1. LEGALLY BINDING AGREEMENT AND ELIGIBILITY. Please read this Policy carefully before using the Cirrus Services. This Policy is a binding legal contact between Cirrus Medical Staffing, Inc. (“Cirrus”) and you. This Policy applies to you as a user of the Site. You do not need to register for the Service to use the Site, but your use of the Site and the Service is always subject to this Policy. By using the Site or the Services, you agree to be bound by this Policy. You agree that your use of the Cirrus Services will be subject to the most current version of this Policy at the time of such use. Only users, who are at least eighteen (18) years of age and register for the Service, may use the Service.
3. ACCEPTABLE USE. You may not use the Cirrus Services for anything other than a lawful and legitimate purpose. Regardless of the location from where the Site is used or accessed, you agree to comply with all applicable U.S. and other laws, regulations, statutes and ordinances in connection with the use of the Cirrus Services. Examples of prohibited uses include, without limitation: (a) violation of any proprietary, publicity, privacy, or other right; (b) disclosure of confidential or proprietary information without proper authorization; (c) downloading or otherwise exporting programs or content from the site in violation of U.S. export laws or intellectual property laws; and (d) transmission, storage, or knowing receipt of any obscene or pornographic material or engaging in any misleading, tortious, defamatory, libelous, or offensive activity. In addition, you agree not to attempt to damage, deny service to, hack, crack, reverse-engineer, disrupt, attack, flood, spam or otherwise interfere in any way (collectively, “Interfere”) with the operation of the Cirrus Services or related information systems. If you in any way Interfere with the Site or the operation of the Cirrus Services, you agree to pay all damages incurred by Cirrus or its licensors or providers, including any consequential damages, that result from the Interference. Your Interference with the Cirrus Services is a material breach of this Policy and relieves Cirrus of any of its contractual or other legal obligations to you, including Cirrus’s obligations (including its confidentiality obligations) under this Policy or any user agreement between you and Cirrus. Cirrus will cooperate with the authorities in prosecuting anyone who Interferes with the Cirrus Services, attempts to defraud any person through the utilization of the Cirrus Services or the information obtained related to the Cirrus Services YOU AGREE NOT TO CIRCUMVENT, OR FACILITATE A THIRD PARTY IN THE CIRCUMVENTION OF, ANY OF THE SITE’S PRIVACY OR SECURITY MEASURES.
4. DOWN TIME. Cirrus takes commercially reasonable measures so that the Cirrus Services are available without significant interruption, except for scheduled downtime needed to help maintain effective operation of the Cirrus Services. However, difficulties with hardware, software, equipment and services supplied by others may result in service interruptions. In no event will Cirrus be liable to any party for any loss, cost or damage that results from any period of down time of the Cirrus Services.
5. INFORMATION AND PRIVACY. Cirrus recognizes the importance of protecting the privacy of Cirrus users and wishes to provide efficient and relevant information to users of the Cirrus Services. In order to serve our customers, Cirrus collects and analyzes information provided by you when using the Site Service. REMEMBER THAT CERTAIN INFORMATION THAT IS DISCLOSED BY YOU WHILE USING THE CIRRUS SERVICES WILL BE UTILIZED BY CIRRUS AND DISCLOSED TO CERTAIN THIRD PARTIES IN ORDER TO FACILITATE THE CIRRUS SERVICES (E.G. THIRD PARTY PROVIDERS OF PORTIONS OF THE CIRRUS SERVICES SUCH AS BACKGROUND CHECKS). YOU UNDERSTAND AND AGREE TO SUCH DISCLOSURE. What Information is Collected Cirrus collects and analyzes information obtained from users of the Cirrus Services. This information includes, but is not limited to the following:
Personally Identifiable Information
By electing to become a registered user of the Service, you may provide personally identifiable information to Cirrus. “Personally identifiable information” is information that would allow someone to identify or contact you, including, for example, your name, address, telephone number or email address. Cirrus collects such personally identifiable information in order to provide the Cirrus Services to you.
Aggregate or Demographic Information
Cirrus may collect and analyze aggregate data assembled from information collected via the Site Service. Aggregate information is collected in order to better understand the demographics and usage patterns of all users of the Cirrus Services, so that Cirrus can provide the highest level of service to our customers. Such aggregate data is not generally personally identifiable or linked to a specific user.
