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READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
MedicalJobsOnline.com ("MedicalJobsOnline.com," "we," "us") provides this
Career Center and all site-related services (collectively, the "Site")
subject to your compliance with the terms and conditions set forth in this
agreement (the "Agreement"). By using the Site, you agree to be bound by
these terms and conditions. If you do not agree to these terms and
conditions, please do not use the Site.
This Agreement is made between MedicalJobsOnline.com and Site visitor
and/or member ("you"). We reserve the right at any time to:
a. Change the terms of this Agreement;
b. Change the Site, including eliminating or discontinuing any
content on or feature of the Site; or
c. Change any fees or charges for use of the Site.
Any changes we make will be effective immediately upon notice, which
we may provide by means including, without limitation, posting on the Site
or via electronic mail. Your use of the Site after such notice will be
deemed acceptance of such changes. Be sure to review this Agreement
periodically to ensure familiarity with the most current version!
1. Code of Conduct
As a user, you are responsible for your own communications and are
responsible for the consequences of their posting. You must not, and by
using any MedicalJobsOnline.com or designees site you agree not to, do the
following things:
Restrict or inhibit any other visitor or member from using
the Site, including, without limitation, by means of "hacking" or defacing
any portion of the Site;
Use the Site or Software for any unlawful purpose;
Express or imply that any statements you make are endorsed
by us, without our prior written consent;
Transmit
a. any content or information that is unlawful, fraudulent,
threatening, abusive, libelous, defamatory, obscene or otherwise
objectionable, or infringes on our or any third party's intellectual
property or other rights;
b. any material, non-public information about companies without
the authorization to do so;
c. any trade secret of any third party; or
d. any advertisements, solicitations, chain letters, pyramid
schemes, investment opportunities, or other unsolicited commercial
communication (except as otherwise expressly permitted by us), or engage in
spamming or flooding;
e. any advertisements, solicitations, chain letters, pyramid
schemes, investment opportunities, or other unsolicited commercial
communication (except as otherwise expressly permitted by us), or engage in
spamming or flooding;
f. any job posting involving any franchise, pyramid scheme,
"club membership", distributorship or sales representative agency
arrangement or other business opportunity which requires an up front or
periodic payment, pays commissions only (no significant salary), requires
recruitment of other members, sub-distributors or sub-agents;
g. Transmit any software or other materials that contain any
virus, worm, time bomb, Trojan horse, or other harmful or disruptive
component;
h. Modify, adapt, sub-license, translate, sell, reverse
engineer, decompile or disassemble any portion of the Site or Software;
i. Remove any copyright, trademark, or other proprietary
rights notices contained in the Site;
j. "Mirror" any part of the Site without our prior written
authorization;
k. Link to any page of or material on the Site other than the
URL located at www.MedicalJobsOnline.com;
l. Use any robot, spider, site search/retrieval application,
or other manual or automatic device or process to retrieve, index, "data
mine," or in any way reproduce or circumvent the navigational structure or
presentation of the Site or its contents; or
m. Harvest or collect information about Site visitors or members
without their express consent.
The Company and any of our designee members do not represent or
guarantee the truthfulness, accuracy, or reliability of communications
posted by users or endorses any opinions expressed by users. You
acknowledge that any reliance on material posted by other users will be at
your own risk. The Company and our designee members act as a passive
conduit for the online distribution and publication of user-submitted
information and has no obligation to screen communications or information
in advance and is not responsible for screening or monitoring material
posted by users. If notified by a user of communications which allegedly do
not conform to these Terms and Conditions, the Company may investigate the
allegation and determine in good faith and its sole discretion whether to
remove or request the removal of the communication. The Company and our
designee members have no liability or responsibility to users for
performance or nonperformance of such activities. The Company reserves the
right to expel users and prevent their further access to the Web Site for
violating the Terms and Conditions or the law and the right to remove
communications which are abusive, illegal, or disruptive. The Company may
take any action with respect to user-submitted information that it deems
necessary or appropriate in its sole discretion if it believes it may
create liability for the Company or our designee members, or may cause the
Company to lose (in whole or in part) the services of its ISPs or other
suppliers. While using the Site and/or Software, you agree to comply with
all applicable laws, rules and regulations. Upon our request, you agree to
sign a non-electronic version of this Agreement.
2. Registration
Although certain areas of the Site do not require you to be a
MedicalJobsOnline.com member/ subscriber, some areas (such as our detailed
employer profiles and resume postings) do. When and if you register to
become a member/ subscriber (registration for job seekers is currently
free!), you agree to
1. provide true, accurate, current and complete information about
yourself as prompted by our registration form (including your email
address) and
2. to maintain and update your information (including your email
address) to keep it true, accurate, current, and complete. You acknowledge
that, if any information provided by you is untrue, inaccurate, not
current, or incomplete, we reserve the right to terminate this Agreement
and your use of the Site.
