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Version November 7, 2026

Advertiser Agreement

Last updated: November 7, 2026

This Advertiser Agreement (the "Agreement") is a binding contract between the business that registers for a LinkInCare Advertiser account (the "Advertiser", "you") and LinkinCare LLC ("LinkInCare", "we", "us"). An Advertiser is a health-care-related business that buys advertising or campaigns on LinkInCare to reach CareMembers. It may be a health care provider or agency (for example a home health agency, nurse registry or healthcare staffing business) or another business that serves or sells to health care professionals (for example a seller of uniforms, medical devices or supplies, or a provider of education, events or other services). It governs your use of the LinkInCare Advertiser dashboard and everything we provide through it (the "Advertiser Services"). "The Service" means the LinkInCare platform as a whole, including the CareMember app, the community feed and the Advertiser Services. The Community Guidelines, the Acceptable Use Policy, the Billing, Cancellation and Refund Policy, the SMS Terms and the Privacy Policy are part of this Agreement. CareMembers use LinkInCare under the Terms of Use. "CareMember" means a care professional (or other individual) who creates a LinkInCare account to use the LinkInCare community features. A "team member" is an individual who uses an Advertiser account.

Important notice. Section 16 contains a waiver of class actions and a waiver of jury trials, and sets the courts and venue for disputes. Section 13 limits what we promise, Section 14 limits our liability, and Section 15 contains your indemnity to us. Fees are non-refundable except as Section 5.4 states, and subscriptions renew automatically until cancelled (Section 5.3).

The person who registers the Advertiser accepts this Agreement on the Advertiser's behalf by checking the box that says the Advertiser agrees to it, or by pressing a button that is labelled or accompanied by a statement that the Advertiser agrees to it, and confirms that they are at least 18 years old and have authority to bind the Advertiser. The Advertiser must make sure that every team member it adds has read and follows this Agreement, and the Advertiser is bound by it for everyone who uses its account, whether or not it authorised their actions. We may also ask each team member to accept this Agreement when they join or sign in. We record which version was accepted, when, by whom, from which IP address and browser, and in which context, and you agree that this record is admissible evidence of acceptance. When we publish a new version, the dashboard asks you to accept it at your next sign-in, and the Advertiser Services refuse requests until you do. Using the Advertiser Services after accepting is further acceptance.

  • You must be a health-care-related business operating in the United States, properly formed, in good standing and holding every license, registration or permit your business needs for what it does and advertises. A license is not a condition of having an Advertiser account when your business does not need one. You confirm that you hold every Florida license or registration your business needs, for example a home health agency license under Fla. Stat. 400.471, a nurse registry license under Fla. Stat. 400.506 or a health care services pool registration under Fla. Stat. 400.980 if your business operates that kind of business, that you will give us the license or registration number when you have one and we ask, and that we may check it against public records before or after approving your account. You may advertise a job or other work (a "role advertisement") only as Section 6 allows. You may not use the Advertiser Services on behalf of a patient, family or household, or to find a caregiver for a specific person, other than as a business arranging its own workforce. Our launch market is Miami-Dade, Broward and Palm Beach counties in Florida.

  • Every person using the account must be at least 18 years old and authorised by the Advertiser.

  • You must not have been suspended or banned from LinkInCare before.

  • You are entering into this Agreement for business purposes and not as a consumer.

We may refuse, limit or close any account at our discretion.

  • You give us the Advertiser's name, email address, phone number, city, state, zip code, the zip codes you serve, and optionally your license number, website, services, description and logo. Give us accurate information and keep it current; you are responsible for any loss caused by inaccurate information.

  • The account is activated only after the email address is verified by code. You must verify a phone number by code when we ask for it; while phone verification is switched off we accept the number you give, and you confirm that it is a working number that your Advertiser controls.

  • We review each registration before approving it. Approval is at our sole discretion, may be withdrawn at any time, and is not an endorsement, a license check or a background check. We do not verify your license number; if you provide one, it is shown to CareMembers as provided by you, and you are responsible for its accuracy.

