This Agreement (the "Agreement")
describes the terms and conditions regarding use of this Internet
Web Site ("Site"), www.hiremedical.com, and its related services
which are offered by us or our parent company ("We"), or any of its subsidiaries and affiliated sites,
including hireMedical,
hireNursing,
hireBio, hireRx,
hireCentral,
hireBoston,
hireNY,
hireCarolina,
hireMarketing,
justLawJobs,
hireBanking,
go2Hr,
Classes24x7,
BostonTrainer,
BostonTraining,
BostonTrainers,
Contract-Trainer,
or Mesothelioma24x7
By entering this site, You ("You" or "User") are entering into this Agreement
with hireMedical and indicating that You agree to be bound by these
terms and conditions. If You do not agree with these terms and conditions,
please leave this site and close the browser window.
1. Registration. You may not register to use this Site unless You
are at least eighteen (18) years old. During completion of the Registration
Form You were required to select a user ID and password. You will
be required to use Your user ID and password to access the Site. Upon
completion of the Registration Form, selection of a user ID and password
and acceptance of the terms and conditions of this Agreement, You
will have an account with hireMedical ("Account"). hireMedical
may
refuse to provide the Services (as defined below) to any person, or
prohibit any person from using the Services, at any time for any reason,
in our sole discretion.
2. Guard Your Password. You must safeguard the user ID and password
You use to access this Site. You are responsible for maintaining the
confidentiality of Your user ID and password, and are fully responsible
for all activities that occur under Your password or Account. You
authorize us to assume that any person using the Site with Your User
ID and password either is You or is authorized to act for You. You
agree to immediately notify hireMedical of any unauthorized use of
Your password or Account.
3. Provide Accurate Information. You agree to provide true, accurate
and complete information as prompted by the Registration Form, and
to maintain and update such information in order to maintain its truth,
accuracy and completeness. You
may update information regarding Your Account at any time. Whenever
You post any information on or to the Site, You agree to provide true,
accurate and complete information. hireMedical reserves the right
to terminate Your Account upon the discovery that the information
You have provided is not true, complete or accurate.
4. Privacy. Please see our Privacy Policy.
5. Services. hireMedical was developed to facilitate and act as
a conduit in the pairing of individuals and entities seeking
candidates for open positions ("Clients") and individuals who are
looking for nursing, medical and allied health
positions or career enhancement tools ("Candidates"). The hireMedical services
(collectively the "Services") include:
(1) authorizing access to and use of the Site, including the password-protected
and secure portion of that Site;
(2) processing job opportunities ("Opportunities,"
"Positions" or "Jobs") posted to the Site
by Clients;
(3) posting on the Site Clients' job listings within particular
categories For candidate to review;
(4) posting on the Site Candidates' applications made in response
to Opportunities posted by Clients ("Applications");
(5) providing contact information to Clients and Candidates who
wish to interact with one another; and
6. The Process.
(a) Definitions. A "Client" is an individual or entity seeking
qualified candidates. A "Candidate" is an individual
who is seeking nursing, medical and allied health positions, or who is seeking career enhancement opportunities.
(b) Acceptance and Confirmation Process. The process of any interaction
between a Client and Candidate on hireMedical will be conducted
as follows:
(i) an Opportunity (as defined below) will be posted on the
Site by a Client; (ii) hireMedical may send Notifications through
email and through Candidates Accounts to those Candidates with
whose skill set category or categories (as selected by them in their
Registration Form) matches the skill set category or categories
selected by the Client in the Opportunity listing inviting them to submit
Applications (as defined below) in response to the Opportunity listing;
(iii) one or more Candidates will submit Applications in response
to an Opportunity within the timeframe specified in the
Opportunity listing;
(iv) as Candidates submit their Applications hireMedical will send
those Applications with their qualifications to the Client for their review; (v) upon receipt
of the submitted Applications , the Client may either accept one of
the Applications and pursue their Applications or make reject
their Application; (vi)
once a Client has accepted a Candidate's Application, the Candidate
and Client may be individually contacted by a hireMedical
representative to determine next steps in the communication
process. Once a Candidate accepts work from the Client, hireMedical's
involvement
between the Client and Candidate for that Opportunity ends. As described
further in Sections 7 and 8 of this Agreement, hireMedical has
no responsibility for the outcome of the Opportunity.
(c) For Clients. When a Client posts an Opportunity on the Site the
Opportunity listing shall include, at a minimum, a description of the work the
Client would like performed, the description of the Opportunity and
qualifications (such as experience, background, education, etc.), and the
proper hireMedical category in which the Opportunity should be listed
by hireMedical. A Client may include other relevant details regarding
the Opportunity in their discretion. A Client may accept or decline to
accept any Application on any of their Opportunity.
(d) No Manipulation. Clients and Candidates are prohibited from
manipulating subscription fees.
7. hireMedical is a Venue. The Site functions as a venue to assist
Clients and Candidates in finding each other in a virtual marketplace.
hireMedical is not involved in any of the actual transactions or
dealings between Users on the Site. As a result, hireMedical has
no control over the truth, accuracy, quality, legality, or safety
of postings made by Users. Because verifying the identity of a User
on the Internet is difficult, hireMedical cannot and does not confirm
the identity of Users. hireMedical also does not confirm or verify
the qualifications, background, or abilities of Users. hireMedical's
sole responsibility is to post Opportunities and
Applications, make
that information available to Users of the Site and to initiate contact
between Clients and Candidates who wish to interact with one
another. hireMedical has no further responsibility. hireMedical
does not guarantee that using the Services will produce any particular
results for You. hireMedical is not involved in any transaction between
Clients and Candidates; it is not a party to, third-party beneficiary
of, or guarantor of performance with respect to any subsequent agreement
between Client and Candidate. hireMedical does not control, among
other things, whether Candidates will respond to a Project listing,
whether a Candidate's Application will be accepted by a Client, the
availability of a particular Candidate for a particular Opportunity,
the quality of work performed by a Candidate, the payment of a
Candidate by a Client, or the terms upon which Clients and Candidate
agree
to undertake work on Opportunities.
