TERMS OF USE

Last Revised: December 7, 2023

By using our Site, you agree to abide by these Terms. If you have any questions or concerns, please contact us. Thank you for choosing Maxim Healthcare Staffing Services, Inc.

Application of Terms of Use

These Terms of Use govern the usage of the websites and mobile application owned and managed by Maxim Healthcare Staffing Services, Inc. (“Maxim,” “we,” “our,” or “us”). Throughout these Terms, “Site” encompasses both websites and mobile applications, while “you” or “your” refers to individuals accessing the Site and those permitting others to provide their information to us. The Site offers a range of Services including information, documents, tools, products, accounts, and suggestions on product usage and purchase locations.

Binding Agreement

Your interaction with the Site constitutes a binding agreement between you and Maxim. It is imperative to carefully review all sections of these Terms as your access to and usage of the Site are subject to these Terms and all relevant laws. We retain the right to terminate your access to the Site in case of any violation of these Terms. By engaging with links, boxes, or icons within the Site, or by downloading a mobile application, you agree to these Terms, irrespective of completing a transaction with us or the mode of transaction. If you disagree with these Terms, please refrain from accessing or using the Site or any associated Services.

Arbitration and Legal Disputes

These Terms incorporate a mandatory arbitration clause along with waivers of class action and jury trial. Except for specified disputes outlined in the arbitration section or where prohibited by law, any conflicts between you and us concerning Site usage or Services will be settled through binding individual arbitration. This entails waiving your right to participate in class action lawsuits or class-wide arbitration. The arbitrator’s decision will have minimal court review, with arbitration procedures being simpler and more restricted compared to court rules.

Updates to Terms

We reserve the right to modify the content available on the Site at any time. Changes, updates, additions, or removals to these Terms may occur without prior notice by posting the revised Terms on the Site. While we endeavor to notify you of material changes to these Terms, it is not obligatory for us to do so. By continuing to use the Site after the Terms have been updated, you agree to the current Terms. It is your responsibility to regularly review these Terms.

Additional Agreements

Your usage of certain Services may be governed by supplementary agreements in addition to these Terms.

Privacy Policy

In addition to these Terms, we maintain a Privacy Policy. While it is separate from these Terms, we encourage you to review it to gain insights into managing, accessing, and deleting your information.

Accessing the Site and Services

We reserve the right to withdraw or modify the Site and any Services or Materials provided on it at our discretion and without notice. We shall not be liable for any unavailability of the Site, either wholly or partially, at any given time. We may, at our discretion and without notice, restrict access to certain parts or the entirety of the Site to users, including registered users.

User Responsibilities

You are responsible for:

Making necessary arrangements for Site access.
Ensuring that all individuals accessing the Site through your internet connection are aware of and compliant with these Terms.

To access the Site or specific resources, you may need to provide registration details or other information. It is imperative that all information you provide is accurate, current, and complete, and that you have the authority to provide such information.

Security Measures

If provided with a username, password, or any other security information, you must keep it confidential and not disclose it to others. You acknowledge that your account is personal to you and agree not to share access to the Site or its portions. You are solely responsible for any use of your account, authorized or unauthorized, and for any resulting damages. Immediate notification of any unauthorized access or breaches of security is required. It is important to sign out of or exit your account after each session, especially when using public or shared computers.

We reserve the right to disable any account identifiers, whether chosen by you or provided by us, at our discretion, particularly if we believe you have violated any provision of these Terms.

Your Interactions with the Site

When you transmit any content or communications to us via the Site or other electronic means, you grant us a perpetual, royalty-free, fully paid-up, worldwide, irrevocable, non-exclusive, freely transferable, and freely sublicensable license. This license allows us to utilize, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form. The purpose is to facilitate the provision of the Services and any tangentially related purposes. You will not receive compensation for the use of your communications. By providing such content, you assert that you own or have control over all rights to your submitted content and communications as described herein.

Electronic Correspondence

By utilizing the Site and/or its Services, you express consent to receiving electronic communications, including notices, from us. These communications may pertain to applicable fees and charges, transactional details, or other information related to the Site and/or Materials. These electronic communications form part of our relationship with you. You agree that any electronic notices, agreements, disclosures, or other communications from us will fulfill any legal communication requirements.