IP Addresses and Cookies
Cirrus servers may automatically collect certain technical information about your use of the Cirrus Services. This may include collecting and logging IP addresses. Cirrus may collect IP addresses for system administration, security and statistical analysis. An IP address is a number that is assigned to a computer whenever it is communicating over the Internet. Cirrus and its internet service provider may log these IP addresses and analyzes them to understand where requests originate. In addition, Cirrus may use a feature of your web browser called a “cookie” to assign an identification number that automatically identifies your computer when you visit the Site. In connection with the Site Service, cookies may be used to store your username, password and viewing options, allowing you to log into the Site Service more conveniently. Such analysis enables Cirrus to produce traffic volume statistics that can be helpful in understanding online traffic, thus enabling Cirrus to enhance its users’ online experience.
What Organization Is Collecting the Information
Cirrus owns and operates the Site and is the company that collects the personal information.
Cirrus’s contact information is as follows:
Address: Cirrus Holdings USA, LLC
4651 Charlotte Park Drive
Charlotte, NC 28217
Comments, suggestions or materials sent or transmitted to Cirrus shall be deemed to be non-confidential and not subject to any restrictions. Cirrus shall have no obligation of any kind with respect to such comments, suggestions or materials and shall be free to use and distribute them to others without limitation, including, but not limited to developing and marketing products incorporating them.
How the Information Is Used and Disclosed to Third Parties
Cirrus may use your personally identifiable information when performing certain aspects of the Cirrus Services. For example, Cirrus may use your email address in order to notify you when an update to the Cirrus Services becomes available. Cirrus may also use personally identifiable information to perform functions such as maintaining a record of customer service requests. As a consequence, Cirrus may disclose personally identifiable information as a necessary component of providing the Site Service and associated administrative functions. In some cases, Cirrus uses your personally identifiable information to provide information to you, such as to send newsletters or to personalize the Site Service.
Cirrus may use your information to offer the Services and operate the Site as well as sell and deliver advertising.
Disclosure to Third Parties
On occasion, Cirrus may provide aggregated or demographic information to third parties. In certain circumstances, Cirrus may share your personally identifiable information with third parties who provide services to Cirrus in order to enable the Cirrus Services or to enhance the functionality available to you on the Site or to provide you with new products and services.
Notwithstanding anything to the contrary set forth herein, in connection with an assignment, sale, combination, merger, acquisition, joint venture or other transfer or disposition of some or all of the assets of Cirrus, or its affiliated entities, you agree that Cirrus can accordingly assign, sell, license or transfer any information, including personally identifying information, that you have provided to Cirrus to those third parties directly involved in the transfer or disposition of such assets.
Privacy Protections for Children.
No part of the Site Service are designed or directed to children. To be eligible to register for the Service you must be at least eighteen (18) years of age. Therefore, Cirrus does not knowingly collect personally identifiable information from any minor or other person under age thirteen (13) and thus is not subject to the Children’s Online Privacy Protection Act.
If you object to the disclosure or use of your personal information by Cirrus you may contact Cirrus at the contact information provided in this section. However, you acknowledge that if you do not allow Cirrus to utilize your information, then Cirrus may not be able to provide certain information and services to you.
6. USER CREDENTIALS. When applying for employment to the service you will be provided with a username, password and you will provide other personally identifiable information. You agree that you will protect and not share your username or password with any third parties or use your username or password for any unauthorized purpose. If you lose control of either your username or password, you may lose control over your sensitive information utilized in the Site Service and you agree that Cirrus will not be responsible. In addition, you agree that you are responsible for all actions and transactions taken under your username and password. If you believe that your username or password has been stolen or otherwise compromised, immediately contact Cirrus Customer Support.
7. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY AND ALL INFORMATION CONTAINED ON OR OBTAINED FROM THE SITE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. CIRRUS DOES NOT WARRANT THAT THE CIRRUS SERVICES CONTAIN ACCURATE INFORMATION OR WILL BE FREE FROM BUGS, DEFECTS OR ERRORS, OR ACCESSIBLE WITHOUT INTERRUPTION. CIRRUS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, WRITTEN, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, USEFULNESS, TIMELINESS OR COMPLETENESS OF ANY INFORMATION PROVIDED HEREON. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
8. LIMITATION OF LIABILITY. YOUR USE OF THE CIRRUS SERVICES AND THE INFORMATION THEREON IS ENTIRELY AT YOUR RISK. CIRRUS WILL NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THE CIRRUS SERVICES, YOUR USE THEREOF, OR ANY OF THE INFORMATION, DATA OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THE CIRRUS SERVICES, OR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS OR LOSSES RESULTING THEREFROM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF CIRRUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST CIRRUS FROM LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542 WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” Some states do not allow the foregoing limitations of liability, so they may not apply to you.
