Terms of Use

1.                  ACCEPTANCE OF TERMS

Welcome to The Recruiter Academy Education Center Website (the “Website”) of Lean Human Capital by HealthcareSource, a service of HealthcareSource HR, Inc. (“Lean”).  You are authorized to use these services and resources only if you agree to these Terms of Use.  PLEASE NOTE: By using this Website, you are acknowledging your acceptance of these Terms of Use.

We may modify these Terms of Use at any time, and will post the modified Terms on this Website.  We will have no obligation to notify you of any such modifications, beyond posting the modified Terms on this Website.  It is your responsibility to review these Terms of Use from time to time, to see if modifications have been made.  Any modification is effective immediately upon posting on the Website.  Your continued use of the Website following modification of these Terms of Use shall be conclusively deemed to signify your acceptance of such modification.

2.                  COPYRIGHT

The Website is protected by U.S. and international copyright laws and treaties.  The Website contains copyrighted material, logos and other trademarks and other proprietary information of Lean and others which may include, but is not limited to text, data, photos, audio, video, graphics, images, music, sound and software (“Proprietary Material”).  Lean hereby grants you a non-exclusive license to access this Proprietary Material.  Lean also grants you a limited license to make paper and electronic copies of Proprietary Material available on this Website, but only for your personal, noncommercial use and not for distribution to or sharing with any other person.

Except as expressly provided in these Terms of Use, all rights in the Website and Proprietary Material are reserved to Lean.  Except as provided above, you may not reproduce, distribute, modify, adapt, create derivative works of, display or in any way exploit the Proprietary Material available on this Website, in whole or in part, without the advance written consent of Lean.  Use of any of the trademarks on this Website as metatags on other web sites is also strictly prohibited.  You may not make commercial use of any of the Proprietary Material, display this Website in frames, or display any of the Proprietary Material via links, without our express written permission, which you may request by contacting us at solutions@healthcaresource.com,

3.                  REGISTRATION AND LOG-IN

You may view and use certain materials and services through this Website only if you register and log in and, in some circumstances, only if you or your employer have paid a fee.  The materials in these paid or log-in protected sections, in addition to being protected by copyright as described in Section 2, are confidential to Lean.

You are responsible for maintaining the confidentiality of your login name and password and you accept responsibility for all activities, charges, and damages that occur under your account.  You are strictly prohibited from sharing your log-in information with your work colleagues or anyone else, or otherwise giving anyone else access to or use of those materials or any portion of them.   If you have reason to believe that someone is using your account without your permission, you should contact us immediately.  If you believe someone else would benefit from using these materials, please advise him to contact us, or have his employer contact us, at solutions@healthcaresource.com.

If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes. You may not access any age-restricted Services unless you are above the required age.

4.                  YOUR COMMUNICATIONS

By uploading files of any kind, posting messages, inputting data or engaging in any other form of communication to or through this Website (individually or collectively, “Communications”), you represent and warrant that you are the owner of such Communications or have all rights necessary to upload, post, transmit and otherwise use them for your intended purpose.  You grant Lean an irrevocable, perpetual, non-exclusive, royalty-free, unrestricted, worldwide license to reproduce, distribute, sub-license, modify, edit, adapt, translate, create derivative works of, include in a collective work, publicly perform or display, transmit, broadcast or otherwise exploit all or any portion of your Communications, in any and all media now known or later developed.  You waive all rights to any claim against Lean for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights and rights of attribution in connection with the Communications.

You may not post on this Website any Communications that (a) violate or infringe upon the intellectual property rights (including copyrights, trademarks, trade secrets and patents), rights of privacy or publicity, moral rights or any other proprietary right of any third party, (b) are unlawful, obscene, pornographic, defamatory, sexually explicit, profane, threatening, promote racism, bigotry, hatred or physical harm of any kind against any group or individual, or are otherwise offensive or objectionable, (c) contain a virus or any other harmful component, (d) falsely state or misrepresent your affiliation with any person or entity or contain false or misleading statements of fact, (e) contain any advertising or material of a commercial nature or (f) violate any applicable local, state, national or international law or regulation (individually and collectively, “Prohibited Communications”).