  • If your business appears as licensed or registered in the Florida Agency for Health Care Administration (AHCA) registry, we may show a "License verified" badge on your profile, campaigns and posts. The badge means only that your business appeared in the AHCA registry on the date we checked. It is not a guarantee, an endorsement or an evaluation of your business or its operations, and it is not a statement that your products, services or advertising are lawful or safe. A business without the badge may still advertise, because a license is not required to have an Advertiser account, and we may remove the badge at any time, for example when the registry listing lapses.

  • Multi-factor authentication is mandatory. Each team member chooses an authenticator app (recommended) or text-message codes before using the dashboard.

  • Team roles are owner, admin and staff. Owners and admins can change the profile, post, launch campaigns and manage billing; staff can read. You are responsible for keeping the team list current and removing people who leave, and for every action taken by a team member or by anyone using a team member's credentials.

  • Advertiser sessions end after 12 hours and after 60 minutes of inactivity, and a fresh sign-in is required for sensitive actions.

  • Tell us at support@linkincare.com right away if you believe the account has been misused. You remain responsible for charges and actions on the account until we receive that notice.

LinkInCare is an online advertising and community platform. We give you tools to reach CareMembers, including by advertising your jobs, products, offers, events or news: a searchable directory with masked profiles, metered full profile views, contact requests, paid campaigns that notify CareMembers whose profiles fit the criteria you chose, and posts in the community feed. We provide technology only.

LinkInCare is not a nurse registry, a staffing agency, a home health agency, an employment agency, a referral service, a recruiter, a professional employer organisation, a background screening company, a credentialing body, a healthcare provider, or a seller, distributor or endorser of any product or service that an Advertiser advertises. We do not recruit, screen, refer, place, schedule, supervise or pay CareMembers, we do not procure or secure contracts for anyone, we do not set pay or terms, and we do not take part in any engagement between you and a CareMember. Our fees are flat fees for reach and tools and are never tied to a hire. A campaign is a paid advertisement (for example for a job, product, offer, event or news item) shown to CareMembers whose self-reported profiles fit the criteria you chose; it is not a referral, and we do not select, recommend or send any CareMember to you or to any patient, client or facility. You, not LinkInCare, are the employer, seller or licensed provider, as the case may be, in every engagement or sale that follows a connection made through the Advertiser Services. You alone decide whom to contact, interview and engage, and on what terms. Nothing we provide is advice on employment, licensing, healthcare, tax or law. We are not responsible for any CareMember, for the accuracy of any profile, or for any work or care a CareMember provides.

FreePremiumEnterprise
Monthly price$0$199$499
Searches100 per hour100 per hour100 per hour
Full profile views10 distinct CareMembers per calendar monthUnlimited, fair use 100 distinct profiles per hourUnlimited, fair use 100 distinct profiles per hour
Contact requests2 per calendar month, each using a profile viewUnmetered, at most 50 pending at onceUnmetered, at most 50 pending at once
CampaignsPaid per campaignPaid per campaignPaid per campaign

Re-opening a profile you already viewed in the same month is free. A full view of a near-empty profile (no photo, no bio, no resume, no dated certification and no license on file) is free. We may grant extra views or a time-limited Premium trial at our discretion; such credits expire on the date shown in the dashboard, have no cash value, and may be withdrawn if the account breaches this Agreement. We may change plan limits and features under Section 18. Premium and Enterprise include the same features today, as the table shows; the plans differ in price only. Paid subscriptions and paid campaigns open when we announce them in the Advertiser dashboard, and nothing is charged before then.

A campaign is an advertisement that notifies the CareMembers whose profiles fit your criteria. The current campaign plan is Standard: $299 for a reach of up to 100 matching CareMembers over 14 days, with an optional top-up of $99 for a reach of 50 more matching CareMembers. The price and the reach are shown before you pay. A campaign goes live only when your payment succeeds, and it pauses automatically when its notification cap is reached until you top it up or it ends. You pay for reach, meaning the number of matching CareMembers we deliver your campaign to, not for responses, interviews or hires. We do not promise any number of CareMembers who fit your criteria, or any responses, interviews or hires, and the estimate shown before you pay is an estimate only. We do promise delivery of the reach you paid for, up to the estimate, as described in the Billing Policy. Which CareMembers fit your criteria depends on self-reported profile data, notification settings, quiet hours and factors outside our control, and we may limit, pause or stop a campaign that breaks this Agreement or the Community Guidelines.

