 |
Terms of Use
NURSES FORUM.COM
TERMS OF USE AGREEMENT
Welcome to Nurses Forum.Com! The following are Terms
and Agreements between you and Nurses Forum. The terms that from
time to time in this agreement we will refers to ourselves as “Nurses
Forum” “we” and or “the company” and, all
individuals and/or entities accessing this site refer as “you”
and or a “user”. Nurses Forum reserves the right to change
or modify these Terms and Agreements at any time. You agree that
each time you visit our site you shall be subject to and bound by
the current terms of this Agreement. By accessing, browsing, and/or
using this web site (this “Site”), you acknowledge that
you have read, understand and agree to be bound by these Terms and
Agreements. You are agreeing to use the site at you own risk. If
you do not accept these terms, you are not authorized to access
and or use this site.
USE OF SITE: The Nurses Forum.com site is intended
for individuals seeking employment and/or career information in
health related fields and employers seeking employees.
CERTAIN DEFINITIONS: The following definitions
apply to Terms and Agreement
Advertising Space means one advertisement, stored
on the Nurses Forum Server with a defined start Date.
Advertisement means the graphic file and text supplied
by an Advertiser which can be selected by a user as a Link.
Link means a request for information from an internet
server other than Nurses Forum.
Spot means an HTML page which may include an Advertising
Space.
Start Date means the day the Nurses Forum site is scheduled to displaying
the Advertisement.
Page Impression means the number of times the Spot
is accessed by the internet.
Services means any services provided on this site
by Nurses Forum or its agents.
Jobseeker means a user who is accessing the site to
search for a job or in any other capacity except as an employer.
Employer means a person or entity that is accessing
this site to post a job or for any reason related to the purpose
of seeking candidates for employment.
WEB SITE SECURITY RULES: You are prohibited
from violating or attempting to violate the security of this Site,
including, without limitation, (i) accessing data not intended for
you or logging into a server or account which you are not authorized
to access, (ii) attempting to probe, scan, or test the vulnerability
of a system or network or to breach security or authentication measures
without proper authorization, (iii) attempting to interfere with
service to any user, host, or network, including, without limitation,
by way of submitting a virus to this Site, overloading, “flooding”,
“spamming”, “mailbombing”, or “crashing”,
(iv) sending unsolicited e-mail, including promotions and/or advertising
of products or services, or (v) forging any TCP/IP packet header
or any part of the header information in any e-mail or newsgroup
posting. Violations of system or network security may result in
civil or criminal liability. The Company 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.
USER PROHIBITIONS: You may view and download
a single copy of the information contained in Nurses Forum on a
single computer for your personal, non-commercial internal use only.
You may not modify (i) the Materials or use them for any commercial
purpose, or any public display, or sale; (ii) remove any copyright,
trademark, or other proprietary notices from the Materials.
Unauthorized access to registered areas of the site
by non-registered user is prohibited. If you have a password allowing
access to a non-public area of this site, you may not disclose or
share our password with any third parties or use your password for
any unauthorized purpose. The Company prohibits any use of this
Site, and you hereby agree not use this Site, for any of the following:
(i) posting any incomplete, false or inaccurate information about
yourself, your organization, and/or your postings. Further, organizations
and/or individuals which represent hiring organization (i.e. recruiting
or staffing agencies) must identify themselves as such on the site
during the signup process and must not otherwise misrepresent themselves
or the positions that they posts; (ii) posting any material that
is not entirely your own or for which you do not have full rights
to use; (iii) posting, advertising, or otherwise promoting any franchise,
“pyramid” scheme, “club membership,” distributorship
or sales representative agency arrangement or other business opportunity
that requires an up-front or periodic payment, pays commissions
only (no significant salary), requires recruitment of other members,
sub-distributors or sub-agents; (iv) deleting or otherwise revising
any material posted by any other person; (v) using any device, software,
or routine to interfere (or attempt to interfere) with the proper
working of this Site or any activity being conducted on this Site;
(vi) taking any action that imposes an unreasonable or disproportionately
large load on this Site’s infrastructure (including without
limitation “flooding,” “spamming,” “mailbombing,”
“crashing” the Site); (vii) 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 Bed browsers (e.g., Netscape
Navigator, Microsoft Explorer, etc.); (vii) accessing data not intended
for you or logging into a server or account that you are not authorized
to access; (ix) probing, scanning, or testing the vulnerability
of a system or network or to breach security or authentication measures
without proper authorization; (x) forging any TCP/IP packet header
or any part of the header information in any e-mail or newsgroup
posting; (xi) if you have a password, allowing any other person
to access a non-public area of this Site, disclosing to or sharing
your password with any third parties or using your password for
unauthorized purpose; and (xii) attempting to decipher, decompile,
disassemble or reverse engineer any of the software comprising or
in any way making up a part of this Site.
