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TERMS & CONDITIONS OF USE
The following are the terms of a legal
agreement (the "Agreement")
between you and MDSpots, Inc., whose website is MDspots.com (the "Company," "we," or "us" as
used herein). The terms "you" and "your" as used herein
refer to all individuals and/or entities accessing this Site for any reason.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THIS
SITE. We offer access to and use of our site to you subject to your acceptance
of these terms and conditions ("Terms").
1. ACCEPTANCE OF TERMS
By accessing, using or obtaining any content, data, materials,
information, products or services through our sites, you
agree to observe these Terms and to comply with all applicable
laws and regulations, including United States copyright and
trademark laws. If you do not accept all of these Terms,
then please leave our site now. You are agreeing to use the
Site at your own risk. The materials on this Web site (the “Site”)
are provided by MDSpots, Inc., whose website is MDspots.com
(“MDSpots”) as a service to its users and may
be used for informational purposes only subject to the provisions
below. By downloading any materials form or otherwise using
this Site, you as a user (“you”) agree to these
terms and conditions (“Terms”). If you do not
agree to them, do not use the Site or download any materials
from it.
2. AMENDMENTS TO THIS AGREEMENT AND CHANGES TO SITE
We reserve the right to change, modify, add or remove Terms
and Conditions at any time by updating this page. Changes will be binding
on you on as of the date they are posted on the Site (or as otherwise
stated in the any notice of such changes). Any use of the Site will be
considered acceptance by you of the then-current Terms and Conditions.
If at any time you find the Terms and Conditions unacceptable, you may
not use the Site any longer. Any new or different terms supplied by you
are specifically rejected by MDSpots unless MDSpots agrees to them in
a signed writing specifically including those new or different terms.
MDSpots may change the Site at any time.
3. USE OF SITES. You may only use our sites if you are at least 18 years
of age and can enter into binding contracts (our sites are not available
for use by minors). You are only authorized to use a single, individual
account for which you will receive a single login and password. You are
responsible for maintaining the secrecy of your passwords, login and account
information. Use of this account by any other person or entity is not permitted.
You will be financially accountable for all uses of our sites by you and
anyone using your password and login information. You may only use our
sites to make legitimate purchases. You may not use our sites: to make
any false or fraudulent purchase; to post or transmit any unlawful, threatening,
libelous, defamatory, obscene, indecent, inflammatory, pornographic or
profane material or any material that could constitute or encourage conduct
that would be considered a criminal offense, give rise to civil liability,
or otherwise violate any law; or for any other purpose that is unlawful
or prohibited by these Terms. We may, at any time and without advance notice
or liability, terminate or restrict your access to all or any component
of our sites. We will use our reasonable commercial efforts to keep our
sites available on a 24-hour/7-day-a- week basis, subject to necessary
scheduled downtime for maintenance, unscheduled maintenance and system
outages. Your access to our sites may not be uninterrupted or available
at all times. We cannot promise that our sites will be error-free, that
defects or errors will be corrected or that our sites or the servers that
make them available are free from viruses or other harmful components.
You will not use any device, software or routine that interferes or attempts
to interfere with the normal operation of our sites or take any action
that imposes an unreasonable load on our computer equipment.
4. SERVICE. The benefit of the service we provide depends in large measure
on the accuracy of the information you provide to us. Therefore, it is
incumbent upon you to provide us with valid and working email address(es)
for you to participate in our service. We cannot be held responsible for,
nor are we obligated to ensure, the accuracy of the information provided
to us by a job seeker, which is made available through this website. Furthermore,
we disclaim any warranty, express or implied, as to the quality of any
job seeker who may use our site. Mistakes in data entry will be corrected
by us in a reasonably timely fashion upon notice by the subscriber. We
cannot promise that all emails will be delivered in a timely fashion and
we cannot guarantee that every email we send will be received or readable
by every recipient.