  • Payments are processed by Stripe. You enter card details on Stripe's pages, and Stripe's terms apply to the payment. You authorise us and Stripe to charge the payment method on file for every amount due under this Agreement.

  • Subscriptions are billed monthly in advance and renew automatically each month at the then-current price until you cancel; the checkout page shows the price and that the subscription renews monthly before you confirm, the Billing, Cancellation and Refund Policy tells you how to cancel, and by completing checkout you agree to the automatic renewal. You can change your payment method, switch plans, see your invoices and cancel online at any time from the billing portal in the dashboard. A cancellation takes effect at the end of the paid period, and no partial-period refund is due. Trials and credits end without a charge and do not convert into a paid subscription unless you check out. Our Billing, Cancellation and Refund Policy sets this out in full; if it and this Agreement differ, this Agreement controls. Deleting the Advertiser account instead of cancelling cancels the subscription at once and forfeits the rest of the paid period (Sections 5.4 and 12), so cancel the subscription first if you want to keep access until the end of the paid period.

  • Campaign fees and top-ups are charged when you launch or top up.

  • Prices are in US dollars and exclude any applicable taxes, which you are responsible for. We do not charge sales tax today; if we are required to collect a tax, we show it on the checkout page before you confirm the payment.

  • A failed payment leaves the campaign unlaunched or the subscription unpaid; you can retry from the dashboard. While a subscription payment is past due, we may keep providing paid features for a limited time and you remain liable for the amount due; when the payment process ends without payment, the account returns to the Free plan. We may suspend the Advertiser Services while any amount is overdue, and the prevailing party in any claim to collect or dispute an amount due is entitled to its reasonable collection costs and attorneys' fees.

  • We may change prices with at least 30 days' notice by email; the new price applies from your next renewal or your next campaign. If you do not agree, cancel before the new price takes effect.

All fees are non-refundable, except as stated here or as the law requires.

  • Subscription fees are not refunded for a partial month or for unused features, and that includes the rest of a paid period when an owner deletes the Advertiser account (Section 12).

  • Campaign fees and top-ups are not refunded once the campaign is live, including where you pause, edit or end it, or where it produces no responses or hires. The delivery guarantee in the Billing Policy applies instead where a campaign reaches fewer CareMembers than you paid for.

  • If we cancel a campaign before it goes live for a reason other than your breach, or a campaign cannot run because of a failure on our side, we refund the fee for that campaign in full, and that refund is your sole remedy.

  • Credits, trials and Founding Advertiser benefits have no cash value and are not refundable or transferable.

  • No refund is due when we suspend or close an account for breach.

  • Refunds we issue go to the original payment method.

An Advertiser we designate as a Founding Advertiser gets a permanent Founding Advertiser badge, Premium features free for 6 months from approval, and free campaign launches during that window (the campaign reach and duration caps still apply). After the window, the Advertiser moves to a paid Premium subscription at the then-current price shown on the checkout page, and the badge stays. We email the owner address on the account at least 30 days before the window ends, as we do for any price change under Section 5.3, with the price, the billing date and how to cancel or move to the Free plan, and we remind you again when the window ends. We do not charge anything until the Advertiser completes checkout and authorises the payment method; an Advertiser that does not do so moves to the Free plan when the window ends. Founding Advertiser status is granted at our discretion and may be withdrawn for breach of this Agreement. Founding Advertisers have no obligations in return beyond this Agreement.

  • Every campaign, post and contact request must be truthful and not misleading. A role advertisement must show real roles, real locations, real pay ranges and real schedules. A product, offer or event advertisement must describe the product, offer or event, its price and its conditions accurately.