REGISTATION AND PASSWORD: You will create a
password during the registration process. You are responsible for
maintaining the confidentiality of the password and your e-mail
address, and you are fully responsible for all activities that occur
under the sponsorship of your account. You are to (a) immediately
notify us of any unauthorized use of your password or e-mail address
or any other breach of security, and (b) ensure that you exit from
your account at the end of each session.
USER SUBMISSIONS: We appreciate hearing from
our customers and welcome your comments regarding our services and
this Site. Please be advised, however, that our policy does not
permit us to accept or consider creative ideas, suggestions, inventions
or materials other than those which we have specifically requested.
While we do value your feedback on our services, please be specific
in your comments regarding our services.
If, despite our request, you send us creative suggestion,
ideas, drawings, concepts, inventions, or other information (collectively
the “Information”), the Information shall be the property
of the Company. None of the Information shall be subject to any
obligation of confidence on our part and we shall not be liable
for any use or disclosure of any information. The Company shall
own exclusively all now known or later discovered rights to the
information and shall be entitled to unrestricted use of the information
for any purpose whatsoever, commercial or otherwise, without compensation
to you or any other person who submitted the information.
Further, 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 hereby agree not
to, do the following things: (i) post material this copyrighted,
unless you are the copyright owner or have the permission of the
copyright owner to post it; (ii) post material that reveals trade
secrets, unless you own them or have the permission of the owner;
(iii) post material that infringes on any other intellectual property
rights of others or on the privacy or publicity rights of others;
(iv) post material that is obscene, defamatory, threatening, harassing,
abusive, hateful, or embarrassing to another user or any other person
or entity; (v) post a sexually-explicit image or statement; (vi)
post advertisements or solicitations of business, post chain letters
or pyramid schemes; (vii) impersonate another person; (viii) or
post material that contains viruses, Trojan horses, worms, time
bombs, cancel bots or other computer programming routines or engines
that are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or information.
OWNERSHIP: The content on the Nurses Forum
Site is protected under United State 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. You
shall not copy or adapt the HTML code that is used to generate this
site. The use of any materials from this site on any other website
is prohibited unless permission is obtained in writing from the
company.
Nurses Forum is not responsible for internet connection.
In addition to the charges set forth above, you are responsible
for all charges associated with connecting to the Site, including
without limitation all telephone access lines (including long-distance
charges, when applicable), telephone and computer equipment and
any service fees necessary to access the Fee- Based Services.
INTELLECTUAL PROPTERTY POLICY: We respect the
intellectual property of others and expect you to do the same. At
our discretion and in appropriate circumstances, we may terminate
your account(s) and/or prevent access to the Site by users who infringe
upon the intellectual property rights of others.
AGE AND AUTHORITY RESTRICTIONS: You represent
and warrant to Nurses Forum that you are at least eighteen (18)
years old and that you possess the legal right, title, authority
and ability to enter into this Agreement on behalf of your company
and/or organization and use the Site in accordance with Terms of
Use and Agreements. Persons who do not meet the age requirement,
you must have guardian/parent approval before entering this Site.
LINKS: Nurses Forum Site provides links to
third party World Wide Web. 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.
DISCLAIMER: The materials, services and contents
provided at this site are provided on an “as is, where is”
basis. To the fullest extent permissible under applicable law, Nurses
Forum disclaims all conditions, terms, representations and warranties,
express or implied, statutory or otherwise, including but not limited
to warranties of merchantability, quality, fitness for a particular
purpose, title or non-infringement of intellectual property.
Nurses Forum further does not warrant the accuracy
and completeness of the contents or services at this Site, that
this site and the contents contained therein will be accessible
and perform in accordance with your expectations, that the functions
contained in the Site and the contents contained therein will be
uninterrupted or error-free, that defects will be corrected or that
the Site or the server that makes it available are free of viruses
or other harmful components. Nurses Forum does not warrant or make
any representations regarding the use or the results of the use
of this Site in terms of correctness, reliability, accuracy or otherwise.
Applicable law may not allow the exclusion of implied warranties,
so the above exclusion may not apply to you.
