TERMS AND CONDITIONS OF USE

Thank you for visiting the HealthCarePersonnelFinder web site (the “Site”). HealthCarePersonnelFinder is a Health Care Personnel Search service that offers connectivity between job seekers and employers and/or recruiters for the primary means of disseminating health care employment information.  This Site is designed to provide this function in addition to providing instructions on how to become a HealthCarePersonnelFinder member (as a job seeker or as an employer).

By using this Site, you agree to be bound by the terms set forth herein.  We may make changes to the Site, these Terms of Use govern the use of the Site at any time.  We encourage you to review the Site and these Terms periodically for any updates or changes.  Your continued access or use of the Site shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using site, you signify your assent to these Terms and Conditions.  If you do not agree to these Terms and Conditions of use, do not use this site!

The Site may revise and update these Terms and Conditions at any time.  Your continued usage of the Site will mean you accept those changes.

YOUR ACCOUNT OBLIGATIONS

In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the account setup for your account information and (b) maintain and update that account information to keep it true, accurate, current and complete.  If you provide any information that is untrue, inaccurate and not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may terminate your account and refuse any and all current and future use of the Site.  Account information and certain other information about your work history are subject to our privacy policy.

You will receive a user ID and a password prior to you accessing your personalized account.  You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or accounts.  You agree to immediately notify us of any unauthorized use of the user ID or password, or any other breach of security.

YOUR CONDUCT

Any conduct by you that in our sole discretion restricts or inhabits any other user from using the Site will be prohibited.  You agree to use the Site for lawful purposes.  You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.

SITE CONTENT

You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.  All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content.  You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.  If no specific restrictions are displayed you may make copies of select portions of the Content, provided that the copies are made only of your personal information and for non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyrights notices, trademark legends, or other proprietary rights notices.  Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Sections 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.  In addition to the foregoing, use of the software Content shall be governed by the software license agreement accompanying such software, if any.

DISCLAIMERS

YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK.  NEITHER WE, NOR OUR AFFILIATES, NOR ANY OF OUR OFFICERS, DIRECTORS, OR EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, SPONSORS, LICENSORS, OR THE LIKE WARRANT THAT THE SITE WILL BE UNTINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT ENTERED BY THE USER, OR SERVICES PROVIDED THROUGH THE SITE.

THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR FITNESS FOR A PARTICULAR PURPOSE.  NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US NOR OUR AFFILITATES, NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, SPONSORS, LICENSORS, OR THE LIKE, SHALL CREATE A WARRANTY.

Further, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on Sites that link to or from the Site from third parties not associated with us.  We encourage discretion when browsing the Internet using our or anyone else’s service.  Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright, compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such Sites.

Limitation of Liability

Under no circumstances shall we or any other party involved in creating, producing, or distributing the Site be liable for any direct, indirect, incidental, special or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) the inability to use the Site, (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) statements of conduct of any third party on the Site; (iv) any other matter relating to the service; or (v) all financial transactions are considered final, and user is responsible for all charges and payments where applicable.  You acknowledge that this paragraph shall apply to all content, and services available through the Site.  Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim on demand, including reasonable attorney’s fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation or any rights of another.

EXPORT

The U.S. export control laws regulate the export and re-export of technology originating in the United States.  This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals.  You agree to abide by these laws and their regulations – including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission of otherwise, and Content derived from the Site to either a foreign national of a foreign destination in violation of such laws.

OUR RIGHTS

We may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property of the rights of the users, Sponsors, Providers, or Licensors.  If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site.

We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Sponsor, Licensor, service provider, or us.

We reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products.  In addition, we reserve the right to limit quantities of items purchased by each customer.

LINKS TO THIRD PARTY SITES

Occasionally, we may make available a link to a third party’s web site.  These links will let you leave the Site.  The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.  We are not responsible for web casting or any other form of transmission received from any linked site.  We provide the links to you only as a convenience.  We do not endorse the site or its use or contents.

SUBMISSIONS

We are pleased to hear from our customers and welcome your comments regarding our products, including the Site.  We request that you be specific in your comments on our services and products.  If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (collectively, “Submissions”), the Submissions shall be deemed, and shall remain, our property.  None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use of disclosure of any Submissions.  Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to restricted use of the Submissions for any propose whatsoever without compensation to the provider of the Submissions, including the right to publish on the Site or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained herein.

APPLICABLE LAW

We control the Site from our offices within the United States of America.  We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal or prohibited.  Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.  You may not use or export the Content in violation of U.S. export laws and regulations.  The internal laws of the District of Columbia shall govern any claim relating to the Site, the services providing through the Site or the Content, without reference to its choice of law provisions.

TERMINATION

These terms are effective until terminated by either party.  If you no longer agree to be bound by the Terms of Use, you must cease your use of the Site.  Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice.  You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files and the Site.  Further, you agree that we shall not be liable to you or any third-party for any termination of access to the Site.

GENERAL INFORMATION

These Terms of Use constitute the entire agreement between (you and the Site) and govern the use of the Site.  You may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.  Our failure to exercise or enforce any right or provision of the 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, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force an defect.  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 the Site or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.

COPYRIGHT COMPLAINTS

We respect the intellectual property of others, and we ask our users to do the same.  If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:

1.                  An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2.                  A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

3.                  Identification of the URL or other specific location on the Site where the material that you claim is infringing is located;

4.                  Your address, telephone number, and email address;

5.                  A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6.                  A statement by you made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.