Permitted Usage

Upon accessing or using the Site, you agree to the following:

Your usage is governed by these Terms.
You will transact business with us only if you are at least eighteen (18) years old.
Usage of the Site is restricted to its Services offered in the normal course of business.
You will consistently act in accordance with the law, customs, and good faith.
You will comply with and be bound by these Terms as they are presented on the Site each time you access it.
Each use of the Site indicates your agreement to be bound by these Terms.
These Terms establish a legally binding agreement between you and us.

Additionally, you agree not to use the Site in any manner that:

Modifies the Site or its content or Services.
Compromises the integrity or operation of the Site.
Interferes with contractual relationships between us and our employees.
Is unlawful, harmful, or destructive.
Sends unsolicited commercial communications.
Transmits harmful computer codes or viruses.
Harvests email addresses.
Impersonates any person or entity.
Uploads objectionable content.
Violates intellectual property rights or privacy.
Transmits confidential information unlawfully.

We reserve the right to monitor the Site and may terminate access to your account and the Site if we deem any actions inappropriate or disruptive. Additionally, we may report illegal activities to law enforcement and cooperate with investigations.

Monitoring and Enforcement; Termination

We retain the right to:

Remove or decline to post any user contributions.
Take necessary actions regarding user contributions deemed inappropriate.
Disclose your identity to third parties claiming rights violations.
Pursue legal action for unauthorized Site use.
Suspend or terminate your access to the Site for any reason.

We may fully cooperate with law enforcement requests and hold harmless parties involved in investigations.

However, we cannot review all material before posting and assume no liability for any user-provided content. We are not liable for any activity described herein.

Reliance on Site Information

Information on the Site is provided for general purposes only. We do not guarantee the accuracy or completeness of this information. Your reliance on such information is at your own risk. We disclaim liability for any reliance placed on such materials.

Third-Party Links

The Site may contain links to Third-Party Sites. These sites have distinct privacy policies and terms. We do not endorse or verify Third-Party Sites and disclaim responsibility for their content or practices. Your use of Third-Party Sites is governed by their respective terms.

App Stores

Availability of our mobile application may rely on third-party platforms like the Apple App Store. While we are responsible for Service provision, these Terms may implicate third parties like Apple. Apple and its subsidiaries may enforce these Terms against you as a third-party beneficiary. Any conflicts between Apple’s terms and these Terms are resolved in favor of these Terms.

LINKING TO THE SITE 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 Site may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Site.
Send emails or other communications with certain content, or links to certain content, on this Site.
Cause limited portions of content on this Site 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 otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Site other than the homepage.
Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms.

You agree to cooperate with us to stop any unauthorized framing or linking immediately. 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 in our sole discretion and without notice.

FEDERAL AND STATE LAWS

The Site is operated from the U.S. and is intended for U.S. residents only. The Site is not approved for distribution outside of the U.S. and non-U.S. residents should not rely or act upon the information contained within. When using the Site, on the Site, or when using any content provided by us, you must obey all applicable U.S. federal, state, and local laws.

MINIMUM AGE

We do not allow persons under the age of eighteen (18) to use the Site. By using the Site, you represent and warrant that you are eighteen (18) years of age or over.

DISCLAIMER OF WARRANTIES

Your use of this Site is at your own risk. The Materials have not been verified or authenticated in whole or in part by us, and they may include inaccuracies or typographical or other errors. We do not warrant the accuracy or timeliness of the Materials contained on this Site. We have no liability for any errors or omissions in the Materials, whether provided by us, our licensors or suppliers or other users.

TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SITE, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY THIRD-PARTY GOODS OR SERVICES PROVIDED ARE SUPPLIED AS A CONVENIENCE TO YOU AND DO NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT ALLOWED BY LAW, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE MATERIALS, ANY CONTENT, OR OTHER POSTED MATERIALS ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

BY PROVIDING THE SERVICES ON THE SITE, WE DO NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. WE ARE ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE SITE AT ANY TIME, IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU.