As part of the registration process, you will be asked to select a
username and password. We may refuse to grant you a username that
impersonates someone else, is or may be illegal, is or may be protected by
trademark or other proprietary rights law, is vulgar or otherwise
offensive, or may cause confusion, as determined by us in our sole
discretion. You will be responsible for the confidentiality and use of your
username and password and agree not to transfer or resell your use of or
access to the Site to any third party. If you have reason to believe that
your account with us is no longer secure, you must promptly change your
password by updating your account information and immediately notify us of
the problem by emailing us at registration@MedicalJobsOnline.com.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF
YOUR USERNAME AND PASSWORD AND ENTIRELY RESPONSIBLE FOR ANY AND ALL
ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH
YOUR ACCOUNT.
3. Making Purchases
If you wish to purchase services described on the Site, you will be
asked by BestMedicalJobsOnline.com to supply certain information applicable to your
purchase, including, without limitation, credit card and other information.
You understand that any such information will be treated by
BestMedicalJobsOnline.com in the manner described in our Privacy Policy. You agree
that all information that you provide to MedicalJobsOnline.com will be accurate
and complete. You agree to pay all charges incurred by you or any users of
your account and credit card or other payment mechanism at the price(s) in
effect when such charges are incurred. You will also be responsible for
paying any applicable taxes relating to your purchases. Descriptions of
services on the Site do not imply MedicalJobsOnline.com's endorsement of such
services. We reserve the right, without prior notification, to change such
descriptions or references, or to limit the order quantity on any service
and/or refuse service to you. Verification of information may be required
prior to MedicalJobsOnline.com's acceptance of any order. Price and
availability of any service are subject to change without notice.
4. Job Postings and Resume Database Service
By using the online job posting feature of the Site including or
contacting resumes in the MedicalJobsOnline.com resume database service (the
"Resume Database"), you agree to be bound by, and comply with the
MedicalJobsOnline.com Job Posting Rules and the Resume Contact Rules,
respectively. MedicalJobsOnline.com is under no obligation to monitor the
information residing on or transmitted to the Job Listings or Resume
Database, however, you agree that MedicalJobsOnline.com reserves the right to
modify, reject or eliminate any information residing on or transmitted to
the Site, or terminate the account of any user, that MedicalJobsOnline.com
believes, in its sole discretion, to be unacceptable or in violation of
these terms and conditions.
5. Ownership and Restrictions on Use
© 2003 MedicalJobsOnline.com, Inc. All Rights Reserved. The Site is
owned and operated by us in conjunction with others pursuant to contractual
arrangements. You may not copy, reproduce, republish, upload, post,
transmit or distribute materials from the Site in any way, without our
prior written permission, except you may download one copy of such material
on any single computer for your personal, non-commercial home use only,
provided you keep intact, without change, all copyright and other
proprietary notices. Modification of the materials or use of the materials
for any other purpose is a violation of our copyright and other proprietary
rights, and is strictly prohibited. You acknowledge that you do not acquire
any ownership rights by using the Site.
If you download any software from the Site, such software, including
any files, images incorporated in or generated by the software, and data
accompanying the software (collectively, the "Software") are licensed on a
limited basis to you by us or the owner of such Software. Title to the
Software is not transferred to you. You own the medium on which the
Software is recorded, but we retain all right, title, and interest in and
to the Software, and all intellectual property rights therein. You may not
re-sell, decompile, reverse engineer, disassemble or otherwise reduce the
Software to a human-perceivable form, or transfer the Software to any third
party.
"MedicalJobsOnline.com"; and the "MedicalJobsOnline.com Logo"; are
trademarks and/or service marks of MedicalJobsOnline.com, Inc. All other
trademarks, service marks, and logos used on the Site are the trademarks,
service marks, or logos of their respective owners.
6. Jurisdictional issues
We control and operate the Site from within United States of America. We
make no representation that materials in the Site are appropriate or
available for use in other locations. Those who choose to access the Site
from other locations do so on their own initiative and at their own risk,
and are responsible for compliance with local laws, if and to the extent
local laws are applicable. The Software is further subject to United States
export controls. No Software may be downloaded or otherwise exported or
re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya,
North Korea, Iran, Syria or any other country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list
of Specially Designated Nationals or the U.S. Commerce Department's Table
of Deny Orders. By downloading or using the Software, you represent and
warrant that you are not located in, under the control of, or a national or
resident of any such country or on any such list.
