any rights you have under the Fair Credit Reporting Act, any corresponding state laws, or any similar laws regulating consumer or credit reporting agencies in other countries may only be asserted against the Employer.

Healthcom Media is not a third party to or liable for any agreements between an Employer and Candidate, regardless of whether or not Healthcom Media receives a fee from the Employer in connection with the transaction. Healthcom Media will not be liable for any costs or damages arising out of or related to such transaction.

4. Rewards, Fees and Refunds

Candidates:

Healthcom Media Prime is free for Candidates. Additionally, Healthcom Media may determine, in its sole discretion, that you are eligible for a reward if you accept an offer of employment through Prime (“Candidate Reward”).  If you are a U.S. resident and Healthcom Media has determined you are eligible to receive a Candidate Reward, you must provide Healthcom Media with a valid and completed W-9 document and ACH form. If you have not provided Healthcom Media with a valid and completed W-9 and ACH form, you will receive no Candidate Reward. If you are a U.K. resident, in order to receive the Referral Reward, you must provide Healthcom Media with your valid banking details and HMRC Starter Checklist upon request. In addition, you must be a U.S. resident (for tax purposes) for jobs located in the U.S., or a U.K. resident for jobs located in the U.K., in order to receive the Candidate Reward. All payments are gross amounts and you will be responsible for paying all taxes on the award.

Referrals:

Healthcom Media will offer “Referral Rewards” in the amount of $200 (USD) if in the U.S. or in the amount of £150 (GBP) if in the U.K. to individuals who refer (the “Referrer”) a Candidate and that Candidate is contacted by a company with Healthcom Media Prime. In addition, Healthcom Media will offer “Referral Rewards” in the amount of $2,000 (USD) if in the U.S. or in the amount of £1500 (GBP) if in the U.K. to Referrers who refer a Candidate that has been selected by Healthcom Media Prime and has been hired through Healthcom Media Prime, and has worked at their new company for at least ninety days. In addition, the following limitations apply:

  1. To qualify, the referred party must have graduated from their last school or university at least one year prior to the referral.
  2. Limit 5 awards per calendar year to any one Referrer.
  3. You must be a US resident (for tax purposes) for jobs located in the U.S., or a U.K. resident for jobs located in the U.K.
  4. If you are a U.S. resident, in order to receive the Referral Reward, you must provide Healthcom Media with a valid and completed W-9 document and ACH form. If you have not provided Healthcom Media with a valid and completed W-9 and ACH form, you will receive no Referral Reward. If you are a U.K. resident, in order to receive the Referral Reward, you must provide Healthcom Media with you valid banking details and HMRC Starter Checklist upon request.
  5. All payments to any Referrer are gross amounts and the Referrer will be responsible for paying all taxes on the award.
  6. This program may be cancelled at any time without notice; all referrals made prior to program cancellation will be paid in the event the above conditions are satisfied.
  7. Healthcom Media has the right to refuse any referred candidate participation in the Healthcom Media Prime program for any reason.
  8. No award will be paid for any referred candidate who is already a member of Healthcom Media Prime when the referral was received.

Fees and Refunds:

As of January 1, 2017, Healthcom Media Prime will offer one payment model: Subscription Model. However, any individual terms agreed upon prior to January 1, 2017 will still be honored; in the U.S., please consult your Prime Client Executive or Client Consultant for pricing details, in the U.K., please consult your Prime Client Consultant for pricing details. Beginning January 1, 2017 at 12am Central time, the Subscription Model will be the only pricing plan available. The Subscription model offers two plans (Essential and Enterprise), depending on the size of the Employer and the number of job positions open. The determination of which pricing plan an Employer falls into within the Subscription Model is made in Healthcom Media’s sole discretion. Even if you start in one tier of the Subscription Model pricing plan, Healthcom Media may determine in its sole discretion that you are only eligible for the other tier.

Subscription Model:

  1. Under the Subscription Model, Employers agree to pay upfront an initial subscription fee for a period of time specified in any Healthcom Media insertion order or online pricing page (each subscription period to be referred to as a “Term”).
  2. Unlimited hires may be made during any Term for the fee indicated on the Healthcom Media insertion order or the price indicated on the Healthcom Media Prime online pricing page.
  3. For the Essential plan, the minimum Term is monthly; for the Enterprise plan, the minimum Term is quarterly. However, other Term lengths may be agreed upon with your Prime Client Executive or Client Consultant.
  4. All plans under the Subscription Model shall automatically renew for additional Terms. If you wish to cancel your Subscription, you must do so no later than 15 days prior to the end of any Term. No refunds will be given for payment made during any Term.
  5. Under the Subscription Model, payment is due upon receipt of an insertion order or confirmation email, confirming your purchase, unless agreed upon otherwise with your Prime Client Executive or Client Consultant.

