For both your protection and ours, we have established
and other visitors, whether registered or not, to follow while on
our Site. Your continued use of NursingJobs.com means that you acknowledge
notice to you, please check them regularly. Please note that from
time to time in this agreement we will refer to (i) ourselves as
"NursingJobs.com" "we" and/or "the Company";
(ii) jobseekers and employers as "you" and or a "user";
and (iii) our Site as the "Site" or the "NursingJobs.com
2. Authorized Use of Site
Purpose. The NursingJobs.com Site is intended
to be used for lawful purposes only and by individuals seeking employment
and/or career information and employers seeking employees.
License. For the purposes set forth above, the
Company grants you a personal, non-exclusive, non-assignable and
non-transferable license to use and display the contents of and
services on NursingJobs.com Site. Unauthorized copying or duplication
of the content, including but not limited to text, graphics, sounds,
images, logos, button icons 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 NursingJobs.com, such as competing
healthcare staffing agencies, recruitment organizations, and travel
companies who are not members of the AMN Healthcare family or who
are not NursingJobs.com partners. Utilization of this service is
at the discretion of NursingJobs.com 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 non-public 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
NursingJobs.com 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", "mailbombing"
or "crashing", (d) sending unsolicited e-mail, 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 e-mail 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.
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., Netscape Navigator, Microsoft Internet Explorer).
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
Framing of or linking to any of the Content
or information available from this Site.
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").
for further details regarding your Personal Information. You acceptance
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, do the following things:
Post any incomplete, false or inaccurate biographical information
or information which is not your own accurate resume.
Post any franchise, pyramid scheme, "club membership",
distributorship or sales representative agency arrangement or
other business opportunity, which requires an up front or periodic
payment, pays commissions only requires recruitment of other members,
sub-distributors or sub-agents.
Post Content that is copyrighted, unless you are the copyright
owner or have the permission of the copyright owner to post it.
Post Content that reveals trade secrets, unless you own them
or have the permission of the owner.
Post Content that infringe on any other intellectual property
rights of others or on the privacy or publicity rights of others.
Post Content that is obscene, defamatory, threatening, harassing,
abusive, hateful, or embarrassing to another user or any other
person or entity.
Post any type of inappropriate and/or sexually-explicit language
Post advertisements or solicitations of business, post chain
letters or pyramid schemes; impersonate another person; or post
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.
Post any hyperlinks to pages off of the NursingJobs.com
Site. The Company reserves the right to disable any hyperlinks
contained in a job posting or otherwise when posted on the NursingJobs.com
License from User. By submitting any form of
content (graphic, text, audiovisual, sound, etc.) to any public
or non-public area of the NursingJobs.com Site, you grant the Company
and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable
(through multiple tiers), non-exclusive 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.
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 e-mail 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 e-mail address or any other breach of security,
and (b) ensure that you exit from your account at the end of each
The Content on the NursingJobs.com 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. NursingJobs.com 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
9. The Company's Liability
NursingJobs.com Is Only A Venue. The Site acts
as a venue for employers to post job opportunities and for candidates
to apply. The Company is not involved in the actual transaction
between employers and candidates. As a result, the Company has no
control over the quality, safety or legality of the jobs or resumes
posted, the truth or accuracy of the listings or posting by employers
or applicants, the ability of employers to offer job opportunities
to candidates or the ability of candidates to fill job openings.
In addition, note that there are risks, including but not limited
to the risk of physical harm, of dealing with strangers, foreign
nationals, underage persons or people acting under false pretenses.
You assume all risks associated with dealing with other users with
whom you come in contact through the NursingJobs.com Site.
Release from User-to-User Dealings. Because
user authentication on the Internet is difficult, NursingJobs.com
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 NursingJobs.com, 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 NursingJobs.com 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
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
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
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 NursingJobs.com 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.
Not an Employer to Users. The Company is not
to be considered to be an employer with respect to your use of the
Site and the Company shall not be responsible for any employment
decisions, for whatever reason made, made by any entity posting
jobs 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 NursingJobs.com 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
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 NursingJobs.com.
The Company reserves the right to immediately remove from the Site
such postings, or any other postings or Content, without prior notice
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
to verify or authenticate any information you submit.
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
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.
Certain areas of the Site are subject to additional
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
on our Site.
18. General Provisions
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
is found to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the validity of
in full force and effect. No waiver of any term or condition of
of such term or any other term. Except as expressly provided in
Notice," or software license or Content on particular Web pages,
the Company with respect to the use of the NursingJobs.com Site.
posting by the Company on this page.
19. Your Acceptance of these Terms
By using the Site, you signify your assent to
from using our Site. Your continued use of the NursingJobs.com Site