5. OWNERSHIP
We own and have copyrights on our sites including all software,
design, structure and data compilation, and Materials located thereon,
and all of their contents. You will not copy, reproduce, republish, upload,
post, transmit, distribute, sell, transfer or modify any of the content,
data, information or materials found on our sites, and may not be copied,
reproduced, modified, published, uploaded, posted, transmitted, or distributed
in any way, without MDSpots’ prior written permission. Trademarks,
logos and service marks displayed on our sites ("Marks") are
our registered and common law Marks. Your use of and access to our sites
do not grant you any license or right to use any of these Marks not otherwise
stated herein. You will not use any robot, spider, other automatic device,
or manual process to monitor materials available through our sites. The
name "MDspots.com" and any of the MDspots.com logos may not
be used in any way without the Company's express written permission.
6. SINGLE COPY LICENSE
You acknowledge and agree that the Service and any necessary
software used in connection with the Service (“Software”)
contain proprietary and confidential information that is protected by
applicable intellectual property and other laws. Except as otherwise
indicated on this Site, you may use one copy of the information or Software
(“Materials”) found on this Site on a single computer for
your personal, non-commercial, internal use only unless specifically
licensed to do otherwise by MDSpots in writing or as allowed by any license
terms which accompany or are provided with individual Materials. This
is a personal, non-transferable, non-exclusive right and one copy license,
not a transfer of title, and is subject to the following restrictions:
you may not: (a) modify the Materials or use them for any commercial
purpose, or any public display, performance, sale or rental, including,
without limitation, posting the Materials on any network computer or
broadcasting them in any media; (b) copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise attempt to discover
any source code, sell, assign, sublicense, grant a security interest
in or otherwise transfer any right in the Materials; (c) remove any copyright
or other proprietary notices from the Materials; (d) transfer the Materials
to another person; (e) modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in whole
or in part, except as expressly authorized by MDSpots or advertisers.
You agree to prevent any unauthorized copying of the Materials. MDSpots
reserves all rights not expressly granted in this Agreement. You agree
not to modify the Software in any manner or form, or to use any modified
versions of the Software, including, without limitation, for the purpose
of obtaining unauthorized access to the Service. You agree not to access
the Service by any means other than through the interface that is provided
by MDSpots for use in accessing the Service. MDSpots does not make any
endorsements of Materials found or posted on the site.
7. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any portion of the Service, use
of the Service, or access to the Service.
8. TRADEMARK INFORMATION
All brand, product, service, and process names appearing on
this Site are trademarks of their respective holders, and MDSpots does
not make any endorsements of such trademarks of their respective holders,
that appear on this Site. MDSpots’ trademarks may be used publicly
with written permission only from MDSpots. Fair use of MDSpots’ trademarks
in advertising and promotions of MDSpots products requires proper acknowledgement.
Reference to or use of a product, service, or process does not imply
endorsement, recommendation, approval, affiliation, or sponsorship of
that product, service, or process by MDSpots. You further acknowledge
and agree that Content contained in sponsor advertisements or information
presented to you through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws.
9. INTELLECTUAL PROPERTY POLICY
We respect the intellectual property of others and expect you
to do the same. At our discretion and in appropriate circumstances, we
may terminate your account(s) and/or prevent access to the Site by users
who infringe upon the intellectual property rights of others. Pursuant
to 17 United States Code §512(c)(2) (the Digital Millennium Copyright
Act of 1998, as amended), our designated agent for notice of alleged
copyright infringement appearing on our site is:
To file a notice of infringement with us, you need to fulfill the requirements
specified in Title II of the Digital Millennium Copyright Act of 1998.
The text of this statute can be found at the U.S. Copyright Office web
site, (http://lcweb.loc.gov/copyright).
10. PRIVACY. Your use of our sites is subject to our Privacy Policy. Your
use of our Site assumes that you have read and understand our privacy policy
and that it is reasonable and acceptable to you. Your acceptance of these
Terms is also your consent to the information practices in our privacy
policy.