Pay-Per-Hire Model (Only applies to Clients who signed up for this payment model prior to January 1, 2017. However, even if you are currently under this payment model, Healthcom Media reserves the right, in its sole discretion, to no longer offer this payment model):

  1. Under the pay-per-hire model, Employers agree to pay a fixed percentage of annual base salary or other salary periods agreed upon, for any hire made through Healthcom Media Prime.
  2. Refunds will be made to an Employer, if they have chosen to pay a percentage of the annual salary and a hire made through Healthcom Media Prime leaves their job within the first 90 days of employment and does not become an independent contractor of the Employer. In order to be eligible to receive a refund, an Employer must inform Healthcom Media within 5 business days of the hire leaving the Company and shall provide sufficient evidence of such employee exit.
  3. Healthcom Media may request a non-refundable deposit, which will be applied towards the cost of first hire if made. If no hires are made, the deposit is not returned.
  4. Healthcom Media may consider pre-paid volume discounts.
  5. Under the pay-per-hire model, payment is due upon receipt of an invoice from Healthcom Media, Inc. or Healthcom Media Ireland Operations Ltd., unless agreed upon otherwise with your Prime Client Executive or Client Consultant.
  6. The pay-per-hire model can be canceled at any time. Hires initiated before cancellation are subject to the invoicing and payment stated above.

If you wish to use the Healthcom Media Prime tool, you must have an agreement with Healthcom Media, Inc. or Healthcom Media Ireland Operations Ltd. to do so under one of the pricing models listed above, and have accepted Healthcom Media’s online terms of service. Sales taxes will be charged as appropriate. The Obligation to pay Fees shall survive termination or expiration of this Agreement.

5. Confidentiality

You agree to keep all information gained from using Healthcom Media Prime confidential. You agree that (1) you will use any content submitted by Candidates in accordance with applicable privacy and data protection laws; (2) you will not disclose the names or identities or share the profile of any Candidates in any List outside of your recruiting or hiring department; AND (3) you will take appropriate physical, technical and administrative measures to protect content you obtain through use of Healthcom Media Prime from loss, misuse, unauthorized access, disclosure, alteration or destruction. You also agree not to post, publicly disclose or disseminate any job offers which you become aware of through Healthcom Media Prime.

You agree that by using Healthcom Media Prime, Healthcom Media may call you at the phone number provided to Healthcom Media, including cell phone numbers. You further agree that Healthcom Media provides email proxy and relay tools to the users of Healthcom Media Prime and that Healthcom Media may monitor, review, store and analyze your content (including your profile, applications, communications and responses) to provide you with personally relevant product features, prevent fraud, reduce unwanted mail, and provide quality control.

If you decide to take the HackerRank challenge or any other external testing, such results will only be maintained and used internally by Healthcom Media and will never be passed to a third party.

Employer agrees that Healthcom Media is entitled to publish the details of all non-binding offers made and the identity of those parties that have made such offers, unless the Employer has elected to remain anonymous.

6. Disclaimer and Limitation of Liability

Healthcom Media EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT THE CANDIDATE PROFILE INFORMATION THAT HAS BEEN PROVIDED TO Healthcom Media IS VALID, THAT THE COMMUNICATION SENT BY AN EMPLOYER WILL REACH THE INTENDED RECIPIENT, THAT THE INTENDED RECIPIENT OF THE COMMUNICATION SENT AT YOUR REQUEST WILL READ THE EMAIL, OR THAT THE INTENDED RECIPIENT OF YOUR REQUEST WILL ACT UPON SUCH REQUEST. Healthcom Media EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE.

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

7. Indemnification

You agree to defend, indemnify and hold harmless Healthcom Media from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your violation of any term of this Agreement; (b) your use of, and access to, Healthcom Media Prime; (c) your loss of, or disclosure of, information gained from using Healthcom Media Prime; (d) your violation of any state or federal laws during the hiring process, including but not limited to the Fair Credit Reporting Act; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (f) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of Healthcom Media Prime. You also agree that you have a duty to defend us against such claims. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, settlements and disbursements.

8. Termination

We may suspend Healthcom Media Prime, your account or any other provision of tools to you, and we may terminate this Agreement with you, at our sole discretion, at any time, with or without notice. If you wish to terminate this Agreement, you may do so by notifying Healthcom Media Prime at any time and closing your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, success fee provisions, warranty disclaimers, indemnity and limitations of liability.

F. Healthcom Media Targeted Ads Terms

Last Updated: April 10, 2017

These Healthcom Media Targeted Ads Terms (“ITA Terms”) form a part of, and are incorporated into, the Healthcom Media Terms of Service (the “Agreement”), and apply to any Employer who accesses or uses the Healthcom Media Targeted Ads program, or who otherwise indicates its acceptance of these ITA Terms.  These ITA Terms apply to both of Healthcom Media’s Targeted Ads Services: 1) Healthcom Media Targeted Ads: Brand (“ITA Brand”) and 2) Healthcom Media Targeted Ads: Apply (“ITA Apply”).

Any capitalized terms that are used but not defined in these ITA Terms have the meaning set forth in the Agreement.

