purpose of the NursingJobs.com site is to provide online resources and
job information to nurses and employers. For both your
which we expect all our job seekers, employees, and other visitors,
whether registered or not, to follow while on our Site. Your continued
use of the NursingJobs.com website means that you acknowledge these terms
of use and agree to abide by them at all times. Because we reserve the
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 Site".
2. Authorized Use of Site
The NursingJobs.com Site is intended to be used for lawful purposes only
and by individuals age 18 or over seeking employment and/or career
information and NursingJobs.com employees.
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 the NursingJobs.com 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
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.
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
Quantity restrictions. Users
who operate under a free account are limited to 20 active jobs at any
one time. Failure to adhere to this policy may result in the removal of
the account. Users who wish to post additional jobs may contact NursingJobs.com to purchase additional job posting space.
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.
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.
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
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
6. User Submissions
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.
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, 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 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.
- Post any type of inappropriate and/or sexually-explicit language statement.
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 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. You acknowledge that if you participate in
the NursingJobs.com online community information about you, including your
name and the photograph associated with your profile, may be seen by
other users. NursingJobs.com cannot guarantee that other users will not
use the ideas and information that you share on the NursingJobs.com site.
Therefore, you should not share information that your wish to keep
private or confidential. NURSINGJOBS.COM IS NOT LIABLE FOR AN USER’S
MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION THAT YOUR POST
ON THE SITE.
7. Registration and Password
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 session.
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 our benefit.
9. The Company's Liability
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 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
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.
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.
10. Limitation of Liability and Warranty
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
in-operation 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.
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 Use
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 or
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
the Company is unable to verify or authenticate any information 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
15. Intended For Use in the United States Only
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.
areas, or any part thereof, you agree to be bound by the additional
17. Termination of Service
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
that we have posted on our Site.
18. General Provisions
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
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
continuing waiver of such term or any other term. Except as expressly
"Legal Notice," or software license or Content on particular Web pages,
Company with respect to the use of the NursingJobs.com Site. No changes to
Company on this page.
19. Your Acceptance of These Terms
using the Site, you signify your assent to the NursingJobs.com Terms of
continued use of the NursingJobs.com Site following a reasonable notice of
accept the changes.