Lean reserves the right at all times to decline to post and to edit, remove, or restrict access to Communications from you that we regard in our sole discretion as objectionable or in violation of these Terms of Use.

5.                  MATERIAL POSTED BY THIRD-PARTIES

Lean does not represent, endorse or guarantee the truthfulness, accuracy or reliability of any opinion, statement or material displayed or distributed through this Website by a third party.  You understand that by using this Website you may be exposed to material you find offensive or objectionable, and in this respect your use of the Website and your reliance upon any third party opinion, statement or material displayed or distributed through this Website is at your own risk.  Lean shall have no responsibility for the conduct, on-line or off-line, of any visitor to or Member of the Lean Website.  Lean reserves the right but has no obligation to monitor Communications from visitors to or Members of this Website, or take any action to restrict access to material displayed or distributed through this Website by a third party that violates these Terms of Use.

6.                  LINKS

This Website contains links to web sites owned and operated by parties other than Lean.  Lean has no control over such third party web sites, is not responsible for their contents and makes no representations about any material available at such sites.  Our inclusion of links to such web sites is for your information only and does not imply sponsorship, affiliation or endorsement of the linked site or any material found there.  Once you link to another web site, you are subject to the terms of use of that web site.

7.                  DIGITAL MILLENNIUM COPYRIGHT ACT

Lean expects its users to respect the intellectual property rights of others.  We may remove material that appears in our sole discretion to infringe upon the intellectual property rights of others and/or we may terminate the access rights of users who infringe upon the intellectual property rights of others.  If you believe a work protected by a U.S. copyright you own appears on this Website without authorization, you may notify the Lean copyright agent, and provide the following information:

a.                   A physical or electronic signature of the person authorized to act on behalf of the copyright owner,

b.                  Identification of the copyrighted work or works claimed to have been infringed,

c.                   A detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL where the infringing material appears,

d.                  Your address, telephone number and e-mail address,

e.                   A statement by you that you believe in good faith that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law, and

f.                   A statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.

The Lean copyright agent can be reached at:

HealthcareSource HR, Inc.
100 Sylvan Lake Road, Suite 100
Woburn, MA 01801
Attn: Legal Department
 

8.                  PRIVACY STATEMENT

For information about our data protection practices, please read the Lean Privacy Policy.  You agree to the use of your data in accordance with the Lean Privacy Policy.

9.                  TERMINATION

Lean may terminate your right to access this Website at any time in its sole discretion, with or without cause, and without notice to you.

10.              DISCLAIMER OF WARRANTIES

THIS WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (A) ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY MATERIAL PROVIDED BY OR THROUGH THIS WEB SITE, (B) ANY WARRANTY THAT YOUR USE OF THIS WEB SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, AND (C) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

11.              LIMITATION OF LIABILITY

LEAN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LEAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF: (A) THE USE OR INABILITY TO USE THIS WEB SITE, (B) STATEMENTS OR CONDUCT, WHETHER ON-LINE OR OFF-LINE, OF ANY VISITOR TO OR MEMBER OF THIS WEB SITE, OR (C) ANY OTHER CONDUCT, ACT OR OMISSION OCCURRING AT THIS WEB SITE.

12.              INDEMNITY

You agree, at your expense, to defend, indemnify and hold harmless Lean, its directors, officers, employees and agents from any claim, demand, cause of action, debt or liability (including costs and reasonable attorneys’ fees) that arises out of material you access, download, submit, post, transmit or make available through this Website, your use of this Website, your violation of these Terms of Use, or your violation of any rights of another.

13.              GENERAL

These Terms of Use, together with the Lean Privacy Policy, constitute the entire agreement between you and Lean and govern your use of this Website, superseding any prior or contemporaneous representations or agreements.  All rights not otherwise expressly granted to you by these Terms of Use are reserved to Lean. All disputes arising out of or relating to these Terms of Use or our operation of this Website shall be governed by the laws of the Commonwealth of Massachusetts and of the United States without regard to conflict of law principles.  You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Massachusetts, provided that Lean shall be entitled to apply for injunctive relief in any jurisdiction.  The failure of Lean to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court should give effect to the parties’ intentions as reflected in such provision, and the other provisions of the Terms of Use shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.  The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.