1. The Program

Use of Healthcom Media Targeted Ads (“ITA”) on or through the Site is subject to all applicable Healthcom Media terms and policies, including without limitation the Healthcom Media Privacy Policy (http://www.Healthcom Media.com/legal#privacy) and those instructions provided on the Site, and, if you are using ITA, through our online forms. Healthcom Media policies may be modified at any time. With regards to any job advertisements posted on Healthcom Media through ITA, (“Targeted Ads”), you agree that you are solely responsible for all: (a) ad or job content and target URLs (“Creative”), whether generated by or for you; and (b) websites proximately reachable from Creative URLs and your services and products (collectively “Your Services”). You shall protect your passwords and take full responsibility for your own, and third party, use of your accounts. Targeted Ads may be placed on any content or property provided by Healthcom Media (“Healthcom Media Property”). By posting a Targeted Ad on Healthcom Media, you authorize Healthcom Media to reformat the Job Ad to be effectively displayed on a mobile device.  

ITA Apply: In order to participate in ITA Apply, you must either use Healthcom Media Apply to receive applications or add Healthcom Media’s conversion tracker snippet to your post-apply page (the “Post-Apply Page”). The Post-Apply Page on which you add Healthcom Media’s conversion tracker snippet shall be determined by mutual agreement between you and Healthcom Media. However, please note that if you unilaterally place the conversion tracker snippet on a page other than the mutually agreed upon page, in violation of this agreement, Healthcom Media will still count this page as the Post-Apply-Page, charge you for any Applies (as defined below) on this page, and may require you to correct the placement. Any removal of the tracker snippet will disqualify you from the program and will entitle to Healthcom Media to any resulting damages.  It shall be your responsibility to inform your job applicants that such tracker snippet is in place. The conversion tracker will attribute an application to Healthcom Media any time the job seeker started their search on Healthcom Media, despite any intervening activity.

2. Cancellation

Unless otherwise stated in an insertion order or other agreement to advertise with Healthcom Media, you may independently cancel online any Targeted Ad at any time (such cancellation is generally effective within 24 hours). Healthcom Media may cancel ITA or these ITA Terms at any time. Healthcom Media may modify ITA or these ITA Terms at any time without liability, and your use of ITA after notice that these ITA Terms have changed indicates acceptance of the updated ITA Terms. Sections 1, 3, 4, 5, and 6 will survive any expiration or termination of these ITA Terms.

3. Prohibited Uses

You shall not, and shall not authorize any party to advertise anything illegal or engage in any illegal or fraudulent business practice in any state or country where your advertisement is displayed. You represent and warrant that (x) all your information is correct and current; (y) you hold and grant Healthcom Media and Partners all rights to copy, distribute and display Creative (“Use”); and (z) such Use and websites linked from your Targeted Ads (including Your Services therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these ITA Terms or your account without notice, and may subject you to legal penalties and consequences. Healthcom Media or Partners may reject or remove any Targeted Ad, and Healthcom Media may disable any Employer’s account, for any or no reason without notice.

4. DISCLAIMER AND LIMITATION OF LIABILITY

Healthcom Media’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, Healthcom Media AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. Healthcom Media and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning or the levels or timing of: (i) costs per apply, (ii) costs per impression, (iii) apply rates, (iv) impression rates (including any estimate of impressions provided in an insertion order), (v) delivery of any impressions on any Partner Property or Healthcom Media Property or sections of such properties, (vi) applies, (vii) impressions (viii) conversions for any Creative, or (ix) targeted users. EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IAP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IAP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO Healthcom Media BY YOU FOR THE JOB ADS GIVING RISE TO THE CLAIM.

5. Payment

You shall be charged in accordance with the pricing listed in a separate agreement or insertion order between you and Healthcom Media, and based on applies (“Applies” or “Apply”) if you are an Employer using ITA Apply, or based on impressions (“Impression” or “Impressions”) if you are an employer using ITA Brand. Applies are defined as a user visit to the agreed upon Post-Apply Page listed in any separate agreement (including via email exchange) or insertion order between you and Healthcom Media. Impressions are defined as an ad appearing on a page of the Site, which page has been presented to a Job Seeker. However, an Impression does not guarantee that a Job Seeker has viewed such ad. If you are an Employer using ITA Brand, your price per Impression found on any ITA Brand Insertion Order is defined as the cost per 1000 impressions. If your ITA Insertion Order does not contain an end date, you will continue to be billed until you contact Healthcom Media and request to be removed from the ITA Program. If your Healthcom Media employer account has a credit card on file for the Healthcom Media Ads Program, we will charge that same credit card for your Healthcom Media Targeted Ads. If your billing address is in the United States, you shall pay all charges in US Dollars. If your billing address is in India, you may only pay all charges in Indian Rupees.  If your billing address is in Brazil, you may only pay all charges in Brazilian Reais.  If your billing address is anywhere else, you may pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, Japanese Yen or Singapore Dollars. Charges are exclusive of taxes, including VAT. You will be charged all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Healthcom Media incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all Healthcom Media products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Healthcom Media’s Apply measurements or Impressions measurements. Healthcom Media’s determination of number of Applies or Impressions shall be binding. Refunds (if any) are at the absolute discretion of Healthcom Media and only in the form of advertising credit for Healthcom Media Property. You acknowledge and agree that any credit card and related billing and payment information that you provide to Healthcom Media may be shared by Healthcom Media with companies who work on Healthcom Media’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Healthcom Media and servicing your account. Healthcom Media may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Healthcom Media shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and Healthcom Media shall have no liability whatsoever therefor.  Invoices may be provided to you via electronic mail.