11. USER SUBMISSIONS
Any material, information or other communication you transmit
or post to this Site will be considered non-confidential and non-proprietary
(“Submissions”). You warrant that you have all rights necessary
to submit data and information to the Service, and to authorize the distribution
and re-distribution of any material you submit for inclusion or use in
the Service. You will provide information that we reasonably request
related to any claim that material you submit infringes the rights of
a third party. MDSpots will have no obligations with respect to the Submissions,
provided that any personally identifiable information shall be handled
in the manner set forth below. MDSpots and its designees, agents, officers,
directors and employees will be free to have world-wide, royalty-free
and fully sub-licensable usage to copy, reproduce, disclose, distribute,
modify, adapt, translate, publish, publicly perform, publicly display,
and to incorporate such Content into other works in any format or medium
now known or later developed, and otherwise use the Submissions and all
data, images, sounds, text, graphics, audio, video and other things embodied
therein for any and all commercial or non-commercial purposes, provided
that any personally identifiable information shall be handled in the
manner set forth below. MDSpots does not make any endorsements of such
Submissions and Communications on MDSpots, nor representations that such
submissions and communications are true and accurate, although, MDSpots
will make all reasonable attempts to ensure that user submissions are
valid, accurate, reliable and in a manner not prohibited by this agreement.
You should make all reasonable attempts to avoid promoting, marketing,
selling in any manner-Products, services, solutions, company information,
and any other information to other Registered Users of this site, on
MDSpots, unless explicitly granted access to post advertisements on this
site. MDSpots does not make any endorsements of such advertisements (if
any) that are posted on this site. You are prohibited from posting or
transmitting to or from this Site any unlawful, threatening, libelous,
defamatory, obscene, pornographic, or other material that would violate
any law or any rights of a third party.
12. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to:
(a) provide true, accurate, current and complete information about yourself
as prompted by the MDSpots’ Member Registration form. If you provide
any information that is untrue, inaccurate, not current or incomplete,
or MDSpots has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, MDSpots has the right
to suspend or terminate your account and refuse any and all current or
future use of the Service (or any portion thereof).
13. MEMBER ACCOUNT, PASSWORD AND SECURITY
You are required to enter your member name, email and password
as part of completing MDSpots’ Member Registration process. You
are responsible for maintaining your member account details. Protect
your password. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities
that occur under your password or account, whether or not authorized
by you. If others use your password to post inappropriate material on
the Site, you risk losing your access to the Site. You agree to (a) immediately
notify MDSpots of any unauthorized use of your password or account or
any other breach of security, and (b) ensure that you exit from your
account at the end of each session. MDSpots cannot and will not be liable
for any loss or damage arising from your failure to comply with this
Section.
14. REGISTERED USER AND MEMBER CONDUCT
The Site is intended for individuals seeking employment and
for employers or recruiters seeking candidates for employment. You may
use this Site only for lawful purposes within the stated context of MDSpots'
intended and acceptable use of the Site. MDSpots is the sole interpreter
of the Site’s intended and acceptable use. MDSpots hereby grants
you a limited, terminable, non-exclusive right to access and use the
Site only for internal business use related to seeking candidates for
employment and/or personal use for individuals seeking employment opportunities.
This authorizes you to view and download a single copy of the material
on the Site solely for your personal use directly related to using the
Site for the purpose of searching and recruiting job prospects.
15. POSTING TERMS AND CONDITIONS
Your posted document may not contain: (i) URLs or links to
Web sites not otherwise related to the job position or posting; (ii)
copyrighted material (unless you own the copyright or have the owner's
permission to post the copyrighted material); (iii) trade secrets (unless
you own them or have the owner's permission to post them); (iv) material
that infringes on or misappropriates any other intellectual property
rights, or violates the privacy or publicity rights of others; (v) anything
that is sexually explicit, obscene, libelous, defamatory, threatening,
harassing, abusive, or hateful; or (vi) anything that is embarrassing
or offensive to another person or entity.
