2. PERMITTED USE
LocumsMart offers the use of the Site to healthcare organizations (“HCOs”) in need of providers of professional healthcare services on a locum tenens basis, as well as to traditional locum tenens recruitment organizations (“Vendors”). Vendors and HCOs wishing to use the Site agree to use the Transactional Contract, which is stored within the administration section of the Site, as the contract to govern the terms and conditions under which said Vendors and HCOs will work together for the PERMITTED USE of filling locum tenens coverage assignments on the Site (“Transactional Contract”). Your Use of the Site constitutes Your agreement that LocumsMart may electronically sign the Transactional Contract on your behalf. IF YOU DO NOT AGREE TO COMPLY WITH THE Transactional Contract, OR THAT LocumsMart MAY ELECTRONICALLY SIGN THE Transactional Contract ON YOUR BEHALF, DO NOT USE THIS SITE. Vendors and HCOs wishing to use the Site may first agree to a separate contract which will supersede the Transactional Contract, and will be stored within the administration section of the Site, and which will govern the terms under which the Vendors and HCO will work together (“Master Contract”). For the avoidance of doubt, if there is a conflict between the terms and conditions contained within the Transactional Contract, and the Master Contract, the Master Contract shall take precedence. Only Vendors and HCOs that agree to the Transactional Contract, or have a Master Contract, may use the Site. You may be a party to more than one Transactional Contract or Master Contract, and You are responsible for understanding the terms contained in each Transactional Contract or Master Contract You are a party to. Once in place, all Users of the Vendors(s) and HCO(s) that are a party to a Transactional Contract or a Master Contract, are authorized to utilize the Site for the Permitted Use of filling locum tenens coverage needs according to the terms contained in the applicable Transactional Contract or Master Contract.
3. PROHIBITED USE
The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to Your use of the Site, You agree not to use the Site to infringe the intellectual property rights of others in any way. LocumsMart will terminate the accounts of any Users who infringe on the copyrights, or other intellectual property rights, of others. LocumsMart reserves the right to take these actions at any time, in its sole discretion, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party Users of the Site. LocumsMart generally does not pre-screen, monitor, or edit the content posted by Users to provider records, assignment records, feedback, bids, communications, services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Site. However, LocumsMart and our agents have the right, at our sole discretion, to remove any content that, in our judgment, does not comply with these TOU and any other rules of User Conduct for our Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
In addition, You may not use Your account to breach security of another User account or attempt to gain unauthorized access to another User account, network or server. Not all areas of the Site may be available to You or other authorized Users of the Site. You shall not interfere with anyone else’s use and enjoyment of the Site or other similar services. Any attempts to use Your account to gather the Confidential Information of LocumsMart or other Users, or attempts to “reverse engineer” the Site, is expressly prohibited. Users who violate systems or network security may incur criminal or civil liability.
You agree that LocumsMart may at any time, and at our sole discretion, terminate Your membership without prior notice to You for violating any of the above provisions. In addition, You acknowledge that LocumsMart will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
4. REGISTRATION AND DATA SECURITY
5. CONDUCT ON SITE
You are solely responsible for Your account information, profile, messages, and postings (including, but not limited to, information posted to assignments, bids, provider records, vendor documents, HCO documents, and feedback), media content (including, without limitation works in any form, media, or technology whether now known or later developed), audio, video, photos, text, images, compilations or other information- collectively referred to herein as “User Content” that You post on the Site, or transmit to other Users. You agree that in submitting User Content or otherwise using the Site that You will not impersonate any person or entity, or submit any materials to LocumsMart and/or other Users that are false, inaccurate, misleading, unlawful, or are otherwise in violation of Your obligations under these TOU. Do not transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic, or profane material, or any other material that could constitute or encourage conduct that could be considered a criminal offense or violate any law. Further, You agree not to use any information or resources available on or through the Site with regards to Providers or facilities to perpetrate prohibited conduct, whether against LocumsMart, other Users, or any other third party. Examples of prohibited conduct include, but are not limited to, chain letters, pornography, or other communication that creates a nuisance or is otherwise offensive to the recipient, and/or otherwise violates the terms You have agreed to with another User according to a Transactional Contract, Master Contract, or LMCA.
6. TERMINATION OF SERVICE
You agree that LocumsMart in its sole discretion, has the right to delete or deactivate Your account, block Your email or IP address, or otherwise terminate Your access to or use of the Site, immediately and without notice, and remove and discard any Content within the Site, for any reason, including, without limitation, if LocumsMart believes that You have acted inconsistently with the letter or spirit of the TOU. Further, You agree that LocumsMart shall not be liable to You or any third-party for any termination of Your access to the Site. Further, You agree not to attempt to use the Site after said termination.
7. NOT A PHYSICIAN REFERRAL SERVICE
LocumsMart is not a physician referral service. LocumsMart does not endorse any preferred or specific doctors, providers, hospitals, HCOs, wellness centers, or Vendors. LocumsMart does not assume any responsibility in connection with choosing any locum tenens provider. LocumsMart does not assume any responsibility or liability for any treatment or other services rendered by any locum tenens provider or for any malpractice claims and/or other claims that may arise directly or indirectly from any such advice, treatment or other services.
8. DISCLAIMER OF WARRANTIES
You understand and agree that the services available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any User communications or personalization of settings. ALL OF THE CONTENT, PRODUCTS AND SERVICES ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LOCUMSMART DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WHILE WE STRIVE TO PROVIDE THE MOST ACCURATE, UP TO DATE INFORMATION POSSIBLE, THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE ASSUME NO RESPONSIBILITY NOR DO WE GRANT ANY WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE OPERATION, SAFETY, CONDITION OR SERVICE OF ANY PHYSICIAN, HEALTH CARE PROVIDER, HOSPITAL, WELLNESS CENTER, LOCUM TENENS RECRUITMENT VENDORS, AND/OR SERVICES ASSOCIATED WITH SUCH ENTITIES THAT ARE USED WHOLLY OR IN PART BY, FOR OR ON BEHALF OF YOU. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH LOCUM TENENS PROVIDER, HCO, OR VENDORS, OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
9. LIMITATIONS OF LIABILITY
LOCUMSMART WILL NOT BE LIABLE FOR THE CONTENTS OF COMMUNICATIONS, MESSAGES OR OTHER INFORMATION SENT BY YOU OR THIRD PARTIES THROUGH USE OF LOCUMSMART.NET. LOCUMSMART WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE FAILURE. LOCUMSMART WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE ANY OF THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE LOCUMSMART SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
UNDER NO CIRCUMSTANCES SHALL LOCUMSMART BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LOCUMSMART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE LOCUMSMART SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE LOCUMSMART SITE OR THE SERVICE, FROM INABILITY TO USE THE LOCUMSMART SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE LOCUMSMART SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE LOCUMSMART SITE OR THE SERVICE OR ANY LINKS ON THE LOCUMSMART SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE LOCUMSMART OR THE SERVICE OR ANY LINKS ON THE LOCUMSMART. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to You. If You are a California resident, You waive California Civil Code.
You agree to indemnify and hold LocumsMart, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, attorneys, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content You submit, post or make available through the Site, Your use of the Site, Your violation of the TOU, Your breach of any of the representations and warranties herein, or Your violation of any rights of another User.
If any provision of this TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Use of the Site or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in this TOU are for convenience only and must not be given any legal import. This TOU may be assigned by LocumsMart at any time. A printed version of this TOU and of any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this TOU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.