6. Indemnification

You shall indemnify, defend and hold harmless Healthcom Media, its agents, affiliates, licensors and Partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of your ITA use, Creative, site or Your Services, or your breach of these ITA Terms.

*For the purposes of this Agreement, the Asia-Pacific Region is defined as the following countries and territories: American Samoa, Antarctica, Australia, Bangladesh, Bhutan, Brunei, Cambodia, China, Christmas Island, Cocos Islands, Cook Islands, East Timor, Fiji, French Polynesia, French Southern Territories, Guam, Heard Island and McDonald Islands, Hong Kong, Indonesia, Japan, Kiribati, Laos, Macao, Malaysia, Maldives, Marshall Islands, Micronesia, Mongolia, Myanmar, Nauru, Nepal, New Caledonia, New Zealand, Niue, Norfolk Island, Northern Mariana Islands, Pakistan, Palau, Papua New Guinea, Philippines, Pitcairn, Samoa, Singapore, Solomon Islands, South Georgia and the South Sandwich Islands, South Korea, Sri Lanka, Taiwan, Thailand, Tokelau, Tonga, Tuvalu, Vanuatu, Vietnam, Wallis and Futuna.

Healthcom Media MoBolt Terms

These Terms and Conditions set forth the terms and conditions under which Healthcom Media, utilizing its internal proprietary Healthcom Media MoBolt software (“Healthcom Media MoBolt Software”), will provide certain services, the Healthcom Media MoBolt services (the “Services”), to a customer of the Services (“Customer”).

1. SERVICES RENDERED AND CONTENT

1.1. The Services. Subject to all limitations and restrictions contained herein, Healthcom Media shall provide Customer with the Services and Customer shall have a nonexclusive and nontransferable right to use the Services as provided by Healthcom Media as described herein (“Services Rendered”). The Services will be performed in accordance with this Agreement and the additional terms in an applicable Insertion Order (“IO”), including the term of the agreement.

1.2. Services Rendered. The purpose of the Services, subject to the terms herein, is: (i) to allow Healthcom Media to create and host a mobile-optimized version of Customer’s existing job application website (hereinafter referred to as the “Customer Healthcom Media MoBolt Website”); (ii) to allow Customer’s job applicants to apply to Customer’s jobs via the Customer Healthcom Media MoBolt Website, and (iii) to allow Healthcom Media to provide the Customer with job applicants’ information entered through the Customer Healthcom Media MoBolt Website in any form agreed to by the parties. The Customer Healthcom Media MoBolt Website will look like Customer’s branded desktop website. Only Healthcom Media has the ability to directly edit or alter the Customer Healthcom Media MoBolt Website. Customer shall not allow any website, that is not fully owned by Customer, to frame, syndicate, distribute, replicate, or copy any portion of Customer’s website that has been directly or indirectly provided the Services. Customer acknowledges that Healthcom Media monitors, reviews and analyzes the content (including your applications and responses) sent through MoBolt to provide you and users with personally relevant product features, such as improved search results and to prevent fraud, reduce unwanted mail, and provide quality control of the information sent through the MoBolt system. Healthcom Media will treat all private information received via the Services in accordance with the Healthcom Media Cookie Policy, Privacy Policy and General Terms, as amended from time to time.

1.3. Customer Obligations. Customer hereby covenants and agrees that:

1.3.1. Customer shall be responsible for providing to Healthcom Media content for Customer’s website, including, without limitation, trademarks or service marks, images, photographs, illustrations, graphics, audio clips, video clips, and text.

1.3.2. Customer is responsible for maintaining the security credentials of its accounts, and Customer is fully responsible for all activities that occur under the accounts assigned to Customer and any other actions taken in connection with its accounts.

1.3.3. Customer, its employees and its contractors shall comply with all applicable laws.

1.3.4. Customer shall immediately notify Healthcom Media of any unauthorized uses of its accounts or any other breaches of security. Healthcom Media shall not be liable for any acts or omissions by the Customer, including any damages of any kind incurred as a result of such acts or omissions.

1.3.5. Customer shall ensure that it has an agreement with each end user of Customer’s job application website (“End User”) that protects Healthcom Media’s rights to the same extent as the terms of this Agreement. The agreement with End Users (“End User Agreement”) must also include terms informing End Users that End User grants Healthcom Media access to and the right to use End User’s data, as provided in Healthcom Media’s Cookie Policy, Privacy Policy, and General Terms. Healthcom Media agrees that, subject to the foregoing requirements, the End User Agreement need not specifically refer to Healthcom Media. Customer will promptly notify Healthcom Media if it becomes aware of any breach of the terms of the End User Agreement that may affect Healthcom Media.

