Terms of Use/Acceptable Use Policy
YOUR USE OF THIS SITE REPRESENTS YOUR ACCEPTANCE TO ALL OF THE TERMS AND CONDITIONS OUTLINED IN EACH OF THE POLICIES AND PRIVACY POLICY. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OR YOU DO NOT MEET OR COMPLY WITH THEM, YOU ARE NOT ABLE TO USE THE MedJobCafe.com SITE OR SERVICES. THESE TERMS AND CONDITIONS ARE EFFECTIVE AS OF NOVEMBER 15, 2012.7
Disclaimer
Welcome to the MedJobCafe.com website. This site's function is to put Candidates who are looking for an employment opportunity in touch with hospitals, private practice groups or recruiters that are looking to fill an employment opportunity as well as to provide professional information and networking to all types of users. We maintain the Site as a service to its visitors and users subject to the following terms and conditions. When you use the Site, you accept the Terms of Use and agree to be bound by the full terms set forth below. If you do not agree with the Terms of Use you may not use the Site. We reserve the right to modify content on the Site and these Terms of Use periodically without prior notice. Any additional terms of disclaimer that are displayed under the disclaimer heading of this site are incorporated and made a part of this agreement. You are also agreeing to use the Sites at your own risk.
EXCEPT AS EXPRESSLY STATED IN ANY OUTSIDE AGREEMENT THAT YOU MAY HAVE WITH THIS SITE, ALL CONTENT AND SERVICES PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE CONTENT THAT YOU PLACE ON THE SITE AND FOR THE RESULTS OF THE USE OF ANY CONTENT THAT YOU TAKE OFF OF THE SITE. THIS SITE DOES NOT WARRANT THAT THE SERVICES PROVIDED BY THIS SITE MEET YOUR REQUIREMENTS, SUBJECT TO THE TERMS OF ANY OUTSIDE AGREEMENT BETWEEN YOU AND THE SITE. THIS SITE/COMPANY NOR ITS AGENTS, CONTRACTORS, ATTORNEYS, STOCKHOLDERS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF THIS SITE/COMPANY OR ITS CONTRACTORS, ATTORNEYS, STOCKHOLDERS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THIS SITE/COMPANY DISCLAIMS ALL RESPRESENTATIONS, WARRANTIES AND/OR AGREEMENTS THAT YOU MAY MAKE WITH THIRD PARTY ADVERTISERS, HYPERLINKS OR POSTERS OF THE SITE. IN THE EVENT THAT STATE LAW DOES NOT ALLOW THE ABOVE STATED LIMITATIONS, THE ABOVE DISCLAIMER SHALL APPLY TO THE EXTENT ALLOWABLE BY STATE LAW.
Use of Content on the Site
You may view, download and print contents from the Site subject to the following conditions:
- The content must be used solely for the purpose of finding employment or finding a candidate to fill an employment opportunity or to provide professional or professional networking information to the other users of the web site.
- The content cannot be modified or altered in any way.
- The content cannot be republished, distributed or used in any manner other than what is explicitly permitted herein.
- You are not allowed to use any logo, trademark, image or video piece taken from this website without express written permission from us.
- Any unauthorized use terminates your right to utilize this site.
- Any unauthorized use may result in an assessment of damages.
- You may post positions and CVs on this site but are not allowed to submit any content that is obscene, illegal, threatening or defamatory and you are not allowed to invade the privacy of a third party with any information taken from this site.
- You are not allowed to use a false e-mail address or impersonate any person or entity, or provide any information that is misleading. Such action will result in removal from the web site.
- By submitting information you represent that the content is accurate, current, reliable, complete and error-free.
- You agree that we may terminate without refund a users ability to post on this site should it be determined that the user has violated this agreement.
- You agree that we may assess damages for any loss of income or actual or implied damages that may result from your misuse, abuse or fraudulent behavior on this web site.
- We do not guarantee that the information posted to this site is true and accurate information. Each recruiter, hospital or agency is responsible for conducting its own reference and CV investigation to determine the validity of the posters information. Each candidate is responsible for gathering its own information regarding a position posting prior to entering into any agreement with a recruiter, hospital or other health care provider.
