Fusion Healthcare Staffing, L.L.C.
Last Updated: July 27th, 2020
- Website and Services Generally
The Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using our Website, you represent and warrant that you are of legal age to form a binding contract with us, and if you are acting on behalf of another person, that you have the legal power and authority to do so. If you do not meet these requirements, do not access or use our Website.
Fusion is a healthcare staffing company engaged in the facilitating the placement of temporary and permanent physicians and advanced practitioners with healthcare facilities across the United States.
- Accessing Your Account and Account Security
You may have the opportunity to create an account on or through the Website. If you choose, or are provided with, a username, password, or any other access credentials or information as part of our security procedures in order to access the Website or other resources offered through our Website, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your account or access credentials, or any other breach of security of which you may become aware. You agree to use particular caution when accessing the Website or any account available through the Website from a public or shared computer to ensure that others are not able to view or record your access credentials or other personal information. You are responsible for all submitted content and activity through your account. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
We reserve the right to withdraw or amend our Website and any service or other material available through our Website, in whole or in part, in our sole discretion and without notice. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users with accounts. We will not be liable to you or any third party if, for any reason, all or any part of our Website is inaccessible to you or generally unavailable at any time or for any period.
- Online Materials and Trademarks
Our Website and all of the content featured on our Website, including its text, software, logos, trademarks, service marks, trade names, images, artwork, photos, illustrations, the “look and feel” of the Website, audio and video clips, music, and other content and materials (“Online Material(s)”) are owned by Fusion, our affiliates, or our or their licensors and are protected by intellectual property and applicable laws. Subject to compliance with these Terms, we hereby grant to you a limited, non-exclusive, non-transferable, non-sublicensable right and license to access and use our Website solely for your personal, non-commercial purposes. You are not granted any rights in or to the Website and its contents, other than the limited right to use the Website according to these Terms, and all rights not expressly granted are reserved by us.
You may only use our Website provided that you (a) retain all copyright, trademark and propriety notices; (b) make no modifications to the Online Materials; (c) do not use the Online Materials in a manner that suggests an association with any of our services, events or brands; and (d) do not download or use the Online Materials for commercial purposes. You may not copy, reproduce, republish, upload, post, create derivative works of, publicly display, transmit or distribute Online Materials in any way or for any other purpose without our prior written permission. Any attempts to modify any Online Materials, or to defeat or circumvent our security features is prohibited. Any use of our Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The Fusion Healthcare Staffing name and logo and all related trademarks, service marks, logos, service names, designs, and slogans are trademarks of Fusion, its affiliates, or its or their licensors and are registered service marks of Fusion Healthcare Staffing, L.L.C. in the United States Patent and Trademark Office. All other names, logos, service names, designs, and slogans on this Website are the trademarks of their respective owners. You may not use any trademarks or other marks or branding on our Website without the prior written permission of the appropriate owner.
- Your Use of the Website
You agree to comply with all applicable laws and regulations regarding your access to and use of the Website. You represent and warrant that you have the right to provide and use all information, content, and data that you provide to the Website. You agree not to use the Website: (a) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries); (b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (c) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (d) to transmit, or procure the sending of, any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (e) to impersonate or attempt to impersonate Fusion, a Fusion employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); (f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Fusion or users of the Website, or expose them to liability.
Additionally, you agree not to use the Website in any way that: (i) is fraudulent or deceptive; (ii) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any third party (including, without limitation, the rights of publicity or other proprietary rights); (iii) uses technology or other means not authorized by Fusion; (iv) introduces or attempts to introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful or any other computer code, files, or programs that may harm, interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; (v) gains or attempts to gain unauthorized access to Fusion or third-party systems or user accounts or to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website, including attempts to overburden Fusion’s servers or networks; (vi) encourages or constitutes conduct that could give rise to a criminal offense or civil liability; (vii) attacks the Website via a denial-of-service attack or a distributed denial-of-service attack; (viii) fails to comply with applicable third-party terms (e.g., wireless carrier terms of service); (ix) uses any manual process, or any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (x) uses any device, software, or routine that interferes with the proper working of the Website; or (xi) otherwise attempts to interfere with the proper working of the Website. Fusion reserves the right to bring legal action against you if you engage in use that violates these Terms.
Except as expressly permitted by these Terms, you shall not: (A) copy the Website; (B) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Website; (C) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Website or any part thereof; (D) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Website, including any copy thereof; (E) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Website, or any features or functionality of the Website, to any third party for any reason, including by making the Website available on a network where it is capable of being accessed by more than one device at any time; (F) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Website; or (G) use the Website in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any safety-critical Websites, medical or life-support systems, or environments.
- Monitoring and Enforcement
We have the right, but not the obligation, to monitor the Website, and we have the right to review, edit, or remove content, materials, or links provided by you or third parties through the Website. We have the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of our Website. We also reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, in our sole discretion. YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by you or anyone else. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
- Termination; Survival
You may terminate these Terms by discontinuing your use of the Website and deleting all versions of the Website and its content that you may have downloaded. Fusion may terminate these Terms and discontinue its service offerings at any time without notice, which Fusion may do in its sole discretion. In addition, these Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms. Upon termination, all rights granted to you under these Terms will also terminate, and you must cease all use of the Website. Termination will not limit any of Fusion’s rights or remedies at law or in equity.
Sections 1, 4, 6, 8, 9, 10, 12, 13, 14, 15, 16, and 19 through 24, shall survive any termination or expiration of these Terms.
- Reliance on Information Posted
The information and resources, including but not limited to forms and documents, presented on or through our Website are made available solely for general education and information purposes. We do not warrant the accuracy, completeness, or usefulness of this information or any resources. Any reliance by you on our Website information and resources is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Website, or by anyone who may be informed of any of its contents.
