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Please review the following terms and conditions carefully.
This Agreement is a legally binding contract between You ("You"
or "Your") and Midwest Healthcare Resources Inc.,
Inc., ("Midwest Healthcare Resources Inc.," "We"
or "Us") regarding Your access to and use of its
web site (the "Site"). By accessing the Site, You
agree to the terms and conditions as outlined in this legal
notice. Midwest Healthcare Resources Inc. reserves the right
to modify these terms and conditions at any time and in our
sole discretion without prior notice to You. Your use of the
Site following any such change constitutes Your agreement
to follow and be bound by the terms as changed.
Content
You understand
that all information, including resumes, employment applications
and any personal information that identifies You ("Personal
Information"), data, text, software, photographs, graphics,
video, messages, postings or other materials (collectively,
the "Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from
which such Content originated.
Employment
Seekers
Midwest Healthcare
Resources Inc. gives You the option of putting Your resume
in our database of healthcare employees and completing an
on-line employment application. In order to submit Your resume
or complete an employment application, You will need to register
with the Site. The Site's registration system requires You
to give Us Personal Information such as Your name, social
security number, email address, demographic information, as
well as any information You provide regarding Your employment
and educational history, as detailed on the resume You submit.
By requesting Us to post Your resume or by completing an employment
application, You agree to have Your Personal Information viewed
by third parties, including but not limited to, potential
health care employers. You may remove Your Personal Information,
including your resume and application information, from our
database at any time by notifying us. If, at a later date,
You choose to have Your name removed from our database, You
can do so by sending an e-mail to Midwest Healthcare Resources
Inc. at the following address: mwhcr@mwhcr.com.
However, third parties may have retained a copy of Your resume
or application information in their own files or databases.
Midwest Healthcare Resources Inc. is not responsible for the
retention, use or privacy of resumes and application information
in these instances, or for the use or privacy of resumes and
application information by any of such parties while resumes
and applications are in the Midwest Healthcare Resources Inc.
database.
Midwest Healthcare Resources Inc. will not be liable in any
way for any Content posted by You, including without limitation,
Your resume or Your completion of an application at the Site,
including, but not limited to, any errors or omissions in
the Content, or for any loss or damage of any kind incurred
by You as a result of the use or display of any Content posted,
emailed or otherwise transmitted via the Site.
Email
Accounts
The Site offers
users the opportunity to open an email account with Us through
Members (the "Email Service"). To open an account,
You must complete the registration process by providing Us
with current, complete and accurate information as prompted
by the registration form. You then will choose a password
and an account name. You are solely responsible for maintaining
the confidentiality of Your password and account. Furthermore,
You understand and agree that the account is Yours, individually,
and that You are solely responsible for any and all activities
that occur under Your account. You have no actual or apparent
authority to bind Midwest Healthcare Resources Inc. through
transactions occurring under that account. Except as may be
consistent with the terms set forth in this Agreement, You
agree not to use the Email Service and/or the Site to 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. You agree
to (a) notify Midwest Healthcare Resources Inc. immediately
of any unauthorized use of Your account or any other breach
of security; and (b) ensure that You completely exit from
Your account at the end of each session.
Chats,
Postings and Bulletin Boards
Although Midwest
Healthcare Resources Inc. reserves the right to review discussions,
chats, postings, transmissions, bulletin boards and similar
services on the Site, Midwest Healthcare Resources Inc. is
under no obligation to do so, and assumes no responsibility
or liability arising from the Content of any such locations,
nor for any error, defamation, omission, falsehood, obscenity,
profanity, inaccuracy, or other improper information within
such locations on the Site. This means that You, and not Midwest
Healthcare Resources Inc., are entirely responsible for all
Content that You upload, post, email, download or otherwise
view or transmit through the Site and the Email Service. However,
Midwest Healthcare Resources Inc. reserves the right to block
or remove communications or materials that it determines,
in its sole discretion to be (a) abusive, libelous, defamatory
or obscene; (b) fraudulent, deceptive, or misleading; (c)
in violation of a copyright or trademark, or any other intellectual
property right of another; or (d) offensive or otherwise unacceptable.
Optional: Any messages, advice, opinions or other information
contained in any discussion area should not be construed as
professional and/or medical advice or instruction. You agree
that You must evaluate, and bear all risks associated with,
the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard,
You acknowledge that You may not rely on any Content created
by Midwest Healthcare Resources Inc. or submitted to any portion
of the Site. You are prohibited from posting or transmitting
any material that could constitute or encourage conduct that
could be considered a criminal offense, give rise to civil
liability, or otherwise violate any law, such as material
which is threatening, defamatory, obscene or profane.
