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PLEASE READ CAREFULLY!
By using the
Medicexchange
Website, owned and operated by IntraVision Software Inc., you signify your
agreement to all terms, conditions, and notices contained or referenced herein
(the "Job Bank Terms of Use"). If you do not agree to these Job Bank Terms Of
Use please do not use this site. We reserve the right, at our discretion, to
update or revise these Job Bank Terms Of Use at any time. Please periodically
check the Job Bank Terms Of Use for changes. Your continued use of this site
following the posting of any changes to the Job Bank Terms of Use constitutes
acceptance of those changes. IntraVision Software Inc. may, in its sole
discretion and at any time, modify or discontinue the Service or any portion
thereof; or limit, terminate or suspend your use of the Service without prior
notification to you.
1. Eligibility
All information supplied by you to the
Medicexchange
Website including during the placement of an Advertisement ("Ad"), must be
accurate, including, but not limited to, e-mail address, billing address, and
billing information.
You must be eighteen years or older to place an advertisement or to otherwise
engage in any transaction on the
Medicexchange
Website . If you use the
Medicexchange
Website for any of these purposes, you warrant that you are eighteen years or
older.
2. Fees
There is no charge to browse the
Medicexchange
Website. There are fees to advertise or view resumes.
IntraVision Software Inc. may offer a new service at anytime; the fees for that
service are effective at the launch of the service. You are responsible for
paying all fees associated with using our service. Unless otherwise stated, all
fees are quoted in U.S. Dollars.
3. User Conduct
IntraVision Software Inc. reserves the right to prescreen Ads, including both
images and text. IntraVision Software Inc., at its sole discretion, reserves
the right to refuse to post or delete an Ad without prior notification to you.
If your Ad is deleted for a violation of this agreement, IntraVision Software
Inc. will prorate the amount due to you.
You acknowledge that IntraVision Software Inc. reserves the right at all times
to disclose any information necessary to satisfy any applicable law,
regulation, legal process or governmental request concerning your use of the
Service, or to edit, refuse to post, or to remove any information, posting or
material, in whole or in part, without any prior notification to you.
IntraVision Software Inc. is not responsible for any failure or delay in
removing such material.
4. Risks
The
Medicexchange
Website offers a service for employers and recruiters to list employment
openings and for job seekers to view current listings. Since
Medicexchange
does not prescreen candidates, we have no control over the quality or
legitimacy of the candidates and seekers.
We expect our users to provide
truthful and accurate information, but cannot ensure this, or control the
behavior of participants on our service. By accepting this agreement, you agree
to accept these risks. You should exercise common sense and good judgment when
participating in the use of the
Medicexchange
Website.
5. Proprietary Rights
You acknowledge and agree that all content and materials available on this site
are protected by copyrights, trademarks, service marks, patents, trade secrets,
or other proprietary rights and laws. Except as expressly authorized by
IntraVision Software Inc., you agree not to sell, license, rent, modify,
distribute, copy, reproduce, transmit, publicly display, publicly perform,
publish, adapt, edit, or create derivative works from such materials or
content. Notwithstanding the above, you may print or download one copy of the
materials or content on this site on any single computer for your personal,
non-commercial use, provided you keep intact all copyright and other
proprietary notices. Systematic retrieval of data or other content from this
site to create or compile, directly or indirectly, a collection, compilation,
database or directory without written permission from IntraVision Software Inc.
is prohibited. In addition, use of the content or materials for any purpose not
expressly permitted in these
Medicexchange
Website Terms of Use is prohibited.
As noted above, reproduction, copying, or redistribution for commercial
purposes of any materials or design elements on this site is strictly
prohibited without the express written permission of IntraVision Software, Inc.
6. User’s Grant of
Limited License
By posting or submitting
content to this site, you:
1. grant
Medicexchange
Website, IntraVision Software Inc., and their affiliates and licensees the
right to use, reproduce, display, perform, adapt, modify, distribute, have
distributed, and promote the content in any form, anywhere and for any purpose;
and
2. warrant and represent that
you own or otherwise control all of the rights to the content and that public
posting and use of your content by
Medicexchange
Website will not infringe or violate the rights of any third party.
7. Disclaimer of Warranty
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS
AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT.
MEDICEXCHANGE
WEBSITE AND INTRAVISION SOFTWARE, INC. AND THEIR SUBSIDIARIES AND LICENSORS DO
NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE
WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR
ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME
JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE
EXCLUSIONS MAY NOT APPLY TO YOU. YOU ALSO ACKNOWLEDGE AND AGREE THAT
INTRAVISION SOFTWARE, INC. WILL HAVE NO LIABILITY TO YOU WHATSOEVER FOR ANY
GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR ANY OTHER DAMAGES ARISING
OUT OF YOUR USE OF
MEDICEXCHANGE
WEBSITE OR YOUR ACCEPTANCE OF THIS AGREEMENT.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EITHER
MEDICEXCHANGE
WEBSITE OR INTRAVISION SOFTWARE, INC., OR THEIR SUBSIDIARIES OR LICENSORS, BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS
SITE OR FROM THE PURCHASE, USE, OR INABILITY TO USE ANY PRODUCT OR SERVICE
PURCHASED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY
OTHER BASIS, EVEN IF
MEDICEXCHANGE
WEBSITE OR INTRAVISION SOFTWARE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
MEDICEXCHANGE
WEBSITE AND INTRAVISION SOFTWARE, INC. SHALL NOT IN ANY EVENT BE LIABLE TO ANY
PURCHASER OF ADVERTISING SERVICES ON
MEDICEXCHANGE
Website FOR MORE THAN THE ACTUAL AMOUNT PAID BY THE PURCHASER OF ADVERTISING
SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
IntraVision Software Inc. shall not be in default or
otherwise liable for any delay in or failure of its performance under this
Agreement is such delay or failure arises by any reason beyond its reasonable
control, including any act of God, any acts of common enemy, the elements,
earthquake, floods, fire, epidemics, riots, failure or delay in
transportations, or any act or failure to act by the other party or such other
party’s employees, agents or contractors; provided, however, that lack of funds
shall not be deemed to be a reason beyond a party’s reasonable control.
