Nursefinders' Terms of Use
1. INTRODUCTION
The purpose of the Nursefinders site is to provide online resources and job information
to nurses, allied health professionals, and non-clinical administrative support personnel.
For both your protection and ours, we have established the following terms of use
which we expect all our jobseekers, employees, and other visitors, whether registered
or not, to follow while on our Site. Your continued use of the Nursefinders website
means that you acknowledge these terms of use and agree to abide by them at all
times. Because we reserve the right to modify these terms of use at any time without
notice to you, please check them regularly. Please note that from time to time in
this agreement we will refer to (i) ourselves as "Nursefinders" "we" and/or "the
Company"; (ii) jobseekers and employers as "you" and or a "user"; and (iii) our
Site as the "Site" or the "Nursefinders Site."
2. AUTHORIZED USE OF SITE
Purpose. The Nursefinders Site is intended to be used for lawful purposes
only and by individuals age 18 or older seeking employment and/or career information
and Nursefinders employees.
License. For the purposes set forth above, the Company grants you a personal,
nonexclusive, nonassignable and nontransferable license to use and display the contents
of and services on the Nursefinders Site. Unauthorized copying or duplication of
the content, including but not limited to text, graphics, sounds, images, logos,
button icons, videos and software that has been modified, merged and/or included
on the Site and/or any compilation thereof (the "Content") in any manner is expressly
forbidden. You acknowledge that you may not sublicense, transfer, sell or assign
this license or the services received thereunder. Any attempt to sublicense, transfer,
sell or assign this license is null and void.
3. USER PROHIBITIONS
Agency restrictions. Some groups may not be permitted to utilize the services
of Nursefinders, such as competing healthcare staffing agencies, recruitment organizations,
and travel companies who are not members of the AMN Healthcare family or who are
not Nursefinders partners. Utilization of this service is at the discretion of Nursefinders
staff.
Restricted areas. Unauthorized access to registered areas of the Site by
non-registered users is prohibited. If you have a password allowing access to a
nonpublic area of this Site, you may not disclose or share your password with any
third parties or use your password for any unauthorized purpose.
No illegal use of Site. Users may not use the Nursefinders Site to transmit,
distribute, store or destroy Content (a) in violation of any applicable law or regulation,
(b) in a manner that will infringe the copyright, trademark, trade secret or other
intellectual property rights of others or violate the privacy, publicity or other
personal rights of others, or (c) that is defamatory, obscene, threatening, abusive
or hateful.
No interference with security. Users are prohibited from violating or attempting
to violate the security of the Site, including, without limitation, (a) accessing
data not intended for such user or logging into a server or account which the user
is not authorized to access, (b) attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures without
proper authorization, (c) attempting to interfere with service to any user, host
or network, including, without limitation, via means of submitting a virus to the
Site, overloading, "flooding," "spamming," "mail bombing," or "crashing," (d) sending
unsolicited email, including promotions and/or advertising of products or services,
or (e) forging any TCP/IP packet header or any part of the header information in
any email or posting. Violations of system or network security may result in civil
or criminal liability. The Company will investigate occurrences that may involve
such violations and may involve, and cooperate with, law enforcement authorities
in prosecuting users who are involved in such violations.
4. SPECIFIC PROHIBITED USES
The Company specifically prohibits any use of the Site (and all users agree not
to use the Site) for any of the following:
- Deleting or revising any content posted by any other person or entity without permission
from the user who posted such content.
- Taking any action that imposes an unreasonable or disproportionately large load
on this Site's infrastructure.
- Attempting to decipher, decompile, disassemble or reverse engineer any of the software
comprising or in any way making up a part of the Site.
- Aggregating, copying or duplicating in any manner any of the Content or information
available from this Site.
- Framing of or linking to any of the Content or information available from this Site.
- Notwithstanding anything to the contrary contained herein, using or attempting to
use any engine, software, tool, agent or other device or mechanism (including without
limitation browsers, spiders, robots, avatars or intelligent agents) to navigate
or search this Site other than the search engine and search agents available from
the Company on this Site and other than generally available third party Web browsers
(e.g., Microsoft Internet Explorer, Google Chrome, Firefox Mozilla).
5. USER INFORMATION
When you register for the Site, you will be asked to provide the Company with certain
information including, without limitation, a valid email address (your "Personal
information"). Please see the Company's Privacy Policy for further details regarding
your Personal Information. You acceptance of these Terms of Use shall include your
acceptance of the Company's Privacy Policy.
6. USER SUBMISSIONS
Responsible posting. 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 this Site you agree not to, post the following things:
- Any incomplete, false or inaccurate biographical information or information which
is not your own accurate resume.
- Any franchise, pyramid scheme, "club membership," distributorship or sales representative
agency arrangement or other business opportunity, which requires an upfront or periodic
payment, pays commissions only requires recruitment of other members, subdistributors
or subagents.
- Content that is copyrighted, unless you are the copyright owner or have the permission
of the copyright owner to post it.