This disclaimer of liability applies to any damages
or injury caused by any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission,
computer virus, act of God/act of nature, communication line failure,
theft or destruction or unauthorized access to, alteration of, or
use or record, whether for breach of contract, tortuous behavior,
negligence, or under any other cause of action.
You specifically acknowledge and agree that the Company
is not liable for your defamatory, offensive, infringing or illegal
materials or conduct or that of third parties, and we reserve the
right to remove such materials from this Site without liability.
LIMITATION OF LIABILITY: The express warranties
in these terms are in lieu of all other warranties, condition, terms,
representations and obligations of Nurses Forum. Your use of this
Site and all information contained herein is solely and entirely
at your own risk. In o event will Nurses Forum be liable for any
damages whatsoever (including, without limitation, those resulting
from lost profits, lost data or business interruption, special,
incidental, indirect, punitive or consequential damages, loss of
use, data or profits, business interruption, loss of business information
or other pecuniary loss) arising out of the use, inability to use,
or the results of use of this Site, any web sites linked to this
site, or the materials or information or services contained at any
or all such sites, whether based on warranty, contract, tort or
any other legal theory and whether or not advised of the possibility
of such damages. If your use of the content, information or services
from this Site results in the nee for servicing, repair or correction
of equipment or data, you assume all costs thereof. Applicable law
may not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
TERMINATION: Nurses Forum 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 Nurses Forum, upon
any breach by you of these Terms of Use or if the Nurses Forum is
unable to verify or authenticate any information you submit.
ADVERTISING FEE AND AGREEMENT
PAYMENT: Nurses Forum reserves the right to
hold Advertiser and its authorized advertising agent jointly and
severally liable for any an all amounts owed.
RIGHT TO REFUSE UNACCETABLE ADVERTISING: Nurses
Forum reserves the right to refuse any advertisement sponsorship
banner that does not completely conform to every detail, instruction,
method, and guideline set in the Advertising Specifications which
can be found on the Nurses Forum Site. Nurses Forum reserves the
right to refuse any advertisement graphic that does not arrive 7
days before the Advertiser would like the banner to be produced
online. Nurses Forum does not accept advertising from companies
that produce or provide pornographic products or information that
does not relates to the subject matter of the Nurses Forum (which
Nurses Forum shall have complete discretion to define). This Agreement
is voidable by Nurses Forum immediately if Advertiser fails to disclose
(or conceals or misrepresents) any involvement with pornographic
products or services. In addition, Nurses Forum complete discretion
refuse the use of any other advertising that it deems appropriate.
PAGE IMPRESSION AND/OR USAGE STATISTICS: Nurses
Forum makes no guarantee that usage statistics will be equal to
any published numbers at any given time. Nurses Forum shall not
be held liable for any claims as they relate to said usage statistics.
Nurses Forum provides advertisers with usage statistics only as
a courtesy to the advertisers.
TRUTH IN ADVERTISING/ INDEMNIFICATION FOR LIABILITY:
Advertiser is solely responsible for any legal liability arising
out of or relating to (1) the Advertisement, and/or (2) any material
to which users can link through the Advertisement. Advertiser represents
and warrants that the Advertisement and Link comply with Nurses
Forum’s advertising standards; and that it holds the necessary
right to permit the use of the Advertisement and Link by Nurses
Forum for the purpose of this Agreement; and that the use, reproduction,
distribution, or transmission of the Advertisement will not violate
any criminal laws or any rights of any third parties, including,
but not limited to, such violations as infringement or misappropriation
of any copyright, patent, trademark, trade secret, music, image,
or other proprietary or property right, false advertising, unfair
completion, defamation, invasion of privacy or rights or celebrity,
violation of any anti-discrimination law or regulation, or any other
right of any person or entity. Advertiser agrees to indemnify Nurses
Forum and to hold Nurses Forum harmless from any and all liability,
loss, damages, claims, or causes of action, including reasonable
legal fees and expenses that may be incurred by Nurses Forum, arising
out of or related to Advertiser’s breach of any of the foregoing
representations and warranties. Nurses Forum agrees to request that
publisher be listed as an additional insured or any policy issued
to Nurses Forum pursuant to which could be coverage for any of the
forms of legal liability described in this paragraph.
LIMITATION ON DAMAGES: IN NO EVENT WILL NURSES FORUM
BE LIABLE TO SPONSOR ANY SPECIAL INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE, AND WHETHER OR NOT NURSES FORUM HAS BEEN ADVISED OF
THE POSSIBILTY OF SUCH DAMAGE.