We reserve the right to limit the availability of the Site and/or
the provision of any service, program, film, or other product described
thereon to any person, geographic area, or jurisdiction it so desires, at
any time and in our sole discretion, and to limit the quantities of any
such service, program, film, or other product that we provide.
7. Termination
This Agreement shall remain effective until terminated in accordance
with its terms. Either party may terminate this Agreement immediately upon
notice to the other party. In addition, we reserve the right to immediately
terminate this Agreement, and/or your access to and use of the Site or any
portion thereof, at any time and for any reason, with or without cause.
Upon termination of this Agreement by either party, your right to use the
Site shall immediately cease, and you shall destroy all materials obtained
from the Site and all copies thereof, whether made under the terms of this
Agreement or otherwise.
8. Disclaimers
THE SITE, THE MATERIALS ON THE SITE, ANY PRODUCT OR SERVICE OBTAINED
THROUGH THE SITE, AND THE SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, THIS HEALTHCARE CAREER CENTER SITE
ORGANIZATION AND ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS
FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
BESTNURSEJOBS.COMAND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT
THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED,
ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR
THE SERVER(S) ON WHICH IT IS HOSTED) OR SOFTWARE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR
OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER
EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED
THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE
AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR
STATEMENT OF BESTNURSEJOBS.COMOR ITS AFFILIATES, SUPPLIERS, AGENTS,
MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE, IN THE SOFTWARE, OR
OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY
MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
A possibility exists that the Site could include inaccuracies or
errors, or materials that violate these Terms of Use (specifically, the
Code of Conduct above). Additionally, a possibility exists that
unauthorized alterations could be made by third parties to the Site.
Although we attempt to ensure the integrity of the Site, we make no
guarantees as to the Site's completeness or correctness. In the event that
such a situation arises, please contact us at webmaster@MedicalJobsOnline.com
with, if possible, a description of the material to be checked and the
location (URL) where such material can be found on the Site, as well as
information sufficient to enable us to contact you. We will try to address
your concerns as soon as reasonably practicable.
9. Limitation of Liability
NEITHER BESTNURSEJOBS.COM NOR ITS SUPPLIERS, ADVERTISERS,
AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER
DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY
ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED
ON THE SITE, THE SOFTWARE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE
SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE SOFTWARE,
AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AND/OR
SOFTWARE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO
BESTNURSEJOBS.COM FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE)
SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
10. Indemnification
You agree to indemnify, defend and hold us, this legal career center
site, our officers, directors, employees, agents and representatives
harmless from and against any and all claims, damages, losses, costs
(including reasonable attorneys' fees), or other expenses that arise
directly or indirectly out of or from (a) your breach of this Agreement;
(b) any allegation that any materials that you submit to us or transmit to
the Site infringe or otherwise violate the copyright, trademark, trade
secret or other intellectual property or other rights of any third party;
(c) your violation of the Code of Conduct above; and/or (d) your activities
in connection with the Site.
11. Sponsorship Advertising/Listings
MedicalJobsOnline.com reserves the right to refuse sponsorship
opportunities or listings to any company or entity that they may deem as a
competitor, in direct or indirect conflict with current exclusive
agreements, or viewed as inconsistent with the Career Center services.
12. Multiple (Unlimited) Posting Accounts
0. All multiple posting customers will be required to have an
existing Unlimited Posting account. An unlimited number of jobs may be
posted manually with this account.
1. All Multiple Posting accounts shall be subject to a limited
number of jobs imported weekly or monthly as per the terms of their
multiple posting agreement. A per job fee will apply to all jobs posted
above the limit.
2. All jobs imported by our multiple posting process shall be
assigned a lower ranking than jobs posted manually thus causing them to be
listed after manually posted jobs. Jobs entered manually will not be ranked
lower and shall be listed by normal sort orders.
13. Miscellaneous
This Agreement is governed by and construed in accordance with the
laws of the State of California, United States of America, without regards
to its principles of conflicts of law. You agree to personal jurisdiction
by the federal and state courts located in the County of San Diego, located
in San Diego, California, United States of America, and waive any
jurisdictional, venue, or inconvenient forum objections to such courts. If
any provision of this Agreement is found to be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from
this Agreement and shall not affect the validity and enforceability of any
remaining provisions. This is the entire Agreement between us relating to
the subject matter herein and supersedes and any all prior or
contemporaneous written or oral Agreements between us. This Agreement is
not assignable, transferable or sublicensable by you except with this legal
career center site organization's prior written consent. No waiver by
either party of any breach or default hereunder shall be deemed to be a
waiver of any preceding or subsequent breach or default. Any heading,
caption or section title contained in this Agreement is inserted only as a
matter of convenience and in no way defines or explains any section or
provision hereof.
revised 5/2003
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