1.3.6. Customer will allow Healthcom Media’s name to be displayed on the Customer Healthcom Media MoBolt Website for purposes of directing End Users to Healthcom Media’s Privacy Policy.

1.3.7. Customer shall not ask End Users any job application questions, which are provided to End Users through Healthcom Media’s provision of the Services, that are illegal or discriminatory. Customer also shall not seek “Sensitive Data” (defined herein) from End Users in job application questions, which questions are provided to Healthcom Media through the Services. Sensitive Data includes, but is not limited to, highly confidential personal information such as bank account or credit card information, online account information, social security numbers (or similar counterparts outside the United States of America), health information, or other categories of data subject to special breach notification requirements in any country. If Customer chooses to seek Sensitive Data, it does so at its own risk, Healthcom Media disclaims any and all liability for any security breach of such information, and Customer shall indemnify Healthcom Media for any claims that may arise as a result.

1.3.8 Customer shall be responsible for any Cookies dropped on the Customer Healthcom Media MoBolt Website

1.4. Time of Performance of Services. Healthcom Media shall provide Customer with the Services only during the agreed upon period provided for in an applicable IO.

1.5. Fee and Payment. Healthcom Media shall provide Customer with the Services at the agreed upon fee and payment method provided for in an applicable IO. None of the payment represents the license or sale of the Healthcom Media MoBolt Software. Invoices may be provided to you via electronic mail.

1.6. Additional Restrictions. Customer shall not permit any third parties to access the Services.

2. TAXES

2.1. Taxes. The service fees and other amounts required to be paid hereunder do not include any amount for taxes or levy (including interest and penalties). Customer shall pay additionally for any taxes that apply in addition to charges quoted by Healthcom Media, at the time of purchase or at a later date. Customer shall reimburse Healthcom Media and hold Healthcom Media harmless for all taxes or levies which Healthcom Media is required to collect or remit to applicable tax authorities. This provision does not apply to Healthcom Media’s income or franchise taxes, or any taxes for which Customer is exempt, provided Customer has furnished Healthcom Media with a valid tax exemption certificate.

3. MAINTENANCE AND SUPPORT SERVICES

3.1. Maintenance. Healthcom Media shall use commercially reasonable efforts to correct reported or self-diagnosed material problems with: (i) the Customer Healthcom Media MoBolt Website; (ii) job applicants’ access to the Customer Healthcom Media MoBolt Website, and (iii) Healthcom Media’s provision of job applicants’ information entered through the Customer Healthcom Media MoBolt Website to Customer (“Maintenance and Support Services”). Healthcom Media shall use commercially reasonable efforts to begin working on a resolution to Customer’s written notice of reported problems within fourteen (14) days, provided corrections shall be prioritized in Healthcom Media’s reasonable discretion. A response is not a guaranty of a solution to the reported problem; however Healthcom Media will keep Customer apprised of the resolution closure. Customer can report material issues with the Customer Healthcom Media MoBolt Website through Healthcom Media’s call center, which is available Monday through Friday from 9:00 A.M. to 5:00 P.M. EST.

3.2. Service Availability. Healthcom Media’s goal is to provide Service Availability of the Customer Healthcom Media MoBolt Website twenty-four (24) hours per day, seven (7) days per week (referred to as “24×7 Availability”) EXCEPT during times of scheduled internal updates. However, the parties recognize that 24×7 Availability is only a goal. Healthcom Media cannot guarantee that such goal can be achieved. These response time goals apply only to public production servers (i.e. web servers, application servers, and database servers). Healthcom Media shall use reasonable efforts to achieve 99% Service Availability in North America. The Service Availability goal excludes any time Customer requests the Services be paused and the Customer Healthcom Media MoBolt Website be taken down. Healthcom Media does not and cannot control the flow of data to or from Healthcom Media’s network and other portions of the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. Customer acknowledges and agrees that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Healthcom Media may undertake from time to time; and (iii) causes beyond the control of Healthcom Media or that are not reasonably foreseeable by Healthcom Media, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. At times, actions or inactions of such third parties can impair or disrupt Customer’s connections to the Internet (or portions thereof). Although Healthcom Media will use reasonable efforts to take actions it deems appropriate to remedy and avoid such events, Healthcom Media cannot guarantee that such events will not occur. Accordingly, Healthcom Media disclaims any and all liability resulting from or related to such events.

3.3. Third Parties. Healthcom Media shall have the right to use third parties, including employees of Healthcom Media’s affiliates and subsidiaries (“Subcontractors”) in performance of its obligations and services hereunder and, for purposes of this Section, all references to Healthcom Media or its employees shall be deemed to include such Subcontractors.