You may not submit document(s) in order to: (i) impersonate another person,
living or dead; (ii) post false, inaccurate or misleading information;
(iii) post advertisements or solicitations of business (including, but
not limited to, Multi-Level Marketing [MLM] positions, Email Processors,
Project 21, franchises, "club memberships," distributorships,
or anything requiring a monetary investment by the User); (iv) post chain
letters or pyramid schemes; or (v) post opinions or notices, commercial
or otherwise.
Your document(s) must contain sufficient detail to convey clearly to the
User the nature and requirements of the job opportunity, or your qualifications
as a candidate for employment. Documents that encourage the User to "email
for more details" are not permitted. Documents from any third party
charging a fee or restricting complete access to all resume information
are prohibited. Resume postings must contain the accurate resume of a living
individual seeking employment on a full-time, part-time, or contractual
basis on his or her own behalf. We cannot be held responsible for, nor
are we obligated to ensure, the accuracy of the information provided to
us.
16. PROHIBITED CONDUCT
You may not respond to postings by other Users in any manner
or for any purpose other than that which is expected (i.e., to apply
for the job or to initiate further discussion with the candidate). Communications
soliciting the employer's business by our competitors are prohibited.
You may not send unsolicited commercial email to Users. You may not delete
or revise any material posted by any other person or entity.
You acknowledge that MDSpots is not obliged to pre-screen Content, but
that MDSpots and its designees, agents, officers, directors and employees
shall have the right (but not the obligation) in their sole discretion
to refuse or remove, edit, move, discard any Content that is available
via the Service. Without limiting the foregoing, MDSpots and its designees,
agents, officers, directors and employees shall have the right to edit,
delete, remove, discard any Content (including the Content that you have
submitted) that violates this agreement or is otherwise objectionable,
at its sole discretion. 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 or submitted
to MDSpots, including but not limited to content submitted to or contained
on our Online Discussion Forum, Article Listings, Links Listings, News
Listings, Data Submission, Data Subscription, or other forums, and in all
other parts of the Service. You acknowledge and agree that MDSpots may
preserve and disclose Content, and information about registered users,
including those who submit data on this site and Service, if required to
do so by law or in our good faith belief that such preservation and disclosure
is reasonably necessary to: (a) comply with legal process; (b) enforce
this agreement; (c) respond to claims that any Content violates the rights
of third-parties; (d) protect the rights, property, or personal safety
of MDSpots, its users and the public; or (e) administer the Service, its
membership registration, its subscription and signup procedures. You understand
that the technical processing and transmission of the Service, including
your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
17. SECURITY
Users are prohibited from violating or attempting to violate
the security of the Site, including, without limitation: (i) accessing
data not intended for such User or logging into a server or account which
the User is not authorized to access; (ii) attempting to probe, scan
or test the vulnerability of a system or network or to breach security
or authentication measures without proper authorization; (iii) 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", "mail
bombing" or "crashing"; (iv) sending unsolicited e-mail,
including promotions and/or advertising of products or services; (v)
forging any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting. Violations of system or network security
may result in civil or criminal liability. Violation of these Security
Rules may result in civil or criminal liability. MDSpots will investigate
occurrences which may involve such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting Users who are involved
in such violations.
18. LINKS TO OTHER SITES
Our sites may contain links to other sites that we do not operate
or control. We are not responsible for these other sites. We provide
these links for your reference and convenience. We do not endorse the
contents of these other sites. These links are not an indication of our
association with the owners or operators of any of these other sites.
You are free to access these other sites, but you do so at your own risk.
You agree not to create a link from any Web site, including any site
controlled by you, to our sites.
19. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that MDSpots shall
not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of
such advertisers on the Service.