Any communication or material that You transmit to the Site
by electronic mail or otherwise, including any data, questions,
comments, suggestions or the like is, and shall therefore
be treated as, non-confidential and non-proprietary. You hereby
agree that anything You transmit or post may be used by Midwest
Healthcare Resources Inc. or its affiliates for any purpose,
including, but not limited to, reproduction, disclosure, transmission,
publication, broadcast and posting. Furthermore, Midwest Healthcare
Resources Inc. is free to use any ideas, concepts, know-how,
or techniques contained in any communication that You send
to or otherwise provide through the Site for any purpose whatsoever
including, but not limited to, developing, manufacturing and
marketing products using such information.
Midwest Healthcare Resources Inc. will not be liable in any
way for any Content posted at the Site, including, but not
limited to, any errors or omissions in the Content, or for
any loss or damage of any kind incurred as a result of the
use of any Content posted, emailed or otherwise transmitted
via the Site.
Use
and Storage Practices
You acknowledge
that Midwest Healthcare Resources Inc. has established and
may modify at its sole discretion general practices and limits
concerning use of the Email Service, the Site and the Content,
including without limitation the maximum number of days that
email messages, message board postings or other uploaded Content
will be retained by the Site, the maximum number of email
messages that may be sent from or received by an account on
the Email Service, the maximum size of any email message that
may be sent from or received by an account on the Email Service,
the maximum disk space that will be allotted on servers on
Your behalf, and the maximum number of times (and the maximum
duration for which) You may access the Email Service, the
Content and/or the Site in a given period of time. You acknowledge
that Midwest Healthcare Resources Inc. reserves the right
to log off email accounts that are inactive for an extended
period of time. You further acknowledge that Midwest Healthcare
Resources Inc. reserves the right to change these general
practices and limits at any time, in its sole discretion,
with or without notice.
Links
to Other Materials
If any link
is offered connecting You to a third party web site, it is
as an accommodation to the respective third party site owner
and without charge. Sites linked to and from this Site are
not necessarily under the control of Midwest Healthcare Resources
Inc., and Midwest Healthcare Resources Inc. or its franchisees
shall have no responsibilities or liabilities whatsoever for
any content or privacy practices of any such linked site or
any link or linking program at any time. Midwest Healthcare
Resources Inc. does not endorse companies (or related products
or services) to or from which the Site is linked. If You decide
to access any of the third party sites linked to this Site,
You do so entirely at Your own risk. We encourage You to review
and understand any terms of use and privacy policies stated
at any linked sites.
Proprietary
Rights and Restrictions
All material
on the Site, including, without limitation, all informational
text, photographs, illustrations, artwork, software, music,
sound, photographs, graphics, audio, video, messages, files,
documents, images or other materials (collectively, the "Materials"),
whether publicly posted or privately transmitted, as well
as all derivative works, is owned by Midwest Healthcare Resources
Inc. or other parties that have licensed their material to
Midwest Healthcare Resources Inc. and is protected by copyright,
trademark and other intellectual property laws. Midwest Healthcare
Resources Inc. disclaims any proprietary interest in trademarks,
service marks, logos, slogans, domain names and trade names
other than its own. Trademarks, logos, images and service
marks displayed on the Site are the property of either Midwest
Healthcare Resources Inc. or other third parties. You agree
not to display or use such marks without Midwest Healthcare
Resources Inc.' prior written permission.
The Materials on the Site may not be copied, reproduced, republished,
uploaded, posted, transmitted or distributed in any way, including
by e-mail or other electronic means. Without the prior written
consent of Midwest Healthcare Resources Inc., any modification
of the Materials, use of the Materials on any web site or
networked computer environment, or use of the Materials for
any purpose other than personal, non-commercial use could
constitute a violation of the copyright, trademark and other
proprietary rights in the Materials and is expressly prohibited.
Midwest Healthcare Resources Inc. has registered as an agent
with the United States Copyright Office in accordance with
the terms of the Digital Millennium Copyright Act (the "Act")
and avails itself of the protections under the Act. Midwest
Healthcare Resources Inc. reserves the right to remove any
Content, including without limitation the Materials on the
Site which allegedly infringes another person's copyright.
Notices to Midwest Healthcare Resources Inc. regarding any
alleged copyright infringement on the Site should be directed
to mwhcr@mwhcr.com.
Disclaimer
ANY EMPLOYMENT
OPPORTUNITY POSTINGS AND LISTINGS ON THE SITE ARE THE SOLE
RESPONSIBILITY OF THE ENTITIES ASSOCIATED WITH SUCH POSTINGS
AND LISTINGS. MIDWEST HEALTHCARE RESOURCES INC. MAKES NO REPRESENTATIONS
ABOUT AND DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY
FOR THE ACCURACY, COMPLETENESS, TRUTHFULNESS OR TIMELINESS
OF SUCH POSTINGS; INCLUDING WITHOUT LIMITATION THE EXISTENCE
AND AVAILABILITY OF ANY SUCH EMPLOYMENT OPPORTUNITIES AND
THE ACCURACY AND TRUTHFULNESS OF ANY LISTED EMPLOYMENT OPPORTUNITY
DESCRIPTIONS AND SALARIES. MIDWEST HEALTHCARE RESOURCES INC.