8. Release. Because hireMedical is not involved in the actual transaction
between Users, if You have a dispute with one or more Users, You release
hireMedical and any of its affiliates with whom it operates co-branded
pages through which Users access the Site ("Affiliates") (and our
respective officers, directors, agents, subsidiaries and employees)
from and against any and all claims, demands, losses, costs, expenses,
liabilities and damages (actual and consequential) of every kind and
nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way related to 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."
9. Availability. The availability of the Services depends on many
factors, including User's connection to the Internet, the availability
of the Internet and the Internet backbone and equipment that, by it
nature is not fault tolerant. Subject to the foregoing, hireMedical
will use reasonable efforts to make the Services available 24 hours
per day, 7 days per Week, except for scheduled and unscheduled maintenance,
and will investigate any technical problems that Users report to hireMedical.
10. Payment. hireMedical, at
times, may offer the Services
free of charge. However, hireMedical reserves the right, in its sole
discretion, to charge fees for its Services at any time.
Any changes in this payment policy will be included as modifications
to this Agreement and will be made in accordance with Section 14 herein.
11. Posting of Information on the Site. As a hireMedical User, You
will be able to post information, data, and text to publicly-accessible
and limited-access areas of the Site. In order to operate the Site, hireMedical
must have certain rights. Consequently, when You post
or upload information, text, files, links, software, or other materials
("Content") to publicly-accessible areas of the Site, You represent
and warrant to us that You are the rightful owner of the content,
information, text, files, links and other materials ("Content") You
are uploading, You have obtained all rights necessary to make the
content available on the Site and to grant the rights set forth below,
such content does not infringe or violate the rights of third parties
and such content does not violate law. You acknowledge and agree that
We will have no obligation to enforce, defend or otherwise protect
Your rights in uploaded content and You release hireMedical and any
of its Affiliates (and our respective officers, directors, agents,
subsidiaries and employees) from and against any and all claims, demands,
losses, costs, expenses, liabilities and damages (actual and consequential)
of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way related to
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." You
further acknowledge and agree that You may be held legally liable
for the Content You post on the Site (e.g., if the material You upload
infringes someone else's intellectual property rights or defames someone
or violates their rights of privacy). You agree to accurately categorize
the Content within the classification structure available on the Site.
The opinions expressed in the Content posted on the Site do not reflect
our opinions, and We do not review the uploaded Content prior to posting.
We are not responsible for the Content of postings and do not vouch
for or endorse the Content uploaded onto the Site. You also agree
to all hireMedical policies on the release of contact information
between Users including that other Users of the Services are permitted
to view Your Account profile information which is comprised of the
majority of the information that You submitted on Your Registration
Form.
12. User Obligations. You represent and warrant that You will not
do any of the following in connection with the Site or your use of
the Site: · intentionally or unintentionally violate any applicable
local, state, national or international law or regulation; · upload,
post or transmit any Content that You do not have the right to post
or transmit under any law, contractual duty or fiduciary relationship
(such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under
nondisclosure agreements) or that You obtained in a wrongful manner;
· upload, post or transmit any Content that infringes a third party's
intellectual property rights, rights of publicity or privacy; · upload,
post or transmit any Content that is unlawful, untrue, fraudulent,
harassing, libelous, defamatory, abusive, tortuous, threatening, harmful
(including but not limited to viruses, corrupted files, or any other
similar software or programs) or otherwise objectionable; · access,
tamper with or use non-public areas of the Site (Unauthorized individuals
attempting to access these areas of the Site may be subject to prosecution);
· tamper with postings or Content of other Users; · do anything which
would create or impose an unreasonable or disproportionately large
burden or load on the Site; · upload, post or transmit false or misleading
information about a product or service; · frame or link to the Site
except as permitted in writing by hireMedical ; · impersonate any
person or entity, falsely state Your identity or otherwise misrepresent
Your affiliation with a person or entity; · upload, post, email or
otherwise transmit any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes,"
or any other form of solicitation or gather or use information, such
as other users' email addresses to do any of the foregoing; · upload,
post, email or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment; · interfere with or disrupt
the Services or servers or networks connected to the Services, or
disobey any requirements, procedures, policies or regulations of networks
connected to the Services; · engage in the unauthorized practice of
any vocation, including legal or medical advice or other advice or
information which may only be lawfully rendered or provided by a licensed
professional; · use any robot, spider, other automatic device or manual
process to monitor or copy our web pages or Content without our prior
written permission; or · take any actions
which may undermine the integrity of any future Feedback system, such as:
leaving positive Feedback for Yourself using secondary accounts or
third parties; leaving negative feedback for other users using secondary
accounts or third parties; or leaving negative Feedback if a User
fails to perform an action that is outside the scope of Your arrangement
with that User. You agree to: · abide by and follow hireMedical's
current guidelines on listing Opportunities and Applications; · perform Your
obligations as specified by the terms of Your Opportunity or
Application listing once You have accepted a response or reply from another User.
13. Modification of Agreement. We may modify this Agreement by, 10
days before the new terms and conditions are to become effective,
by posting the new terms and conditions in the same location as the
previous terms and conditions Were posted. If You continue to use hireMedical, then You will be considered to have accepted the modifications.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, THEN YOUR ONLY RECOURSE
IS TO CEASE USING THE SERVICES.