Trademark and Copyright information
We respect the intellectual property of others. Please respect ours. The Site and contents within the Site are the property of MedJobCafe.com and is protected by the United States Copyright laws. The compilation, organization and display of this Site are the exclusive property of MedJobCafe.com. We reserve all rights to this Site and its content even if it is not specifically granted in any agreements with Us or in the Terms of Use. MedJobCafe.com designs that are marked indicate that they are registered trademarks. Other designs, marks, graphics, logos, page headers, button icons, scripts noted on the Site are the sole and exclusive property of this Site and are not able to be used in any manner that may cause confusion with customers, in any manner that disparages or discredits this site or our Company and in connection with any service that is not sponsored, endorsed or produced by this site or our Company. All other trademarks that are not owned by this site but that appear on this site are the property of their respective owners.
NonSolicitation
No user may use the information posted onto this site to solicit others to use or invest in competing products, services or companies. Such activity is a violation of this Agreement and such user/s will be terminated and monetary damages may be accessed for any unlicensed and/or unauthorized use..
Privacy Policy
We respect your right to privacy and for that reason we have developed a privacy policy. Please view that policy on this site on a regular basis so that you are aware of our protections and practices. The privacy policy and its terms are on this site under the icon, "Privacy Policy". The Privacy Policy is incorporated and made a part of this agreement. Click here to view Privacy Policy
Disclaimer - Abuse Prevention Policy
MedJobCafe.com has the ability to research, track and monitor all user activities and interactions on the MedJobCafe.com web site in order to promote a secure online environment. MedJobCafe.com attempts to provide Candidates protection against online scammers through education on scams and proactive investigation. MedJobCafe.com reserves the right to review and verify company job postings, candidate registrations, emails sent by company employees and administrators as well as emails sent by registered candidates. MedJobCafe.com enforces the website Terms and Conditions and will take all necessary action required to prevent abuse of the MedJobCafe.com system.
Any company, employee or candidate found to be violating the Terms and Conditions of the MedJobCafe.com website or to be found by the company to be engaged in fraudulent or inappropriate use will be terminated from the website and monetary damages may be assessed by the company for reinstatement or as appropriate compensation depending on the found misuse. MedJobCafe.com reserves the right to file civil suits for damages if the situation warrants. MedJobCafe.com will respond to a court order or subpoena request for records and/or information regarding any individual or company use of the web site.
In the event that you have any concerns regarding fraudulent or inappropriate use of the MedJobCafe.com site, please contact us at admin(at)nursingjobcafe.com .
Terms of Use for Blog and Resource Section
To assist with professional development and professional associations, MedJobCafe.com provides a professional development article, blog and posting system. All Users, will have access to the blog and resource section of the website and therefore need to accept responsibility for any postings and comments that an individual or company posts on that section. You agree to the Terms of Use for Blog and Resource Section of the site by accepting this General Terms and Use and by your one time or repeated use of this website. Click here to view the Blog and Resource Section Terms of Use.
Terms
"Materials" includes any materials, methodologies, implementation plans or other intellectual property used during the provision of Services. "MedJobCafe.com Web Site" means any web site under MedJobCafe.com control, whether partial or otherwise and includes such Site's Content, Text, Graphics, Design, Programming, Materials and Services (as applicable in each context).
"Web Site" means any web site under MedJobCafe.com control, whether partial or otherwise and includes such Site's Content, Text, Graphics, Design, Programming, Materials and Services (as applicable in each context).
"Content" includes all Text, Graphics, Design and Programming used on the Sites.
"Design" includes the color combinations and the page layout of the Sites.
"Programming" includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Sites.
"Document" refers to any posting to a Site, whether job or resume.
"Employer" means a person or entity that is accessing a Site to post a job or utilizing the Services for any reason related to the purpose of seeking candidates for employment.
"Employer Materials" includes any brochures, emails, sample job postings, web site content, career fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by Employer, if any, for use in connection with the Services.
"Graphics" includes all logos, buttons, and other graphical elements on the Sites, with the exception of paid advertising banners.
"Candidate" means a User who is accessing a Site to search for a job or in any other capacity except as an Employer/Recruiter.