ASSIGNMENT: Advertiser may not assign this
agreement, in whole or in part, without Nurses Forum’s written
consent. Any attempt to assign this Agreement without such consent
will be null and void.
GOVERNING LAW: This agreement will be governed
by and construed in accordance with the law of the State of California.
ENTIRE AGREEMENT: This Terms and conditions
constitute the entire agreement between you and Nurses Forum with
respect to your use of this Site. There are no representations,
warranties, conditions or other agreements, express or implied,
statutory or otherwise, between the parties in connection with the
use of this Site except as specifically set forth in any contract
for services you may have with Nurses Forum (“Agreement”).
If there is any conflict or inconsistency between these Terms and
Agreements between you and Nurses Forum, the provisions of this
Agreement shall govern.
PRIVACY POLICY
COLLECTIVE INFORMATION: Our system automatically
collects information about the areas the user visited on the website.
We may use this information to understand how our site is used and
for future improvement. We may share such information but it is
not our practice to disclose individual names or other personal
information. The following is included in collective information.
COOKIES: A Cookie is a small amount of data
that is sent to your browser from a Web server and stored on your
computer's hard drive. Nurses Forum uses cookies in a responsible
manner to help our visitors with recognition in login and personalization,
among other things. Your browser is most likely set up to accept
cookies automatically. You may disable this feature in your browser.
By doing so, you will lose some of the conveniences. We use cookies
to help rotate banner advertising, to allow subscribers to store
passwords, and to greet our visitors by name when they return. We
do NOT collect or use this information from cookies to develop a
profile about our users.
IP ADDRESSES: An IP address is a number that
is automatically assigned to your computer whenever you begin service
with an Internet Service Provider. We collect IP addresses for the
purposes of system administration and to audit the use of our site.
Our server logs your IP address each time you log onto our site
and each time you request one of our pages. We will on identify
you if it is necessary to enforce our rules, terms of service, or
to protect our service, site, or others.
OTHER INFORMATION: We may require other information
for tracking or verifying compliance with our policies, abiding
by federal, state and local laws and for editorial and feedback
solicitation purposes. In addition, from time to time, we may use
your information for new, unanticipated uses, such as notification
of new services, announcements and general communications. If our
information practices materially change at some time in the future,
we will post such change to the site before we use your data for
these new purposes. We may also gather information on geographical
status to better serve you. We may query your computer to get information
on such as baud rate of your modem or any problems or errors received.
If you are concerned about how your information is used, please
periodically check this privacy policy.
LINKING: Linking to other sites is an integral
part of the functionality of the Internet and therefore of our site.
They include third part links, affiliates, partnerships, and suggested
links. A link will display a URL that is non- nurses-forum.com in
the address window. This means that it is of a different entity.
Please note that we cannot guarantee and are not responsible for
the content of outside sites.
WHEN WE MAY DISCLOSE INFORMATION: We may disclose
user information in special cases when we believe in good faith
that such disclosure is necessary to identify, contact or bring
legal action against someone who may be causing injury to or interference
with (either intentionally or unintentionally) our rights or property
or the rights or property of our users or others. We also may disclose
user information when we believe in good faith that the law requires
it. Finally, in the event of a merger, sale of all or substantially
all of www.nurses-forum.com’s assets or a consolidation we
reserve the right to transfer such personal information to a third
party who agrees to abide by this Privacy Policy and use such personal
information only for the purposes it was originally provided. To
respect the purpose for which our site visitors gave us information.
We give users choice and consent over how their personal information
is used, and remove names immediately upon request.
AFFILIATE USE POLICY
Nurses Forum uses affiliate from time to time to enhance
your experience on our website. The following applies to our use
of affiliates of our website. Nurses Forum has the non-exclusive
right to use the name of the affiliate in any advertising that Nurses
Forum or the website nurses-forum.com may engage in. There is no
time limit when an affiliate will be use. An affiliate may be terminated
at any time upon one day (24 hours) written notice sent by email.
We entitled to terminate or modify any affiliate at any time without
notice to members. Note that all affiliates we use are independent
contractors in relation to Nurses Forum and its website. In no way
is any affiliate an employee, partner, joint venturer, sales representative,
fiduciary, or agent. No affiliate my obligate or bind us in any
manner whatsoever. We are NOT responsible for any affiliates or
the information they provided. Any problems or grievances should
be taken up with appropriate parties.
|
|
