Terms of Use and Legal Disclaimer

(Updated August 3, 2018)

AGREEMENT BETWEEN USER AND MEDIX

This website is composed of various web pages operated by Medix Staffing Solutions, Inc., and/or its affiliates, subsidiaries, and divisions (“Medix”). A “Medix Website” shall be defined herein to include medixteam.com and all other web pages operated or hosted exclusively by Medix (“Services”).

The Medix Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (“Terms”). Your use of the Medix Website constitutes your agreement to all such terms, conditions, and notices. Please read these terms carefully, as they may have changed since your last visit. If you do not accept these Terms, please discontinue using this site.

By using this site, you agree to indemnify, defend, and hold harmless Medix from any damages, losses, liabilities, fines, claims, suits, fees, or any costs of defense (“Claim”), including but not limited to, attorneys’ fees and court costs, resulting directly or indirectly from a Claim by a third party that is based on your use of this site in violation of these Terms.

MODIFICATION OF THESE TERMS OF USE

Medix reserves the right to change the terms, conditions, and notices under which the Medix Website is offered in our sole discretion, including but not limited to, the changes associated with the use of the Medix Website. Your continued use of the Medix Website following the posting of revised Terms of Use means that you accept and agree to the changes.

You may not use the Medix Website and may not accept the Terms if you are a person barred from using services that Medix provides under the laws of any country in which you are resident or from which you use the Services.

LINKS TO THIRD PARTY SITES

The Medix Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Medix, and Medix is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Medix is not responsible for webcasting or any other form of transmission received from any Linked Site. Medix is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Medix of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Medix Website, you warrant to Medix that you will not use the Medix Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Medix Website in any manner which could damage, disable, overburden, or impair the Medix Website or interfere with any other party’s use and enjoyment of the Medix Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Medix Website, including, but not limited to, data mining, robots, or similar data gathering and extraction tools.

PASSWORDS AND ACCOUNT SECURITY

Some products or services offered by a Medix Website may require a username/login and password. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Medix for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Medix immediately at privacyofficer@medixteam.com. You agree to not share private access to the Medix Website.

USE OF COMMUNICATION SERVICES

The Medix Website may contain bulletin board services, chat areas, news groups, forums, commentary services, communities, personal web pages, calendars, membership directory, and/or other message or communication facilities (collectively, “Communication Services”) designed to enable you to communicate with an individual, the public at large, or with a group. You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. To use the Communication Services you represent and warrant that you are at least of thirteen (13) years of age.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Advertise or offer to sell or buy any goods or services for any business purpose;
  • Solicit for any open jobs or positions, either temporary or permanent, or make any other type of solicitation Medix deems to be inappropriate;
  • Use Communication Services for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives;
  • Conduct or forward surveys, contests, pyramid schemes, or chain letters;
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information;
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
  • Falsify or delete any author attributions, legal, or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • Harvest or otherwise collect information about others, including email addresses, without their consent;
  • Interfere with or disrupt the integrity or performance of the Communication Services, any portion or contents thereof, or related systems or networks;
  • Use the Communication Services in any way which degrades their reliability, speed, or operation, or their underlying hardware or software;
  • Restrict or inhibit any other user from using and enjoying the Communication Services;
  • Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service;
  • Violate any applicable laws or regulations.

Medix has no obligation to monitor the Communication Services. Medix cannot verify the accuracy of statements that users make or place on or through the Communication Services, and does not guarantee that any User Materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with these Terms.

All comments, concerns, and notices of violations of these Terms of Use can be made to legal@medixteam.com. If you have a concern about copyright ownership to any information posted on Medix’s website, please refer to the DMCA provisions below.

However, Medix reserves the right to:

  • Review materials posted to a Communication Service and to remove or edit any materials in its sole discretion, including those in violation of these Terms.
  • Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Medix Website.
  • Change, terminate, or suspend the Communication Services, any features of the Communication Services, and any content or materials contained in the Communication Services, in any way, at any time and for any reason or no reason. Medix also has the right to require you to cease accessing any features, content, or materials of the Communication Services.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO MEDIX OR POSTED TO ANY MEDIX WEBSITE

Medix does not claim ownership of the materials you provide to Medix (including feedback and suggestions) or post, upload, input, or submit to any Medix Website (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting Medix and necessary sub-licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; none of which will reveal your name in connection with your Submission unless you, the individual user, either voluntarily provide your name within the materials publically or agree to permit such in a separate agreement with Medix.

No compensation will be paid with respect to the use of your Submission, as provided herein. Medix is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Medix’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

TERMINATION/ACCESS RESTRICTION

Medix reserves the right, in its sole discretion, to edit, refuse to post, or remove any information or materials, in whole or in part, or to terminate your access to the Medix Website and the related services or any portion thereof at any time, without notice.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MEDIX WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MEDIX AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES TO THE MEDIX WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE MEDIX WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

MEDIX AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE MEDIX WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MEDIX AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEDIX OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MEDIX WEBSITE, WITH THE DELAY OR INABILITY TO USE THE MEDIX WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR RELATED GRAPHICS OBTAINED THROUGH THE MEDIX WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MEDIX WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF MEDIX (OR ANY OF ITS SUPPLIERS) HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MEDIX WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MEDIX WEBSITE.