Our Website may include content provided by third parties, including materials provided by other users and third-party licensors. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Fusion, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
- Changes and Updates to our Website
Fusion may from time to time in its sole discretion develop and provide Website updates, which may include upgrades, bug fixes, patches, other error corrections, or new features. We may also update the content and information available on our Website from time to time. However, you agree that Fusion has no obligation to provide any updates or to continue to provide or enable any particular information, features or functionality, and you recognize and agree that the information, materials, and content on our Website are not necessarily complete or up to date with the latest information and data.
- Submitting Your Online Material to Us
All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered in connection with your use of the Websites (collectively, “Feedback”) shall be the exclusive property of Fusion. Your disclosure, submission or offer of any Feedback constitutes, and you hereby assign and grant, an absolute assignment to Fusion of all worldwide rights, titles and interests in and to the Feedback and all copyrights and other intellectual property rights therein. You hereby waive all moral rights in any Feedback in favor of Fusion. Fusion shall not be limited in any way in its use, commercial or otherwise, of any Feedback, and may use, or decline to use, any Feedback without further obligation or payment to you. We may, but are not obligated to, at our option and in our sole discretion, use, post, distribute, critique, quote from, respond to, characterize, or refer to your Feedback or any portion thereof in whole or in part. You are and shall remain solely responsible for the content of any Feedback you offer or submit. YOU ACKNOWLEDGE AND AGREE THAT YOU SHOULD NOT POST OR SUBMIT ANY PERSONAL INFORMATION, INCLUDING PROTECTED HEALTH INFORMATION, IN CONNECTION WITH PROVIDING ANY FEEDBACK.
- Warranties Disclaimed
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, FUSION PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE, OR RESULTS OF USE THEREOF, WILL MEET YOUR ANY OTHER PERSON’S REQUIREMENTS; ACHIEVE ANY INTENDED RESULTS; BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, BROWSERS, OR SERVICES; OPERATE WITHOUT INTERRUPTION; MEET ANY PERFORMANCE, RELIABILITY, OR INDUSTRY STANDARDS OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE; OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. NEITHER FUSION NOR ANY PERSON ASSOCIATED WITH FUSION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER FUSION NOR ANYONE ASSOCIATED WITH FUSION REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL CLAIMS BASED ON OR RELATED TO THE FOREGOING.
- Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL FUSION, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, LICENSORS, AND SERVICE E LIABLE TO YOU OR ANY THIRD PARTY FOR (I) ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SERVICES, INCLUDING ANY BODILY INJURY, HARM, LOSS OF LIFE, OR IMPAIRMENT TO HEALTH OR WELLBEING THAT MAY ARISE OUT OF OR RESULT FROM THE USE OF, OR FAILURE TO USE, THE SERVICES; (II) LOST REVENUES OR PROFITS; (III) DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, REPUTATION, OR GOODWILL; (IV) LOSS OR CORRUPTION OF DATA; (V) LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; (VI) FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; (VII) FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION; (VIII) SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; (IX) BREACHES IN SYSTEM SECURITY; (X) ANY ERRORS OR OMISSIONS IN THE SERVICES; (XI) YOUR RELIANCE ON ANY SERVICES OR CONTENT; OR (XII) ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT FUSION WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL FUSION’S AND ITS AFFILIATES’, INCLUDING ANY OF ITS OR THEIR RESPECTIVE LICENSORS’ AND SERVICE PROVIDERS’, COLLECTIVE AGGREGATE LIABILITY ARISING OUT OF, UNDER, OR IN CONNECTION WITH THESE TERMS OR THEIR SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO FUSION IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM. THE LIMITATIONS SET FORTH IN THIS LIMITATION OF LIABILITY SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL THEIR ESSENTIAL PURPOSE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF FUSION SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless Fusion, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms or any representation or warranty contained herein; (b) your use of the Website, including, but not limited to, your use of information obtained from the Website, your connection to the Website, your use of any third-party services or content through the Website, and any activity related to access or use of your account by you or any other person; (c) your violation of any third party right, including without limitation any intellectual property or privacy rights; or (d) your violation of applicable law in connection with the use of our Website or services.
Fusion reserves the right, in its discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Fusion in asserting any available defenses, and you will reimburse Fusion for all costs incurred in its assumption of the defense.
- Linking to our Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content with which they are displayed. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause our Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.
- Link to any part of our Website other than the homepage.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
- Links to Other Websites
We sometimes provide referrals to and links to other websites from our Website. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our Website. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a Fusion operated site or have moved to another site. Fusion is not responsible for the content or practices of third-party sites that may be linked to our Website. When Fusion provides links or references to other websites, no inference or assumption should be made and no representation should be inferred that Fusion is connected with, operates or controls these websites.
- Governing Law and Venue
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be subject to the exclusive jurisdiction of the appropriate courts located in the state of Utah. You hereby waive any and all objections and irrevocably and unconditionally consent to jurisdiction in such courts and venue.
- Any other disputes will be resolved as follows:
If a dispute arises under this agreement, you agree to first try to resolve the dispute with us through the help of a mutually agreed-upon mediator in a mutually agreed upon location in Utah. Any costs and fees other than attorneys’ fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, either party may seek to resolve the dispute through any other legal means available, including suit in court.
- Waiver and Severability
No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent, such that the remaining provisions of these Terms shall continue in full force and effect.
- Electronic Communications, Transactions and Signatures
Visiting our Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on our Website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA OUR WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. We may provide notice to you under these Terms by posting the notice to our Website or by email to the email address that you provide. It is your responsibility to keep your email address current.
- Our Contact Information
Fusion Healthcare Staffing, L.L.C.
11339 South 700 East
Sandy, UT 84070