  • If you run role advertisements, you are solely responsible for complying with every law that applies to your recruiting, hiring, engagement and employment of CareMembers, including equal employment opportunity and anti-discrimination law, pay transparency, wage and hour, worker classification, tax, immigration and work eligibility, background screening (including Level 2 screening where Florida law requires it), occupational licensing, and the licensing and operating rules that apply to your business under Florida law, including the Agency for Health Care Administration rules for home health agencies, nurse registries and staffing services. LinkInCare does not and cannot perform any of these duties for you, and nothing in the Advertiser Services is a substitute for them.

  • Campaign criteria (role, certifications, specializations, availability, distance and spoken languages) exist to reach the CareMembers an advertisement is relevant to; you must not use them, or anything else on LinkInCare, to discriminate on a ground protected by law, and you are solely responsible for the lawfulness of the criteria you choose.

  • Campaign text and contact request messages pass automated filters. Phone numbers, email addresses, messaging handles, patient information and solicitation are refused. Filters are an aid, not a review, and they do not make your content lawful or our responsibility.

  • We may pause, hold, edit or remove a campaign, post or contact request at our discretion, with or without notice, and we may ask a person to review a campaign before it goes live.

  • If you engage a CareMember, you are solely responsible for verifying a CareMember's identity, license, certifications, background, competence, availability and eligibility to work before you engage them. LinkInCare does not verify credentials, and every full profile view says so. You will not rely on any profile, badge or check on LinkInCare as a verification.

  • You may run a role advertisement only if you are lawfully able to recruit for your own operation. A business that arranges work for others, for example by procuring or placing workers or contracts, may advertise work only if it holds every license or registration that law requires for that activity. A business that is not lawfully able to recruit may still advertise products, offers, events and news.

  • A product, offer or event advertisement must follow these rules: every claim must be true and substantiated before you submit it; a claim about a health product, device or service must comply with the rules of the U.S. Food and Drug Administration (FDA) and the Federal Trade Commission (FTC), including the FTC rules on endorsements and testimonials; you may not make a medical claim, a cure claim or a claim about a disease unless the law allows it and you have the evidence and approvals it requires; you may not give medical advice or tell a CareMember to start, change or stop a treatment; you may not advertise a product or service that is illegal or banned under the Acceptable Use Policy. We do not review, test, endorse or guarantee any product, offer, event or claim, and a campaign that we approve is not an approval of its claims.

In search results and shortlists you see a masked profile: first name and last initial, profession, city and county, certifications, specializations, spoken languages, availability, an experience band and whether the CareMember is open to work. A full profile view adds the full name, photo, bio, exact years of experience, certification and license expiry months, and the work radius band. You do not see a CareMember's email address, phone number, resume, zip code, map position, distance, street address, license number or national provider number through search, shortlists or full views. Every full profile view is logged, and you consent to that logging.

A CareMember's verified email address, phone number and resume are shown to you only after that CareMember answers "I'm interested" to your campaign or accepts your contact request. The CareMember can stop sharing at any time, and you will be told that a CareMember stopped sharing without being told who. After a CareMember stops sharing, you must stop using those details to recruit them unless the CareMember separately contacts you.

You are an independent controller of any CareMember information you receive through LinkInCare, and you are solely responsible for your handling of it. You may use information you receive through LinkInCare only to evaluate and communicate with CareMembers about work with your own Advertiser. You must:

  • Not sell, rent, share or disclose it to anyone outside your Advertiser except as needed to engage the CareMember.

  • Not add a CareMember's email address or phone number to any marketing or bulk messaging list. A contact grant is not consent to receive marketing calls, texts or emails, and you are solely responsible for complying with the Telephone Consumer Protection Act, the Florida Telephone Solicitation Act, the CAN-SPAM Act, do-not-call rules and similar laws in every call, text or email you make, including obtaining any consent those laws require and honoring opt-outs.

  • Not combine it with other data to profile or track CareMembers, and not use it to contact a CareMember who has asked you to stop.

  • Protect it with reasonable security measures and limit access to the people who need it.