COPYRIGHT AND TRADEMARK

This site and all the information it contains, or may in the future contain, including, but not limited to, articles, white papers, press releases, opinions, text, directories, guides, photographs, illustrations, trademarks, trade names, service marks and logos (collectively, the “Content”), is the property of Medix and is protected from unauthorized copying and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws.

Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this site or any Content displayed on this site, through the use of framing or otherwise, without the prior written permission of Allegis Group or such third party that may own the trademark or copyright of material displayed on this site.

Subject to your full compliance with these terms, Medix authorizes you to view the Content, make a single copy of it, and print that copy, but only for your own lawful, personal, noncommercial use, provided that you maintain all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified.

INTERNATIONAL USERS

Medix makes no claims regarding access or use of the Website or Medix content outside of the United States. If you use or access the Website or Medix content outside of the United States, you are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms.

PRIVACY AND PERSONAL INFORMATION

For information about Medix data protection practices, please read Medix’s Privacy Notice. This notice explains how Medix treats your personal information, and protects your privacy, when you use the Services. You agree to the use of your data in accordance with Medix’s Privacy Notice.

TEXT MESSAGE (SMS) TERMS OF USE

Your use of the SMS text message and alert service, including specifically but not limited to, Sparks, (“SMS Service”) is governed by the terms and conditions below. Use of the SMS Service constitutes your acceptance of these terms, which take effect when you sign up for the SMS Service or provide your telephone number and begin an employment assignment with Medix. If you do not agree to these terms, then you should not sign up for the SMS Service.

Opting In

By subscribing, you consent to receiving SMS Service messages including notification or informational text messages about recruitment, employment-related, and marketing messages. These SMS messages may come from Medix for its own purposes, from Medix on behalf of a particular client, or from an automated system Medix has provided specific authorization to for these purposes on its behalf. The frequency of SMS messages varies. You represent that you are the owner or authorized user of the wireless device you use to subscribe to the Service and that you are authorized to approve any applicable charges.

Opting Out

You can unsubscribe at any time from all texts by texting “STOP” to (312) 626-0495.

About the Text Message Services.

Your wireless carrier’s standard messaging rates apply to your entry or submission message, our confirmation, and all subsequent SMS correspondence.

Data obtained from you in connection with the SMS Service may include your mobile phone number, your carrier’s name, and the date, time, and content of your messages and other information that you may provide. We may use this information to contact you with notifications or to provide information you request from us, and to otherwise operate, develop, and improve the SMS Service or your overall experience with Medix or a particular client. Your wireless carrier and other service providers may also collect data from your SMS usage, and their practices are governed by their own policies. In accordance with other data collected and transmitted by Medix, we reserve the right to disclose any information as necessary to apply with applicable laws, investigations, audits, or regulations in order to limit liability, protect our rights or the rights of clients, or protect our property, assets, or interests.

We reserve the right to alter and/or change these terms and conditions from time to time. We may discontinue the Service at any time. The Medix Privacy Notice applies to the SMS Service.

GENERAL LEGAL TERMS

Medix has affiliated legal entities in the US and around the world (“Subsidiaries and Affiliates”). Sometimes, these organizations will be providing the Services to you on behalf of Medix. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.

As part of Medix’s continuing innovation, you acknowledge and agree that Medix may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Medix’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Medix when you stop using the Services.

You acknowledge and agree that if Medix disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.

You agree that if Medix does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Medix has the benefit of under any applicable law), this will not be taken to be a formal waiver of Medix’s rights and that those rights or remedies will still be available to Medix.

Unless Medix has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use the Software. This means also that you shall not share your password or member access with non-members or ineligible members.

When these Terms come to an end, all of the legal rights, obligations, and liabilities that you and Medix have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force), or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations, and liabilities indefinitely.

If any disagreement or dispute arises regarding these Terms or any rights or obligations conveyed hereunder, the disagreement shall be resolved, whenever possible, by directly communicating, by email, telephonically, or in-person at each party’s expense,and conferring. If such efforts are unsuccessful, either you or Medix (collectively “Parties” or individually “Party”) shall seek a resolution via binding arbitration, to be conducted in Cook County, Illinois and in accordance with the then-prevailing rules of the American Arbitration Association. Any award conferred shall be enforceable in any court of suitable jurisdiction in Cook County, Illinois. The arbitration requirement does not apply to requests for injunctive relief.

Parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, both Parties each waive any right to a jury trial. Parties both agree that either Party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

The Terms, and your relationship with Medix under the Terms, shall be governed by the laws of the State of Illinois, USA, without regard to conflict of law provisions. You and Medix agree to submit to the exclusive jurisdiction of the courts located within Cook County, Illinois to resolve any legal matter arising from the Terms. Notwithstanding the foregoing, you agree that Medix shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, which will remain in full force and effect.

CONTACTING US

If you have any questions or seek additional information for any topic discussed herein, you may contact Medix at privacyofficer@medixteam.com, or you may reach us by mail at:

  • Medix Staffing Solutions, Inc.
  • Attn: Privacy Officer
  • 222 S. Riverside Plaza, Suite 2120
  • Chicago, IL 60606