SHALL NOT BE RESPONSIBLE FOR ANY EMPLOYMENT DECISIONS MADE
BY YOU. IN ADDITION, NOTHING IN THESE TERMS OF USE SHALL BE
CONSTRUED TO GUARANTEE EMPLOYMENT FOR YOU FOR ANY PARTICULAR
PERIOD OF TIME. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT NO
JOINT VENTURE, PARTNERSHIP, EMPLOYMENT OR AGENCY RELATIONSHIP
EXISTS BETWEEN YOU AND MIDWEST HEALTHCARE RESOURCES INC. AS
A RESULT OF THESE TERMS OF USE OR YOUR USE OF THE SITE. AS
USED ON THE SITE, THE WORD "PERMANENT" IS USED TO
DESCRIBE TRADITIONAL EMPLOYMENT AND MAY NOT BE CONSTRUED TO
IMPLY EMPLOYMENT FOR ANY SPECIFIC PERIOD OF TIME.
YOUR USE OF THE SITE, THE CONTENT, THE MATERIALS AND ANY PRODUCTS
OR SERVICES OFFERED HEREIN ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. THE SITE ACTS AS AN INFORMATION
SOURCE FOR NURSES AND THOSE IN THE HEALTHCARE FIELD. WE ARE
NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN YOU AND A POTENTIAL
EMPLOYER. MIDWEST HEALTHCARE RESOURCES INC. MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, ITS CONTENTS,
ITS SERVICE AND PRODUCT PARTNERS AND DISCLAIMS ALL SUCH REPRESENTATIONS
AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT AND QUIET ENJOYMENT. SHOULD YOU
PURCHASE ANY PRODUCTS THROUGH THIS SITE, SUCH PRODUCTS WILL
BE SUBJECT TO THE WARRANTIES PROVIDED BY SUCH PRODUCT PARTNERS.
ADDITIONALLY, MIDWEST HEALTHCARE RESOURCES INC. DOES NOT REPRESENT
OR WARRANT THAT THE INFORMATION ON THIS SITE OR ANY OTHER
WEB SITE LINKED TO THIS SITE IS ACCURATE, COMPLETE OR CURRENT.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF
THE SITE IS AT YOUR SOLE RISK AND THAT MIDWEST HEALTHCARE
RESOURCES INC. SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY
KIND RELATED TO YOUR USE OF THIS SITE.
Indemnification
You agree to
indemnify and hold Midwest Healthcare Resources Inc., its
subsidiaries, affiliates, officers, agents, licensees, co-branders
or other partners, and employees, harmless from and against
any and all claims, damages, costs and expenses, including
attorney's fees, arising from or related to Your use of the
Site, the Materials or other content.
Governing
Law; Consent to Jurisdiction
You agree that
these Terms of Use are governed by the laws of the State of
Illinois and that proper and convenient venue lies exclusively
with the courts of DuPage County, Illinois. You agree to be
subject to the personal jurisdiction of the State and federal
courts sitting in or having jurisdiction over DuPage County,
Illinois, U.S.A. in the event that any litigation results
concerning any aspect arising out of these Terms of Use and
Service. You agree that the statute of limitations for any
claim against Midwest Healthcare Resources Inc. shall be brought
within one year from when the claim arose, and any claims
not brought within such period of time shall be deemed waived.
Midwest
Healthcare Resources Inc.' Privacy Policy
Please see
our Privacy Policy for a detailed
description of our information gathering and dissemination
practices for the Site.
Limitation
On Liability
YOU AGREE THAT
MIDWEST HEALTHCARE RESOURCES INC. SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES, ARISING OUT OF YOUR USE OR INABILITY TO
USE THE SITE, YOUR FAILURE TO COMPLY WITH THESE TERMS, THE
INFORMATION CONTAINED THEREIN AND ITS OPERATING SOFTWARE,
EVEN IF MIDWEST HEALTHCARE RESOURCES INC. HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (i) YOUR
USE OR INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE EMAIL SERVICE, CONTENT, AND/OR SITE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OF CONDUCT OF ANY THIRD PARTY OR
SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE EMAIL SERVICE,
THE CONTENT, AND/OR THE SITE. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Severability
If any provision
of these Terms of Use is found to be invalid or unenforceable
by a court of competent jurisdiction, such provision shall
be severed from the remainder of these Terms, which shall
remain in full force and effect.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND
IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS; YOU
FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT
OF THE AGREEMENT BETWEEN YOU AND MIDWEST HEALTHCARE RESOURCES
INC. WHICH SUPERSEDES ANY PROPOSED OR PRIOR AGREEMENT, ORAL
OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND MIDWEST
HEALTHCARE RESOURCES INC. RELATING TO YOUR USE OF THE SITE.
If You have any questions or comments about our Terms of Use,
You can contact Us at: mwhcr@mwhcr.com.
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