LIMITATION OF LIABILITY

WE cannot guarantee the Site will be available one hundred percent (100%) of the time Because public networks, such as the internet, occasionally experience disruptions. Although WE STRIVE to provide the most reliable webSite reasonably possible, interruptions and delays in accessing the Site are unavoidable and WE DISCLAIM any liability for damages resulting from such problems.

NOTWITHSTANDING THE FOREGOING, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, THE MATERIALS, AND ANY CONTENT OR SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, FIFTY DOLLARS ($50).

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless us and our affiliates, employees, agents, representatives and third-party service providers, for any and all claims, demands, actions, liability, fines, penalties and expenses that may arise from any of your acts through the use of the Site. Such acts may include: (i) providing content to or communicating with us or our affiliates; (ii) unauthorized use of material obtained through the Site; (iii) engaging in a prohibited activity; or (iv) any other action that breaches these Terms.

COPYRIGHT COMPLAINTS

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us through the contact information provided in these Terms.

INJUNCTIVE RELIEF

You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, without prejudice to any other rights and remedies that may be sought under the mandatory arbitration provision of these Terms, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state or federal courts located in Maryland. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER

Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in the “Questions” section below.

In the event that we are not able to resolve a dispute, and with the exception of the claims for injunctive relief by us as described above and to the extent allowed by law, you hereby agree that either you or we may require any dispute, claim, or cause of action (“Claim”) between you and us or any third parties arising out of use of the Site, the Services, and any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. However, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the limit for a small claim under applicable state law or is not transferred, removed, or appealed from small claims court to any different court. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.

You and we agree that your use of the Services involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (1) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (2) the applicable statutes of limitations; and (3) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings.

If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court.

If this is a consumer-purpose transaction, the applicable rules will be the AAA’s Consumer Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879. If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted these Terms, you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.

If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer-purpose transaction.

Notwithstanding anything to the contrary in these Terms, and except as otherwise set forth in this paragraph, the agreement to arbitration may be amended by us only upon advance notice to you. If we make any amendment to this agreement to arbitration (other than renumbering the agreement to align with any other amendment to the Terms) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding or action against us prior to the effective date of the amendment. The amendment shall apply to all other Claims governed by this agreement to arbitration that have arisen or may arise between you and us. However, we may amend this agreement to arbitration and not provide you notice; in that case, the amendments will not apply to you and the agreement to arbitration contained in these Terms to which you agreed will continue to apply to you and us as if no amendments were made.

If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining Terms shall remain in full force and effect. This arbitration provision will survive the termination of your use of the Site, the Services, and any other actions with us.

You may reject this arbitration provision within thirty (30) days of accepting the Terms by emailing us at [email protected] and including in the subject line “Rejection of Arbitration Provision.”

OTHER TERMS

Merger. These Terms (which hereby incorporate by reference any other provisions applicable to use of the Site) constitutes the entire agreement between you and us and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and us with respect to the Sites and information, software, products and services associated with it.

Severability. If any term or provision in these Terms is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms in its entirety and the remainder of these Terms shall survive with the said offending provision eliminated.

Governing Law and Venue. These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, excluding its conflicts of law rules, and the United States of America. Except as set forth in the agreement to arbitration and without waiving it,, you agree that any dispute arising from or relating to the subject matter of these Terms (including but not limited to if you opt out of the agreement to arbitration) shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Maryland, except where the jurisdiction and venue are mandated by applicable assignment.

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without our prior written consent. We may freely assign our obligations and rights under these Terms, including all personal information in our possession that we have collected during your use of the Site as further described in our Privacy Policy.

No Waiver. No failure, omission or delay on the part of us in exercising any right under these Terms will preclude any other further exercise of that right or other right under these Terms.

Headings. Provision and section headings are for convenience of reference only and shall not affect the interpretation of these Terms.

Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site’s postings as accurate as possible, but we do not warrant the content of the Site is accurate, complete, reliable, current, or error-free.

QUESTIONS

If you have any questions or comments about these Terms or this Site, please contact us at:

Maxim Healthcare Staffing Services, Inc.
7223 Lee Deforest Drive
Columbia, MD 21046
ATTN: Privacy Officer
Phone: 866-297-2295
Fax: 410-910-1675