  • Delete it when it is no longer needed for the purpose above, and in any case within 30 days after a CareMember stops sharing, unless you must keep it to comply with law or because you engaged the CareMember.

  • Tell us at support@linkincare.com within 72 hours if you learn that CareMember data you obtained through LinkInCare was lost, stolen or accessed without authorisation, and cooperate with us in responding.

  • Comply with every privacy and data protection law that applies to you, including the Florida Information Protection Act.

If we confirm a breach of security affecting the Advertiser's own account data that we hold, we will tell you without unreasonable delay and within the time the Florida Information Protection Act allows.

Shortlist notes are visible only to your Advertiser; do not record patient information or discriminatory remarks in them. We may audit your compliance with this Section by reviewing usage records and by asking you for information, and you will respond within 10 business days.

You must not:

  • Scrape, crawl, bulk-download, copy or mirror profiles, search results or content, or use bots, scripts or other automated tools to access the Advertiser Services. All lists are paginated and there is no bulk export; attempts to work around that are a material breach.

  • Share your account with another business, or let anyone outside your Advertiser use it.

  • Exceed the limits in Section 5, or open accounts to multiply them.

  • Break the Acceptable Use Policy, which applies to the Advertiser and every team member.

  • Post pay rates or job advertisements in the feed; those belong in paid campaigns.

  • Post in the Nutrition, Wellness or Beauty and self-care channels.

  • Post patient information of any kind, or ask a CareMember for it.

  • Use the Advertiser Services for anything other than advertising and community participation for your own health-care-related business (including recruiting for your own operation, where Section 6 allows it).

  • Use the Advertiser Services to build a competing product or to benchmark it for a competitor.

We may monitor usage. An Advertiser that views an unusual number of profiles is flagged for review, and search, view and request limits are enforced automatically. We may reduce limits, hold features or suspend the account while we investigate suspected misuse.

Your posts, campaign text, profile and logo are your content. You keep ownership and grant LinkInCare a non-exclusive, worldwide, royalty-free, transferable and sublicensable license to host, store, reproduce, display, adapt (for example to resize a logo, format or translate text), distribute and otherwise use it for the purposes of operating, securing, moderating, analysing, improving and promoting the Advertiser Services and the Service, including showing it to CareMembers and naming your Advertiser as a customer. Advertiser posts are reviewed by us before publication and appear with your Advertiser name, logo and an "Advertiser" badge; review is not a verification or an endorsement. A post we remove stays listed in your dashboard under "removed" together with the moderation notice. You confirm that you own or have the rights to everything you post, that it is accurate, and that it does not break the law or anyone's rights. We may remove or decline to publish any content at our discretion and without liability. If you send us feedback or suggestions, we may use them without any obligation to you.

You must not post, upload or send patient information or protected health information through LinkInCare, and you must not ask CareMembers to do so. LinkInCare is not a HIPAA covered entity, is not your business associate, and does not sign business associate agreements; no business associate relationship arises from this Agreement or from your use of the Advertiser Services. Nothing in the Advertiser Services is designed for, or may be used for, protected health information, and you are solely responsible for your own HIPAA and state health privacy obligations. If you send protected health information through LinkInCare in breach of this Section, you are responsible for every consequence, and we may delete it and close your account.

  • You receive transactional email about your account: registration, approval decisions, campaign launches, pauses and payment problems, moderation notices, legal notices and account changes. These cannot be turned off.

  • The campaign response digest email is on by default and can be turned off in Settings or with the unsubscribe link in each digest.

  • Text messages are used only for one-time verification and sign-in codes. By entering a number and requesting a code, or turning on text-message codes, the team member gives prior express consent to receive them at that number, confirms that they control the number, and agrees to update the number before giving it up. This is a summary: the SMS Terms contain the full terms of the program, including the opt-out words (STOP, QUIT, END, REVOKE, OPT OUT, CANCEL and UNSUBSCRIBE) and HELP, and they apply to you.

  • Our email comes from noreply@mail.linkincare.com.

  • A notice is treated as received when we send it to an email address on the Advertiser account.