"Services" means any services provided by or its agents described herein and specified more fully in the Distribution and Service Provision Agreement.
"Text" includes all text on every page of the Sites, whether editorial, navigational, or instructional.
"User" refers to any individual or entity that uses any aspect of the Sites.
"You" or "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
License to Use by Users who are Candidates
MedJobCafe.com hereby grants you a nonexclusive, limited, terminable right to access and use the Sites only for your personal use to pursue employment opportunities. This license authorizes you to view and make one personal copy of any postings for jobs in your job type and preference. You agree that you are the only person responsible for posting to this site and any consequences as a result of such posting is your sole responsibility. MedJobCafe.com reserves the right to suspend or terminate your site usage for any reason, at any time and in its sole discretion.
License to Use by Users who are Employers or Recruiters
MedJobCafe.com hereby grants you a nonexclusive, limited, terminable, right to access and post on the sites for your professional purpose of obtaining employees directly for your company or a company that you directly represent. As a recruiter, your company must have a contract directly with a healthcare employer to post their job/s for the sole purpose of sourcing and placing candidates directly with such employer per the terms of the contract. Compensation from employers to recruiters must be associated with hires that have resulted from that direct candidate presentation. Marketing companies or Media companies do not qualify as recruiting agencies for this purpose. Companies that provide an upsell marketing opportunity for a flat fee to employers do not qualify as recruiters for this purpose and are not qualified users of this site. This authorizes employers and recruiters to view and download a single copy of a candidates material for the sole purpose of possible employment and job prospects. You may not sell, transfer or assign any of the Service of your rights to any of the Services provided by MedJobCafe.com to any third party without the express written authority of MedJobCafe.com . You may also not use your license for any other company or affiliate that your company has acquired, initiated or merged into your existing company without the express written authority of MedJobCafe.com . You agree that you are solely responsible for any material that you post or upload to the site and any consequences arising from such posting.
Recruiters and Employers shall not engage in Applicant Harvesting which is the process of obtaining information (personal, employment or otherwise) about a candidate by using false, fictitious, misleading or alluring job postings to unfairly entice a candidate to divulge personal, employment or other information that he or she would not divulge if the intent of such a job posting were known by the candidate
You may not respond to postings by other users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the employer's business are prohibited.
MedJobCafe.com reserves the right to terminate your license at any time in the event that it determines that you are in breach of these Terms and Conditions. MedJobCafe.com reserves the right to assess monetary damages for any unauthorized and unlicensed use.
Users are prohibited from violating or attempting to violate the security of the website, including, without limitation:
- accessing data not intended for such user or logging into a server or account which the user is not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, or other acts such as "overloading" or "flooding";
- sending unsolicited e-mail, including promotions and/or advertising of products or services;
Violation of these Security Rules may result in civil or criminal liability. The administration will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Materials
As an Employer/Recruiter you represent, warrant and agree that all materials provided by you for use in connections with any job postings or company postings will not violate any laws or regulations. You warrant and agree that those materials will not violate any other person or companies copyright, trademark or incite any public or private action. You hereby grant MedJobCafe.com a non exclusive, royalty free license to any posted materials and to hyper link to such materials while you are a member of the site in good standing.
It is agreed that the Database is an asset. Database access is for the purpose of finding candidates that fill your current directly contracted job openings. Removing data from this database and using it for another purpose is in violation of this policy and you agree is an act of conversion. Conversion and continued use or sale of that information is a direct violation of this agreement and shall result in removal from the site and an assessment of monetary damages and if needed injunctive relief.
License to Use by Users who are Resource Writers, Posters and Commentors
MedJobCafe.com hereby grants you a nonexclusive, limited, terminable, right to access and post on the sites for your professional purpose or the professional development of others as well as comments and personal and professional opinions. You may not sell, transfer or assign any of the Service or your rights to any of the Services provided by to any third party without the express written authority of MedJobCafe.com . You may also not use your license for any other company or affiliate that your company has acquired, initiated or merged into your existing company without the express written authority of MedJobCafe.com . You agree that you are solely responsible for any material that you post or upload to the site and any consequences arising from such posting. Reserves the right to terminate your license at any time in the event that it determines that you are in breach of these Terms and Conditions. MedJobCafe.com reserves the right to assess monetary damages for any unauthorized and unlicensed use. All License users in this section must agree and comply with the Resource Terms and Conditions. Click here to view Resource Terms and Conditions.