20. GENERAL PRACTICE
You acknowledge that MDSpots may establish general practices
and limits concerning use of the Service, including but not limited to
the maximum number of days that site email messages, online discussion
forum, articles, links, news postings, member uploaded media, calendar
appointments, user-defined queries & results on MDSpots, or other
uploaded Content on MDSpots will be retained by the Service, the maximum
number of site email messages that may be sent from or received by an
account on the Service, the maximum size of any site email message that
may be sent from or received by an account on the Service, the maximum
disk space that will be allotted on MDSpots’ servers on your behalf,
and the maximum number of times (and the maximum duration for which)
you may access the Service in a given period of time. You agree that
MDSpots has no responsibility or liability for the deletion or failure
to store any message and other communications or other Content maintained
or transmitted by the Service. You acknowledge that MDSpots reserves
the right to log off accounts that are inactive for an extended period
of time. You further acknowledge that MDSpots reserves the right to change
these general practices and limits at any time, in its sole discretion,
with or without notice.
21. NOTICES AND SITE ADMINISTRATION UPDATES
Unless otherwise noted on the site, in the information provided
by the Service, subscription and signup details, or as stated in this
Agreement, all Site Administration Updates to the Service, will be completed
within 24 to 72 hours of receiving the request, and all Notices and Communications
from MDSpots will be sent within 24 to 72 hours of the respective event
being triggered, for which this Notice or Communication is being sent.
22. INTERNATIONAL USE
MDSpots controls this Site from its offices within the United
States of America. MDSpots makes no representation that Materials in
the Site are appropriate or available for use in other locations, and
access to them from territories where their content is illegal and prohibited.
Those who choose to access this Site from other locations do so on their
own initiative and are responsible for compliance with applicable local
laws. Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States or
the country in which you reside. You may not use or export the Materials
in violation of U.S. export laws and regulations.
23. TERMINATION OF SERVICE
If you are a Registered User and you breach of any of the terms
or conditions of this Agreement. MDSpots may, at its sole discretion,
(a) suspend your access to certain areas of the Site and Service, (b)
terminate your access to certain areas of the Site and Service, for any
reason, including but not limited to lack of use, or if MDSpots believes
that you are in breach of any of the terms or conditions of this Agreement.
Whether or not a breach results in suspension or termination depends
on several factors, including but not limited to the severity of the
breach, the potential harm to other users or to MDSpots, and whether
or not the breach is repeated or cured. If MDSpots suspends or terminates
your right to access or use the MDSpots Site then MDSpots shall, within
24 to 48 hours, provide notice to you of such action. Upon termination,
you will immediately destroy the Materials and all licenses herein shall
immediately terminate. In the case of suspension or termination of access
and/or service, MDSpots is not obliged to refund to You any subscription
fees for the remaining period of subscription after termination. If access
and/or service is suspended, but re-instated later, your subscription
period will be resumed from the point of re-installation until the subscription
period expires, after which normal subscription and charging process
will apply. If access is suspended and then terminated, termination rules
as described above will apply. You agree that termination of your access
to the Service will result in MDSpots to immediately deactivate or delete
your account and all related information and files in your account and/or
bar any further access to such files or the Service. Further, you agree
that MDSpots shall not be liable to you or any third-party for any suspension
or termination of your access to the Service.
24. CANCELLATION OF SERVICE
You have the option to cancel your subscription to the Service
(or any part thereof) at any time. When you cancel you will receive an
email confirmation of the same within 24 to 72 hours. Your cancellation
will be effective after the end of your active subscription period. Upon
cancellation, you will immediately destroy the Materials and all licenses
herein related to the Service (or applicable part thereof) shall immediately
terminate. You agree that MDSpots will not refund any fees already paid
towards the subscription of the Service (or any part thereof), but if
you choose to cancel your subscription, you will not be charged any future
recurring payments for the subscription, following the end of your active
subscription period. You agree that any cancellation of your access to
the Service will result in MDSpots immediately deactivating your access
to the Service (or applicable part thereof) and terminating all related
information and files in your account and/or bar any further access to
such files or the Service (or applicable part thereof). Further, you
agree that MDSpots shall not be liable to you or any third-party for
any cancellation of your access to the Service (or applicable part thereof).
25. DELETING MEMBERSHIP
You can remove yourself as a member of MDSpots at any time.