  • By you. An owner can delete the Advertiser account from Settings. Deletion is immediate and cannot be undone. Subscriptions are cancelled at once, in-flight campaign payments are voided, your profile, posts, shortlists and the contact details CareMembers shared with you are deleted, and billing records are kept without a link to you as described in the Privacy Policy. Deletion is refused while a campaign is live, paused with reach remaining or waiting for payment, or while a serious moderation case about the Advertiser (a case of the highest priority, such as a safety concern or a serious rule violation) or an appeal is open. Routine reports and flags do not block deletion, and if deletion is blocked you can contact support. Other team members are emailed that the account was closed. Deleting the account does not entitle you to any refund, including for the unused part of a paid subscription period, so cancel the subscription first (Section 5.3) if you want to keep access until the end of the paid period.

  • By us. We may suspend or close the Advertiser account, pause or cancel campaigns, withhold credits, or remove content at any time, with or without notice, for any reason or no reason, including if you breach this Agreement or the Community Guidelines, if your account is used for fraud, discrimination or abuse, if a payment fails or is reversed, if we receive a complaint about you that we consider credible, if we are required to by law, if continuing could expose us to legal or reputational risk, or if we stop providing the Advertiser Services. A ban pauses every campaign. Where we consider it safe and appropriate, we tell you why and how to appeal.

  • If we close the account for convenience and not for breach, we refund the unused portion of any prepaid subscription period and any campaign fee for a campaign that did not go live, and that refund is your sole remedy. For refund purposes, any closure that is not based on your breach of this Agreement, including a closure after a complaint about you or because continuing could expose us to legal or reputational risk, is a closure for convenience. Nothing is refunded when the account is closed for breach.

  • We are not liable to you for suspending or closing the account, pausing campaigns or removing content.

  • On termination you must stop using all CareMember information obtained through LinkInCare, except as Section 7.3 allows for CareMembers you engaged, and delete it.

  • Sections 4, 5.3 (for amounts owed), 5.4, 6, 7.2, 7.3, 9 (for the parts of the license that continue), 10, 12, 13, 14, 15, 16 and 17 continue to apply after the Agreement ends.

THE ADVERTISER SERVICES AND EVERYTHING PROVIDED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, LINKINCARE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, USAGE OR TRADE.

Without limiting that, we do not promise or warrant that:

  • The Advertiser Services will be uninterrupted, timely, secure, error-free or free of harmful components, or that defects will be corrected.

  • Any CareMember's identity, credentials, license, experience, availability, eligibility to work, statements or conduct are accurate, verified, lawful or genuine.

  • Any campaign, search, profile view or contact request will produce candidates, responses, interviews or hires, or that estimates of reach are accurate.

  • The Advertiser Services, your campaigns or your use of CareMember data comply with the employment, licensing, privacy, telemarketing, advertising, consumer protection, product or healthcare laws that apply to you; that compliance is your responsibility alone.

  • Our filters, moderation, approval or review processes will catch every problem.

No advice or information, oral or written, obtained from us creates any warranty not expressly stated in this Agreement. You use the Advertiser Services, and engage CareMembers, at your own risk.

TO THE FULLEST EXTENT PERMITTED BY LAW:

  • LINKINCARE AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS AND LICENSORS (THE "LINKINCARE PARTIES") ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, CONTRACTS, GOODWILL, DATA OR REPUTATION, OR FOR THE COST OF SUBSTITUTE SERVICES OR OF RECRUITING THROUGH OTHER MEANS, ARISING OUT OF OR RELATING TO THE ADVERTISER SERVICES OR THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE), EVEN IF WE WERE TOLD SUCH DAMAGES WERE POSSIBLE.

  • THE LINKINCARE PARTIES ARE NOT LIABLE FOR THE CONDUCT, CONTENT, STATEMENTS, CREDENTIALS, WORK OR OMISSIONS OF ANY CAREMEMBER OR OTHER THIRD PARTY, FOR ANY HIRING OR ENGAGEMENT DECISION YOU MAKE, FOR ANY CLAIM BY A CAREMEMBER, PATIENT, CLIENT, REGULATOR OR EMPLOYEE OF YOURS, OR FOR UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR CONTENT OR DATA.