- Content that reveals trade secrets, unless you own them or have the permission of
the owner.
- Content that infringes on any other intellectual property rights of others or on
the privacy or publicity rights of others.
- Content that is obscene, defamatory, threatening, harassing, abusive, hateful, or
embarrassing to another user or any other person or entity.
- Any type of inappropriate and/or sexually explicit language statement.
- Advertisements or solicitations of business, chain letters or pyramid schemes; impersonate
another person; or Content that contains viruses, Trojan horses, worms, time bombs,
cancelbots or other computer programming routines or engines that are intended to
damage, detrimentally interfere with, surreptitiously intercept, or expropriate
any system, data or information.
- Any hyperlinks to pages off the Nursefinders Site. The Company reserves the right
to disable any hyperlinks when posted on the Nursefinders Site.
License from user. By submitting any form of content (graphic, text, audiovisual,
sound, etc.) to any public or nonpublic area of the Nursefinders Site, you grant
the Company and its affiliates the royalty-free, perpetual, irrevocable, sublicensable
(through multiple tiers), nonexclusive right (including any moral rights) and license
to use, reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, communicate to the public, perform and display the content (in whole
or in part) worldwide and/or to incorporate it in other works in any form, media,
or technology now known or later developed, for the full term of any rights that
may exist in such content. You also warrant that the holder of any rights, including
moral rights in such content, has completely and effectively waived all such rights
and validly and irrevocably granted to you the right to grant the license stated
above. You also permit any subscriber to access, display, view, store, and reproduce
such content for personal use. Subject to the foregoing, the owner of such content
placed on the Site retains any and all rights that may exist in such content. You
acknowledge that if you participate in the Nursefinders online community information
about you, including your name and the photograph associated with your profile,
may be seen by other users. Nursefinders cannot guarantee that other users will
not use the ideas and information that you share on the Nursefinders site. Therefore,
you should not share information that your wish to keep private or confidential.
NURSEFINDERS IS NOT LIABLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT
OR INFMORATION THAT YOUR POST ON THE SITE.
7. REGISTRATION AND PASSWORD
You will create a password during the registration process. You are responsible
for maintaining the confidentiality of the password and your email address, and
you are fully responsible for all activities that occur under the auspices of your
account. You are to (a) immediately notify us of any unauthorized use of your password
or email address or any other breach of security, and (b) ensure that you exit from
your account at the end of each session.
8. OWNERSHIP
The Content on the Nursefinders Site is protected under United States copyright,
trademark and/or other laws and is the property of the Company and/or its content
suppliers or clients. Unauthorized use of the Content may violate copyright, trademark,
and other laws. You may not sell or modify the Content or reproduce, display, distribute,
or otherwise use the Content in any way for any public or commercial purpose, including
but not restricted to the adaptation of the HTML code that the Company creates to
generate its pages. Nursefinders is a service mark of AMN Healthcare, Inc. You shall
not display, disparage, dilute, or taint our service mark or use any confusingly
similar marks or use our mark in such a way that would misrepresent who the proper
owner of such mark is. Any permitted use of our service mark by you shall inure
to our benefit.
9. THE COMPANY'S LIABILITY
Release from user-to-user dealings. Because user authentication on the Internet
is difficult, Nursefinders cannot and does not confirm that each user is who they
claim to be. Because we do not and cannot be involved in user-to-user dealings or
control the behavior of participants on Nursefinders, in the event that you have
a dispute with one or more users, you release the Company (and our agents and employees)
from claims, demands and damages (actual and consequential, direct and indirect)
of every kind and nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way connected with such disputes. 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." We are under no legal
obligation to, and generally do not, control the information provided by other users
which is made available through the Nursefinders Site. By its very nature, other
people's information may be offensive, harmful or inaccurate, and in some cases
will be mislabeled or deceptively labeled. We expect that you will use caution and
common sense when using this Site.
Not responsible for user conduct or postings. The Company acts 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 Content posted by users. If notified
by a user of communications which allegedly do not conform to this Terms of Use,
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
has 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 Site for violating the Terms of Use or the law and the right
to remove communications which are abusive, illegal, or disruptive. The Company
may take any action at any time 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, harm other users or may cause the Company to lose (in
whole or in part) the services of its ISPs or other suppliers.
Inaccuracies. The Content may contain inaccuracies or typographical errors.
The Company makes no representations about the accuracy, reliability, completeness,
or timeliness of this Site or the Content. The use of the Site and the Content is
at your own risk. Changes are periodically made to the Site by the Company and may
be made to any all job postings at any time for any reasons as deemed appropriate
by the Nursefinders staff. You acknowledge and agree that you are solely responsible
for the form, content and accuracy of any Content placed by you on the Site.