When you contact us to delete your membership, you will receive an email
confirmation of the same within 24 to 48 hours. You understand that your
request for deleting membership will be treated with the same rules that
apply to Termination of Service described above.
26. MODIFICATIONS TO SERVICE
MDSpots reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Service (or
any part thereof) with or without notice, and without liability. You
agree that MDSpots shall not be liable to you or to any third party for
any modification, suspension, or discontinuance of the Service. Treatment
of Suspension of service is described above in section ‘Termination
of Service’. Treatment of Discontinuance of Service is the same
as that described above for Cancellation of Service above.
27. INDEMNIFICATION
YOU HEREBY AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND
AND HOLD MDSPOTS (AND ITS DESIGNEES, AGENTS, OFFICERS, DIRECTORS AND
EMPLOYEES) HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGE, LIABILITY,
OR EXPENSE ARISING OUT OF OR RELATING TO ANY THIRD-PARTY CLAIM, ACTION,
DEMAND OR ALLEGATION BROUGHT AGAINST MDSPOTS BASED UPON OR RELATING TO,
DUE TO OR ARISING OUT OF (A) A DISPUTE BETWEEN YOU AND A VENDOR OR A
USER (REGISTERED OR OTHERWISE) OVER THE TERMS AND CONDITIONS OF A CONTRACT
OR RELATED TO THE PURCHASE AND SALE OF ANY GOODS/SERVICES, (B) A BREACH
BY YOU OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, (C) ANY ACTION
OF YOU OR A VENDOR OR A USER (REGISTERED OR OTHERWISE) WHICH VIOLATES
ANY LAW, REGULATION OR RIGHTS OF A THIRD PARTY, OR (D) CONTENT YOU SUBMIT,
POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE SERVICE, YOUR USE OF THE
SERVICE, YOUR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THE AGREEMENT,
OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
28. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
•
WE MAKE NO WARRANTY OF ANY KIND REGARDING OUR SITES AND/OR
ANY CONTENT, DATA, MATERIALS, INFORMATION, PRODUCTS OR SERVICES PROVIDED
ON OUR SITES, ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND “AS
AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS,
INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY
STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS
WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
•
WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT OUR
SITES OR SERVICES (I) WILL MEET YOUR REQUIREMENTS, (II) WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, AND/OR (III) WILL PROVIDE RESULTS THAT WILL
BE ACCURATE OR RELIABLE.
•
WE FURTHER DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SITE OR SERVICE WILL MEET YOUR EXPECTATIONS,
AND/OR (II) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
•
WITHOUT LIMITING THE FOREGOING, YOU SHOULD BE AWARE THAT ANYMATERIALS
OBTAINED BY YOU THROUGH THE SITE OR SERVICE MAY CONTAIN ERRORS, OMISSIONS,
INACCURACIES, OR OUTDATED INFORMATION. WE FURTHER DISCLAIM ANY WARRANTY
AS TO THE ACCURACY, COMPLETENESS, ADEQUACY, CURRENCY, VALIDITY, OR RELIABILITY
OF ANY MATERIALS, AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON
OUR SITES. MDSPOTS MAKES NO COMMITMENT TO UPDATE SUCH CONTENT OR INFORMATION.
•
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
•
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM MDSPOTS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT OTHERWISE EXPRESSLY STATED IN THE AGREEMENT.
29. LIMITATION OF LIABILITY
BY USING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND
AND AGREEE THAT:
• MDSPOTS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES
WHATSOEVER INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES, BUSINESS INTERRUPTION, LOSS OF INFORMATION
(EVEN IF MDSPOTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
ARRISING OUT OF OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE
THE SERVICE, MATERIALS OR THE SITE; (II) THE COST OF PROCUREMENT OF GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL MDSPOTS
NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, DESIGNEES, OR AGENTS, BE
LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF OR RELATING TO THIS
AGREEMENT REGARDLESS OF THE FORM OF CLAIM OR ACTION.