4. OWNERSHIP

4.1. Reservation of Rights. By signing the Agreement, Customer irrevocably acknowledges that, subject to the Services provided herein, Customer will not be provided with the Healthcom Media MoBolt Software used internally by Healthcom Media to provide the Services, the Healthcom Media MoBolt Software is not licensed to Customer, and Customer has no ownership interest in the Healthcom Media MoBolt Software or Healthcom Media materials provided to Customer or utilized by Customer’s End Users. Healthcom Media shall own all right, title, and interest in the Healthcom Media MoBolt Software and Healthcom Media materials, subject to any limitations associated with intellectual property rights of third parties. Healthcom Media reserves all rights not specifically granted herein. Customer shall not make any representations to any End User or any third party that the Healthcom Media MoBolt Software belongs to Customer or is in any way owned or shared by Customer.

5. CONFIDENTIALITY

5.1. Definition. “Confidential Information” includes all information marked pursuant to this Section and disclosed by either party, before or after the Effective Date, and generally not publicly known, whether tangible or intangible and in whatever form or medium provided, as well as any information generated by a party that contains, reflects, or is derived from such information. Confidential Information does not include personal data provided by End Users.

5.2. Confidentiality of Services. All Confidential Information in tangible form shall be marked as “Confidential” or the like or, if intangible (e.g. orally disclosed), shall be designated as being confidential at the time of disclosure and shall be confirmed as such in writing within thirty (30) days of the initial disclosure. Notwithstanding the foregoing, the following is deemed Healthcom Media Confidential Information with or without such marking or written confirmation: (i) the Healthcom Media MoBolt Software, to which Customer will not be given access; (ii) other materials related to the Services furnished to Customer by Healthcom Media; (iii) the oral and visual information relating to the Services; and (iv) the terms and conditions of this Agreement.

5.3. Exceptions. Without granting any right or license, the obligations of the parties hereunder shall not apply to any material or information that: (i) is or becomes a part of the public domain through no act or omission by the receiving party; (ii) is independently developed by the other party without use of the disclosing party’s Confidential Information; (iii) is rightfully obtained from a third party without any obligation of confidentiality; or (iv) is already known by the receiving party without any obligation of confidentiality prior to obtaining the Confidential Information from the disclosing party. In addition, neither party shall be liable for disclosure of Confidential Information if made in response to a valid order of a court or authorized agency of government, provided that notice is promptly given to the disclosing party so that the disclosing party may seek a protective order and engage in other efforts to minimize the required disclosure. The parties shall cooperate fully in seeking such protective order and in engaging in such other efforts.

5.4. Ownership of Confidential Information. Nothing in this Agreement shall be construed to convey any title or ownership rights to the Services, the Healthcom Media MoBolt Software used internally by Healthcom Media to provide the Services, or other Confidential Information to Customer or to any patent, copyright, trademark, or trade secret embodied therein, or to grant any other right, title, or ownership interest to the Healthcom Media Confidential Information. Neither party shall, in whole or in part, sell, lease, license, assign, transfer, or disclose the Confidential Information to any third party and shall not copy, reproduce or distribute the Confidential Information except as expressly permitted in this Agreement. Each party shall take every reasonable precaution, but no less than those precautions used to protect its own Confidential Information, to prevent the theft, disclosure, and the unauthorized copying, reproduction or distribution of the Confidential Information.

5.5. Non-Disclosure. Each party agrees at all times to keep strictly confidential all Confidential Information belonging to the other party. Each party agrees to restrict access to the other party’s Confidential Information only to those employees or Subcontractors who (i) require access in the course of their assigned duties and responsibilities; and (ii) have agreed in writing to be bound by provisions no less restrictive than those set forth in this Section. Notwithstanding the foregoing, Healthcom Media may honor subpoenas, search warrants, or law enforcement or court-mandated requests to reveal a Customer or job applicant’s properly requested information.

5.6. Injunctive Relief. Each party acknowledges that any unauthorized disclosure or use of the Confidential Information would cause the other party imminent irreparable injury and that such party shall be entitled to, in addition to any other remedies available at law or in equity, temporary, preliminary, and permanent injunctive relief in the event the other party does not fulfill its obligations under this Section.

5.7. Suggestions/Improvements to Services. Notwithstanding this Section, unless otherwise expressly agreed in writing, all suggestions, solutions, improvements, corrections, and other contributions provided by Customer regarding the Services or other Healthcom Media materials provided to Customer shall be owned by Healthcom Media, and Customer hereby agrees to assign any such rights to Healthcom Media. Nothing in this Agreement shall preclude Healthcom Media from using in any manner or for any purpose it deems necessary, the know-how, techniques, or procedures acquired or used by Healthcom Media in the performance of services hereunder.

5.8. Data Usage. Healthcom Media has the right to use the data provided by Customer or its applicants or otherwise derived from such data, as provided in the Healthcom Media Cookie Policy, Privacy Policy and General Terms, each as amended from time to time, and further Healthcom Media may disclose the same in aggregate.

6. WARRANTY

6.1. Authorized Representative. Customer and Healthcom Media warrant that each has the right to enter into this Agreement and that the Agreement shall be executed by an authorized representative of each entity.

6.2. Customer Warranty. Customer hereby represents and warrants:

6.2.1. By making use of the Services, posting material via the Services, posting links via the Services, or otherwise making (or allowing any third party to make) material available by means of the Services (any such material, “Content”), the Customer is entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, a video file, a data feed, or any other content type.