10. LIMITATION OF LIABILITY AND WARRANTY
You agree that use of our Site is entirely at your own risk. Our Site and the services
provided therein are provided "as is," without warranty of any kind, either express
or implied, including without limitation any warranty for information, services,
uninterrupted or error free access, or products provided through or in connection
with the service, including without limitation our software or services licensed
to you and the results obtained through the service (unless such warranties are
legally incapable of exclusion). Specifically, we disclaim any and all warranties,
including without limitation: 1) any warranties concerning the availability, accuracy
or content of information, products or services; and 2) any warranties of title
or warranties of merchantability or fitness for a particular purpose. This disclaimer
of liability applies to any damages or injury caused by any failure of performance,
error, omission, interruption, deletion, defect, delay inoperation or transmission,
computer virus, communication line failure, theft or destruction or unauthorized
access to, alteration of, or use of record, whether for breach of contract, tortuous
behavior, negligence, or under any other cause of action. You specifically acknowledge
that we are not liable for the defamatory, offensive or illegal conduct of other
users or third parties and that the risk of injury from the foregoing rests entirely
with you.
Our entire liability and your exclusive remedy with respect to the use of our services
is the cancellation of your registration or one month paid subscription with us.
Neither we nor any of our agents, affiliates, co-branders, partners or content providers
shall be liable for any direct, indirect or incidental damages, lost profits, or
special or consequential damages arising out of use of the Site or inability to
gain access to or use the Site whether based on breach of warranty, contract, tort,
or any other legal theory, and whether or not the company is advised of the possibility
of such damages. You hereby acknowledge that the provisions of this section shall
apply to all content and services on the Site.
11. LINKS TO OTHER SITES
The Nursefinders Site provides links to third party World Wide Sites. Because we
have no control over such third-party Sites, you acknowledge and agree that the
Company is not responsible for the availability of such external Sites or resources,
and does not endorse and is not responsible or liable for any content, advertising,
products, or other materials on or available from such Sites or resources. You further
acknowledge and agree that the Company is not responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in connection
with your use of or reliance on any such content, goods or services available on
or through any such Site.
12. NO RESALE OR UNAUTHORIZED COMMERCIAL USE
You agree not to resell or assign your rights or obligations under these Term of
Use. You also agree not to make any unauthorized commercial use of the Site, including
placement agencies, headhunter organizations, travel nursing companies, or any other
professional human resources companies without the express written approval of Nursefinders.
The Company reserves the right to immediately remove from the Site such postings,
or any other postings or Content, without prior notice or notification.
13. TERMINATION
The Company reserves the right, at its sole discretion, to pursue all of its legal
remedies, including but not limited to deletion of your postings from the Site and
immediate termination of your registration with or ability to access the Site and/or
any other service provided to you by the Company, upon any breach by you of these
Terms of Use or if the Company is unable to verify or authenticate any information
you submit.
14. INDEMNITY
You agree to hold us and our affiliates, employees, contractors, officers, directors,
co-branders, partners and content providers harmless from any and all claims, disputes
and expenses, including attorney's fees and court costs, related to your violation
of this agreement, including the rules of conduct, or any information, software,
files, messages or other content placed on our Site by you. We reserve the right,
at our own expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you. In that event, you shall have no further obligation
to provide indemnification to us in that matter.
15. INTENDED FOR USE IN THE UNITED STATES ONLY
The Company makes no claims that the Content may be lawfully viewed or downloaded
outside of the United States. Access to the Content may not be legal by certain
persons or in certain countries. If you access the Site from outside of the United
States, you do so at your own risk and are responsible for compliance with the laws
of your jurisdiction.
16. ADDITIONAL TERMS OF USE
Certain areas of the Site are subject to additional terms of use. By using such
areas, or any part thereof, you agree to be bound by the additional terms of use
applicable to such areas.
17. TERMINATION OF SERVICE
You may terminate your right to use our Site and services at any time by notification
to us as set forth above. We may terminate your account or access rights to the
Site at any time, without notice, for conduct that we believe violates these Terms
of Use or other policies or guidelines that we have posted on our Site.
18. GENERAL PROVISIONS
These Terms of Use are governed by the internal substantive laws of the State of
California, without respect to its conflict of laws principles. Jurisdiction for
any claims arising under this agreement shall lie exclusively with the state or
federal courts within California. If any provision of this Terms of Use is found
to be invalid by any court having competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions of this Terms
of Use, which shall remain in full force and effect. No waiver of any term or condition
of this Terms of Use shall be deemed a further or continuing waiver of such term
or any other term. Except as expressly provided in additional terms of use for areas
of the Site, a particular "Legal Notice," or software license or Content on particular
Web pages, this Terms of Use constitutes the entire agreement between you and the
Company with respect to the use of the Nursefinders Site. No changes to this Terms
of Use shall be made except by a revised posting by the Company on this page.
19. YOUR ACCEPTANCE OF THESE TERMS
By using the Site, you signify your assent to the Nursefinders Terms of Use and
Privacy Policy. If you do not agree with this Terms of Use and/or our Privacy Policy,
please refrain from using our Site. Your continued use of the Nursefinders Site
following a reasonable notice of changes to this Terms of Use and/or our Privacy
Policy will mean you accept the changes.