9. CHANGES TO POLICY. Cirrus may change this Policy from time to time. By continuing to use the Site or the Service after Cirrus posts any such changes, you accept the Policy, as modified. You can always find the current version of this Policy by checking www.cirrusmedicalstaffing.com/privacy.
10. COPYRIGHT. Cirrus retains all rights with respect to the Cirrus Services. All content included or available in connection with the Cirrus Services, including trade names or marks, service names or marks, text, graphics, interfaces, code, information, databases, technology (collectively the “Content”) and the selection and arrangement thereof, are the sole and exclusive property of Cirrus or its licensors. However, you are free to view, copy, print and distribute the Content as long as:
• The Content is used for information purposes only;
• The Content is used only within your organization; and
• Copies of the Content include all applicable copyright notices.
Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Cirrus or any third party.
THE CONTENT RELATED TO THE CIRRUS SERVICES IS THE PROPRIETARY PROPERTY OF CIRRUS, OR CIRRUS LICENSORS AND IS PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, YOU AGREE NOT TO DUPLICATE, TRANSLATE, PUBLISH, DISTRIBUTE, MODIFY, EXTRACT DATA FROM, OR OTHERWISE EXPLOIT ANY OF THE CONTENT. YOU AGREE NOT TO FRAME, OR ASSIST THIRD PARTIES IN FRAMING OR LINK INTO ANY OF THE WEB PAGES CONTAINED ON THE SITE. SUCH FRAMING OR LINKING IS STRICTLY PROHIBITED UNDER THIS POLICY.
All Content is: Copyright © 2004-2009 Cirrus, Inc. or its licensors. All rights reserved. Cirrus respects the intellectual property of others, and Cirrus asks you to do the same. If you believe some Content on the Cirrus Services has been copied in such as way to constitute copyright infringement, please contact Cirrus.
11. TRADEMARKS. Cirrus’s trade name and the Cirrus logo are trademarks of Cirrus. Cirrus’s logos and trademarks that appear throughout the Site belong to Cirrus, its affiliates or third party trademark owners, and are protected by U.S. and international trademark laws. Without Cirrus’s express prior written permission, you agree not to display or use in any manner the Cirrus trademarks. Nothing on the Cirrus Services shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of Cirrus, its affiliates or licensors or any third party, whether by estoppel, implication or otherwise. The names of actual companies and products listed on the Site may be the trademarks of their respective owners.
12. REMEDIES AND CORRECTIVE ACTION. Cirrus reserves the right to take any or all action it may deem appropriate in its sole discretion with respect to violations or enforcement of the terms of this Policy, and expressly reserves all rights and remedies available to Cirrus at law or in equity. Subject to Cirrus’s obligations under a user agreement, Cirrus reserves the right to prevent access to the Cirrus Services to you or any other user for any reason, at any time, at Cirrus’s reasonable discretion.
13. GOVERNING LAW. This Policy shall, for all purposes, be construed, governed by and enforced solely and exclusively in accordance with the laws of the state of Texas, USA, without giving effect to its conflict of law provisions or your actual state of residence. You hereby agree that the courts located in Dallas, Texas, USA, will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this Policy and you hereby irrevocably consent to the personal jurisdiction and venue of such courts and irrevocably waive any objections thereto. You hereby irrevocably consent to service of process for all actions in such courts.
14. SEVERABILITY AND WAIVER. If any provision of this Policy is held to be invalid or unenforceable, such provision shall be amended so that it is enforceable to the maximum extent allowed under applicable law and the remaining provisions shall be enforced. Cirrus’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
15. INDEMNIFICATION. You acknowledge that Cirrus does not endorse, or act in a representative capacity and is not responsible or liable for or on behalf of you, any Affiliate Site, other user or other third party. To the maximum extent allowed by applicable law, you agree to defend, indemnify and hold harmless Cirrus, its affiliates and licensors, from and against all suits, proceedings, losses, liabilities, and expenses, including without limitation, attorneys’ fees, whether in tort, contract or otherwise, which arise out of or relate to your breach of any term, acknowledgement or warranty in this Policy or any activity by you in relation to the Cirrus Services or use of the Content.