Banner and Third Party Sites
Our site has banners and links to third party web sites. We do not control, endorse or guarantee any content found on any site that is not owned and operated exclusively by Us. You further agree that this site/company will not be liable for any loss or damage of any sort associated with your use of third party sites or their content.
Site Security
We reserve the right to view, monitor and record any and all activity that occurs on the Site. This is done in order to preserve the integrity of the site and protect the users of the Site. Any actual or attempted unauthorized use of the site can result in removal from the site, damages, civil suits and/or criminal prosecution. We will release any information requested through a court order or subpoena regarding investigations and/or prosecutions.
Services
We reserve the right to change and/or discontinue any or all of its services at any time and for any reason. We also reserve the right to deny you access to the Site. You agree that you are over the age of 18 or the age of majority.
Termination of Services
This Site receives payment via credit card. In the event that you wish to cancel a service, written notice to us of such cancellation needs to be provided at least 3 business days prior to the renewal date, or credit card charge date, to avoid the next monthly charge. Any refunds issued will include a $20 service charge.
Partner Corporation
We have the right to partner with other public and private corporations. A partner corporation may contact you to obtain additional information regarding your opportunity search and to provide you with assistance in your search. A partner corporation is required to comply with our privacy policy and is restricted from selling or distributing your information without your consent.
Indemnity
You agree to defend, indemnify and hold harmless this Site/Company, its' employees, stockholders, attorneys, agents and contractors against all claims, expenses, liabilities, losses, costs and damages, including reasonable attorney's fees, that the above stated agents, attorneys, employees, stockholders, contractors or entity may incur in connection with your use of the Site, any link or banner associated with the Site or any content you supply to or remove from the site.
Limits of Liability
This site/Company is not liable for any loss resulting from, but not limited to, failure of electronic or mechanical equipment, communication lines, telephone lines, other internet technology failure, database failure, computer viruses, unauthorized access, theft, natural disasters or federal regulation restrictions. We do not guarantee that the information provided or posted is free of technical, typographical or material content errors.
Responsibility
MedJobCafe.com assumes no responsibility for documents, articles or materials posted by Users or their actions and representations on the site. MedJobCafe.com acts as a portal for employment opportunities and professional information and does not accept responsibility for the contents or representation of posters or users. MedJobCafe.com will in good faith investigate and attempt to resolve any reported misuse or abuse of the site reported by any User.
Applicable Law
All matters relating to your access to and use of the Site shall be governed by U.S. Federal law or the laws of the State of Wisconsin where the home office of this company is located. By agreeing to this Terms of Use Agreement, you agree to the exclusive personal jurisdiction and to the exclusive venue of the state courts of Indiana. In the event that the subject of the litigation is a Federal law question and requires resolution in a Federal forum you submit to the federal jurisdiction of the United States District Court for the Central District of Wisconsin. The parties shall first attempt to resolve the disputed issue through mediation prior to any court filings.
Severability- Entire Agreement
If a court rules that any provision of this agreement is unenforceable, the balance of this contract shall remain enforceable and the parties will ask the court to modify the unenforceable part if possible so that the paragraph and/or terms used becomes enforceable to the maximum extent allowable. Failure to enforce any specific provision of this agreement does not result in a waiver to enforcement of the remaining provisions.
Entire Understanding
This agreement, its restrictions and conditions constitute the entire agreement between this site/company and the user in terms of your use to this web site for searching and posting purposes. In the event, you subscribe to this site you may be subject to an additional agreement that governs among other items, distribution of jobs and information, the payment procedure and time periods of such subscription or advertisement. In that situation that agreement is an additional agreement that is entered into and the terms of that agreement stand and are represented independently from this stated agreement. In the event that there are conflicting terms in the two agreements regarding the use of this site, the terms of the additional separate agreement shall be controlling.