  • THE TOTAL AGGREGATE LIABILITY OF THE LINKINCARE PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE ADVERTISER SERVICES OR THIS AGREEMENT IS LIMITED TO THE GREATER OF (A) ONE HUNDRED US DOLLARS ($100) AND (B) THE FEES YOU PAID US UNDER THIS AGREEMENT IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

These limits apply together, apply to every type of claim, and apply even if a remedy fails of its essential purpose. They do not limit liability for death or personal injury caused by our negligence, or for our own fraud, gross negligence or intentional misconduct, or any other liability that cannot be limited or excluded under applicable law. You acknowledge that the fees reflect this allocation of risk and that we would not provide the Advertiser Services on these terms without it.

You agree to defend, indemnify and hold harmless the LinkInCare Parties from and against any claims, demands, suits, investigations, losses, liabilities, damages, judgments, settlements, fines, penalties, costs and expenses, including reasonable attorneys' fees and costs, that arise out of or relate to:

  • Your recruiting, screening, hiring, engagement, classification, pay, scheduling, supervision or termination of any CareMember or other worker, including any claim under employment, labor, anti-discrimination, wage and hour, worker classification, immigration, licensing, background screening or workers' compensation law.

  • Any care or services provided by you, your employees, contractors or any CareMember you engage, including any claim by a patient, client, family member, payer or regulator.

  • Your handling of CareMember information, including any breach of Section 7.3, any security incident on your side, and any call, text or email you send, including any claim under the Telephone Consumer Protection Act, the Florida Telephone Solicitation Act, the CAN-SPAM Act or similar laws.

  • Your licensing, registration and regulatory status, including any claim that you operated without a required license or that your use of the Advertiser Services breached a healthcare or staffing regulation.

  • Your products, offers, events and services and the claims you make about them, including any claim of injury, product liability, false advertising or breach of FDA or FTC rules.

  • Your content, campaigns and contact requests, including any claim that they are false, misleading, discriminatory, infringing or unlawful.

  • Your breach of this Agreement, the Community Guidelines or the Acceptable Use Policy, or your violation of any law.

  • Any act or omission of your team members or anyone using your account.

  • Any protected health information you send through LinkInCare.

This indemnity applies even if the claim alleges that a LinkInCare Party was negligent, except to the extent the claim is finally determined to have resulted from that LinkInCare Party's own gross negligence or intentional misconduct. We may take over the defence and control of any matter subject to this indemnity, at your expense, using counsel of our choice that is reasonably acceptable to you (you may not unreasonably withhold your consent), and you will cooperate with us. You may not settle any such matter in a way that admits fault by us, imposes obligations on us or does not fully release us, without our written consent.

PLEASE READ THIS SECTION CAREFULLY. IT WAIVES CLASS ACTIONS AND JURY TRIALS.

This Agreement and any dispute between the Advertiser and LinkInCare are governed by the laws of the State of Florida and applicable federal law, without regard to conflict-of-law rules. Any dispute, claim or controversy arising out of or relating to this Agreement, the Advertiser Services, the Advertiser's account, any fees, any content, any CareMember information or the relationship between the parties (a "Dispute") must be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and the Advertiser and LinkInCare consent to personal jurisdiction and venue there and waive any objection based on inconvenient forum.

Before starting a court action, the party raising the dispute must send the other a written notice of dispute. Notice to LinkInCare goes by email to legal@linkincare.com with the subject "Notice of Dispute" and by mail to the postal address in Section 19. Notice to the Advertiser goes to the owner email address on the account. The notice must describe the dispute and the specific relief sought and be signed by an authorised person. The parties will try in good faith to resolve the dispute for 60 days after the notice is received, including through at least one telephone or video conference if either party asks for one. Any applicable limitation period is paused during this 60-day period. Completing this process is a condition to starting a proceeding.