6.2.2. The downloading, copying and use of the Content shall not infringe the privacy rights or proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

6.2.3. The Customer has fully complied with any third-party licenses relating to the Content, and has done all things necessary to successfully pass through to end users any required terms;

6.2.4. The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

6.2.5. The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

6.2.6. The Content is not pornographic, does not contain threats or incite violence towards individuals or entities, does not promote illegal activity, and does not violate the privacy or publicity rights of any third party;

6.2.7. The Healthcom Media recruitment marketing platform provided through the Services will not be advertised via unsolicited electronic messages such as spam links on newsgroups, email lists, blogs and websites, and similar unsolicited promotional methods;

6.2.8. The Healthcom Media recruitment marketing platform provided through the Services is not named in a manner that misleads its users or visitors into thinking that the Customer is another person or company, which it does not have permission to represent.

6.2.9. By submitting Content for inclusion in its recruitment marketing platform, the Customer grants Healthcom Media a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing and promoting same recruitment marketing platform. If the Customer deletes Content, Healthcom Media shall use reasonable efforts to remove it from the Healthcom Media Mobolt Software used internally by Healthcom Media to provide the Services, but the Customer acknowledges that caching or references to the Content may not be made immediately unavailable. The Customer retains all ownership and copyright to its Content.

6.3. Disclaimer of Warranties. Customer acknowledges and agrees that it is not relying on any statement or warranty not expressly provided herein with respect to the Services or maintenance, or other services provided hereunder. Customer acknowledges and agrees that Healthcom Media has no control of availability of the Services on a continuous or uninterrupted basis. In no event shall Healthcom Media be liable to Customer under contract or tort or under any other theory in the event of the Services being inaccessible or inoperable for any reason whatsoever. EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND Healthcom Media MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

6.4. No Modifications. Notwithstanding anything to the contrary in this Section, any and all warranties under this Agreement are VOID if Customer has gained access to and made changes to the Healthcom Media MoBolt Software or has permitted any changes to be made other than by or with the express, written approval of Healthcom Media.

7. LIMITATION OF LIABILITY & INDEMNIFICATION

7.1. Liability Cap. IN NO EVENT SHALL Healthcom Media BE LIABLE TO CUSTOMER FOR ANY AMOUNT GREATER THAN THE COMPENSATION PAID BY CUSTOMER TO Healthcom Media UNDER THE AGREEMENT IN THE SIX (6) MONTH PERIOD PRIOR TO THE CLAIM THAT GAVE RISE TO THE DAMAGES (“CAP”) AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. CUSTOMER’S SOLE REMEDY IN CONNECTION WITH Healthcom Media’S BREACH OF THIS AGREEMENT SHALL BE THE NUMBER OF CLICKS EQUIVALENT TO THE CASH VALUE OF THE CAP.

7.2. Disclaimer of Damages. IN NO EVENT SHALL Healthcom Media BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWEVER CAUSED INCLUDING, BUT NOT LIMITED TO, BUSINESS INTERRUPTION OR LOSS OF PROFITS, BUSINESS OPPORTUNITIES, OR GOODWILL EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. CUSTOMER MAY NOT ASSERT ANY CLAIM AGAINST Healthcom Media RELATED TO THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER SUCH CLAIM ACCRUED.

7.3. Indemnification. Customer shall defend, indemnify and hold Healthcom Media and its affiliates and their employees, officers, members, and agents harmless, from and against any and all losses, damages, liabilities, claims, demands, suits, expenses and any other out-of-pocket costs (including reasonable attorneys’ fees and expenses) which Healthcom Media may incur or be liable for arising out of any claim, suit or proceeding made or brought against Healthcom Media based upon, arising out of, or relating to (i) Customer’s breach of any representation or warranty contained herein; (ii) Customer’s job postings or other content provided via the Services; or (iii) Customer’s use of the Services.

7.4. If the Healthcom Media MoBolt Software used internally by Healthcom Media to provide the Services or the Services becomes, or in Healthcom Media’s opinion is likely to become, the subject of an infringement claim, Healthcom Media may, at its option and sole discretion, (i) obtain for Customer the right to continue to use the Services as provided in this Agreement; (ii) replace the Services with another service that provides similar functionality; or (iii) if Healthcom Media determines that neither of the foregoing options are reasonably available, Healthcom Media may terminate this Agreement as to the infringing Services and will refund to Customer any prepaid fees for which services have not been rendered. The foregoing remedies are Customer’s sole remedies if any of the Services are found, or likely to be found, to infringe on an intellectual property right.

8. TERM AND TERMINATION

8.1. Term. The term of this Agreement shall be as stated in any IO.

8.2. Termination by Healthcom Media. This Agreement and any IO provided hereunder may be terminated by Healthcom Media: (i) on five (5) days written notice to Customer if Customer fails to perform any material obligation required of it hereunder; (ii) if Customer files a petition for bankruptcy or insolvency, has an involuntary petition filed against it, commences an action providing for relief under bankruptcy laws, files for the appointment of a receiver, or is adjudicated a bankrupt concern.