The buyer and seller will promptly inform and consult with each other as to any
of the above causes which in their judgment may or could cause a delay in the
performance of this Agreement.
9. Indemnification
Upon a request by IntraVision Software, Inc. or
Medicexchange
Website, you agree to defend, indemnify, and hold harmless IntraVision
Software, Inc. or
Medicexchange
Website and their subsidiary and other affiliated companies, and their
employees, contractors, officers, and directors from all liabilities, claims,
and expenses, including attorney's fees, that arise from your use or misuse of
this site. IntraVision Software Inc. reserves the right, at it own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate with IntraVision
Software Inc. in asserting any available defenses.
10. International Use
IntraVision Software Inc. makes no representation that materials on this site
are appropriate or available for use in locations outside the United States,
and accessing them from territories where their contents are illegal is
prohibited. Those who choose to access this site from other locations do so on
their own initiative and are responsible for compliance with local laws.
11. Choice of Law and Choice of Forum
The
Medicexchange
Website Terms of Use shall be governed exclusively by and construed in
accordance with the laws of the State of California and the United States of
America. You expressly agree that the exclusive jurisdiction for any claim or
action arising out of or relating to these
Medicexchange
Website Terms of Use, the purchase of any advertisement, or your use of this
site shall be brought in San Diego County, California.
12. Binding Arbitration
The parties shall settle any controversy arising out of
this Agreement by Binding Arbitration in San Diego County in accordance with
the Arbitration provisions of the California Code of Civil Procedure commencing
at CCP §1280 et seq. A single arbitrator shall be agreed upon by the
parties or, if the parties cannot agree upon an arbitrator within thirty (30)
days, then the parties agree that a single arbitrator shall be appointed by the
American Arbitration Association. The arbitration will take place
pursuant to CCP §1280 et seq. The arbitrator may award attorney’s
fees and costs as part of the award. The award of the arbitrator shall be
binding and may be entered as a judgment in any court of competent
jurisdiction.
13. Injunction Relief
You acknowledge that
Medicexchange
Website proprietary and confidential information, and that disclosure of such
information or misuse of the Service will give rise to irreparable injury to
Medicexchange
Products and Equipment, inadequately compensable in damages. Accordingly,
IntraVision Software Inc. may seek and obtain injunctive relief against the
breach or threatened breach of the foregoing undertakings, in addition to
arbitration any other legal remedies which may be available.
14. Severability and
Integration
Unless otherwise specified herein, this agreement constitutes the entire
agreement between you and IntraVision Software Inc. with respect to the
Medicexchange
Website and supersedes all prior or contemporaneous communications and
proposals (whether oral, written, or electronic) between you and IntraVision
Software Inc. with respect to this site. If any part of these
Medicexchange
Website Terms of Use is held invalid or unenforceable, that portion shall be
construed in a manner consistent with applicable law to reflect, as nearly as
possible, the original intentions of the parties, and the remaining portions
shall remain in full force and effect.
15. Termination
IntraVision Software Inc.
reserves the right, in its sole discretion, to terminate your access to all or
part of this site, with or without notice. THE ACCEPTANCE OF ANY AD OR ORDER OR
PURCHASE PLACED OR SUBMITTED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR
ASSENT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, AND IntraVision
Software Inc. AGREES TO ACCEPT SUCH AD OR ORDER OR PURCHASE ONLY UPON THESE
TERMS AND CONDITIONS AND NOT THOSE CONTAINED ANYWHERE ELSE.
16. Non-Waiver
The decision of IntraVision
Software Inc. not to enforce any of the provisions of the Terms of Use shall
not be construed as a waiver of any of IntraVision Software Inc.’s rights.
17. User Guidelines
Thank you for choosing
Medicexchange
Website! We want all our users to have a safe, positive experience. With this
in mind, we cannot accept all advertising. Please use the following guidelines
to guide you in developing your
Medicexchange
Website advertising campaign.
Unacceptable posts:
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Those that offer no merchandise
or opportunities
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Postings which contain any
disparaging remark or editorial about any business, individual or group,
including other
Medicexchange
Website users
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Ads that constitute invitations
to criminal activity, or solicitations for criminal confession
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Posts containing sexually
explicit language, descriptions or vulgarity
Prohibited
Categories:
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"Adult only" or sexually
explicit merchandise, including but not limited to: videotapes, books,
magazines, tapes, and software
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Alcohol
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Ammunition, fireworks or other
explosive materials
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Bulk e-mail lists
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Child adoption solicitations or
offers
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Content or merchandise
infringing upon another's copyright or trademark
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Drugs & drug paraphernalia
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Escort services
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Human parts and remains
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Firearms
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Illegal drugs and paraphernalia
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Non-charitable lotteries or
raffles
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Software programs designed to
disrupt or in any way damage the functionality of computer software, hardware
or telecommunications equipment
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Stocks & Other Securities
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Stolen goods
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Tobacco
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