Either party may bring an individual claim in small claims court in Miami-Dade County, Florida, if the claim qualifies and stays in that court as an individual claim. Either party may seek temporary or preliminary injunctive relief in court to stop infringement or misuse of intellectual property, misuse of CareMember information, unauthorised access to the Service, or scraping, without first completing Section 16.2.

Each party pays its own attorneys' fees and costs, except that the court will award the prevailing party, whichever party it is, its reasonable attorneys' fees and costs for any claim under Sections 5, 7.3, 8 or 15, and may reallocate fees for a claim or defence that was frivolous or brought for an improper purpose.

THE ADVERTISER AND LINKINCARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. If a court decides that this Section 16.5 is unenforceable as to a particular claim or request for relief, then only that claim or request for relief is not subject to this waiver.

TO THE EXTENT THE LAW ALLOWS, THE ADVERTISER AND LINKINCARE EACH KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE. The Advertiser confirms that it had the opportunity to review this waiver with counsel.

A change to this Section 16 does not apply to any Dispute for which a notice of dispute was sent before the change took effect.

If any part of this Section 16 is found unenforceable, that part is severed and the rest of this Section is enforced. This Section 16 survives the end of the Advertiser's account and of this Agreement.

  • Entire agreement. This Agreement, the Community Guidelines, the Acceptable Use Policy, the Billing, Cancellation and Refund Policy, the SMS Terms and the Privacy Policy are the whole agreement between the Advertiser and LinkInCare about the Advertiser Services and replace any earlier agreements, proposals, statements or understandings about them. No purchase order, vendor form or other Advertiser document changes this Agreement.

  • Electronic notices and signatures. You agree to receive notices, invoices and legal updates electronically, by email to the addresses on the Advertiser account and in the dashboard, and that electronic acceptance of this Agreement has the same effect as a handwritten signature.

  • Severability. If a part of this Agreement is found invalid or unenforceable, that part is enforced to the greatest extent the law allows, and the rest still applies.

  • No waiver. A term we do not enforce right away, or in one case, can still be enforced later and in other cases, and a waiver by us is effective only in a writing signed by us.

  • Assignment. You may not assign or transfer this Agreement or the account, by operation of law or otherwise, without our written consent, and any attempt to do so is void. We may assign this Agreement, in whole or in part, without your consent, including to an affiliate or as part of a merger, acquisition, reorganisation or sale of assets, and we will tell you if we do.

  • Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control, including natural disasters, hurricanes, epidemics, war, terrorism, civil unrest, labor disputes, government action, power or internet failures, failures of our suppliers or hosting providers, cyberattacks, or changes in law. Your payment obligations are not excused by force majeure.

  • Independent parties. The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, franchise, employment or fiduciary relationship, and neither party may bind the other.

  • No third-party beneficiaries. This Agreement creates no rights for anyone other than the Advertiser and LinkInCare, except that the LinkInCare Parties may enforce Sections 14, 15 and 16.

  • Language. The English version of this Agreement governs. Spanish and Haitian Creole translations are provided for convenience when they match the current version.

  • Notices. Notices from us go to the email addresses on the Advertiser account. Notices to us go to legal@linkincare.com, except as Section 16 provides.

  • Headings and interpretation. Headings are for convenience only, and "including" means "including without limitation".

We may change this Agreement at any time. When we change this Agreement in a way that matters to you, we will ask you to accept the new version at your next sign-in; the Advertiser Services are unavailable until the current version is accepted, and the new version takes effect when you accept it or, if later, on the date shown at the top. Changes that do not reduce your rights, such as corrections, clarifications or new features, may take effect when posted with an updated date, and your continued use of the Advertiser Services after that date is acceptance. If you do not agree to a change, your remedy is to stop using the Advertiser Services and cancel under Section 5.3. We may add, change, limit or remove features, plans and limits at any time; changes to prices follow Section 5.3, and changes to Section 16 follow Section 16.7. The date at the top shows when the current version took effect.

  • Support email: support@linkincare.com

  • Legal notices email: legal@linkincare.com

  • Company: LinkinCare LLC

  • Phone: (305) 707-4790

  • Postal address: 18495 S Dixie Hwy #341, Miami, FL 33157