8.3. Termination by Customer. This Agreement may be terminated by Customer on five (5) days written notice for any or no reason.

8.4. Termination. Upon termination of this Agreement, Customer shall no longer be provided the Services and shall no longer have any access to or any right in use of the Services or the Customer Healthcom Media MoBolt Website.

8.5. Other Remedies. Termination of this Agreement shall not limit either party from pursuing other remedies available to it, including injunctive relief, nor shall such termination relieve Customer’s obligation to pay all fees that have accrued or are otherwise owed by Customer under this Agreement.

9. MISCELLANEOUS

9.1. Compliance With Laws. Customer agrees to comply with all applicable laws, regulations, and ordinances relating to its performance under this Agreement. The parties agree that the Agreement shall not be governed by the United Nations Convention on the International Sale of Goods or by UCITA, the application of which is expressly excluded.

9.2. Relationship Between Customer and Healthcom Media. Healthcom Media represents and warrants that it is an independent contractor with no authority to contract for Customer or in any way to bind or to commit Customer to any agreement of any kind or to assume any liabilities of any nature in the name of or on behalf of Customer. Under no circumstances shall Healthcom Media hold itself out as or be considered an agent employee, joint venture, or partner of Customer. Healthcom Media will perform the Services and will determine, in its sole discretion, the manner and means by which the Services are accomplished, subject to the requirement that Healthcom Media shall at all time comply with the applicable law. Customer has no right or authority to control the manner or means by which the Services are accomplished. Healthcom Media agrees to furnish all tools and materials necessary to accomplish the Services.

9.3. Assignment. Customer may not assign or otherwise transfer this Agreement or any IO provided hereunder whether by operation of law, change of control, or in any other manner, without the prior written consent of Healthcom Media. Any assignment or transfer in violation of this Section shall be null and void.

9.4. Survival. The provisions set forth in Sections 4, 5, 6.2, 6.3, 7, 8.4, and 9 of this Agreement shall survive termination or expiration of this Agreement and any applicable IO hereunder.

9.5. Notices. Any notice required under this Agreement shall be given in writing and shall be deemed effective upon delivery to the party to whom addressed. All notices shall be sent to the applicable address specified on the face page hereof or to such other address as the parties may designate in writing.

9.6. Force Majeure. Except for Customer’s payment obligations, nonperformance of either party shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental action, failure of suppliers, earthquake, or any other reason where failure to perform is beyond the reasonable control of the non-performing party.

9.7. Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all proposals and prior discussions and writings between the parties with respect thereto. For purposes of this Agreement, use of a facsimile, e-mail or other electronic medium shall have the same force and effect as an original signature.

9.8. Modifications. The parties agree that this Agreement cannot be altered, amended or modified, except by a writing signed by an authorized representative of each party.

9.9. Publicity. Healthcom Media shall retain the right to publish and display Customer’s logo and name in Healthcom Media’s portfolio and website, and in periodicals and other media or exhibits for the purposes of recognition of excellence or professional advancement or as part of a customer list. Either party, subject to the other’s approval in writing, may describe its role in relation to this Agreement and, if applicable, the services provided to the other party on its website and in other promotional materials, and, if not expressly objected to, include a link to the other party’s website. Customer shall not release any publications or press releases about the relationship between Healthcom Media and Customer governed by the terms of this Agreement without the prior consent of Healthcom Media.

9.10. No Waiver. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.

9.11. Severability and Reformation. Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.

9.12. Choice of Law. THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED BY THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO THE CONFLICTS OF LAW PROVISIONS OF ANY STATE OR JURISDICTION. ANY ACTION ARISING OUT OF, OR RELATED TO, THIS AGREEMENT SHALL BE BROUGHT IN THE STATE OR FEDERAL COURTS LOCATED IN AUSTIN, TEXAS AND EACH PARTY HEREBY SUBMITS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS.

9.13. Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be determined by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Rules, including the optional rules regarding emergency relief. The number of arbitrators shall be one (1), and the place of arbitration shall be Austin, Texas, U.S.A., and the language of the arbitration shall be English. The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator.

Healthcom Media Vulnerability Reward Program

Program Description

As part of Healthcom Media’s commitment to the security of our job seekers, advertisers, and publishers, we partnered with Bugcrowd to launch our Vulnerability Reward Program. Detailed rules and information about the scope of this bounty program are available on our Bugcrowd page. If you are a whitehat researcher that believes you have discovered a vulnerability in an Healthcom Media product or have any other security inquiries, please sign up as a Bugcrowd Tester to be included in Healthcom Media’s Vulnerability Reward Program. Vulnerabilities submitted outside of Bugcrowd will not be considered.

Legal Notes

Healthcom Media will not issue rewards to researchers from countries on sanctions lists (e.g. – Cuba, Iran, North Korea, Sudan, and Syria). There may be additional restrictions on your ability to enter depending upon your local laws. Your testing must not violate any law, or disrupt or compromise any data that is not your own.

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