• MDSPOTS SHALL NOT BE RESPONSIBLE OR LIABLE FOR (A) ANY DAMAGES
TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY
AS THE RESULT OF YOUR ACCESS TO, USE OF OR BROWSING IN OUR SITES OR YOUR
DOWNLOADING OF ANY CONTENT, INFORMATION, MATERIALS, DATA, TEXT, IMAGES,
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• THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
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30. RELEASE
MDSPOTS IS NOT A PARTY TO ANY ACTUAL ENGAGEMENT BETWEEN OTHER
USERS (REGISTERED OR OTHERWISE) AND YOU. AS A RESULT, MDSPOTS HAS NO
CONTROL OVER THE ACCURACY, QUALITY, SAFETY OR LEGALITY OF REPRESENTATIONS
MADE BY USERS (REGISTERED OR OTHERWISE). YOU ARE WHOLLY RESPONSIBLE FOR
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THEIR OBLIGATIONS. FURTHER, IT IS NOT COMMERCIALLY REASONABLE FOR MDSPOTS
TO AUTHENTICATE THE USERS AND REGISTERED USERS, AND MDSPOTS CANNOT AND
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BE. MDSPOTS ENCOURAGES YOU TO DEVELOP SAFE BUSINESS PRACTICES WHEN USING
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TO, ACTUAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND INCIDENTAL DAMAGES),
KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR RELATIONSHIP WITH THE
USERS (REGISTERED OR OTHERWISE), OR ANY ACTIONS OR OMISSIONS OF A USER
(REGISTERED OR OTHERWISE). IN NO WAY WILL MDSPOTS BE LIABLE FOR ANY LEGAL
ACTIONS BROUGHT AGAINST YOU BY SUCH USERS (REGISTERED OR OTHERWISE).
Nothing on the Site shall be considered an endorsement, representation
or warranty with respect to any User or third party, whether in regards
to its Web site, products, services, hiring, experience, employment or
recruiting practices, or otherwise. MDSpots is not an employment agency
or a recruiting firm, and makes no representations or guarantees regarding
the effectiveness or timeliness of the Site in meeting the employment objectives
of Users. MDSpots does not guarantee that Documents posted by Users will
result in candidates being hired or positions being filled, and is not
responsible for any employment decisions, for whatever reason made, made
by any User. MDSpots assumes no responsibility for Documents posted by
Users and no responsibility for the activities, omissions or other conduct
of Users.
31. GENERAL
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
WITH THE LAWS OF THE STATE OF FLORIDA WITHOUT REGARD TO ITS RULES GOVERNING
CONFLICTS OF LAW. THE PARTIES AGREE THAT THE EXCLUSIVE VENUE FOR ALL
ACTIONS AND ARBITRATIONS RELATING IN ANY MANNER TO THIS AGREEMENT SHALL
ONLY BE IN A FEDERAL OR STATE COURT OF COMPETENT JURISDICTION LOCATED
IN FLORIDA, U.S.A. If any provision of this Agreement is for any reason
held unenforceable or invalid, then this Agreement shall be construed
as if such provision were not contained in this Agreement. 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 Service or the Terms
and Conditions of this Agreement must be filed within one (1) year after
the date of such claim or cause of action arose or be forever barred.
The failure of MDSpots to exercise or enforce any right or provision
of the Agreement shall not constitute a waiver of such right or provision.
You may not assign this Agreement or any of its rights or obligations
without the prior written consent of MDSpots, and any such attempted
assignment will be void. Subject to the foregoing, this Agreement shall
inure to the benefit of and be binding upon the permitted successors,
legal representatives and assigns of the parties hereto. Notwithstanding
anything else set forth herein to the contrary, the relationship between
you and MDSpots is an independent contractor relationship only, and nothing
herein shall be construed to create a partnership, joint venture, franchise,
employment, or any other agency relationship between the parties. If
any provision hereof is declared invalid by a court of competent jurisdiction,
such provisions shall be ineffective only to the extent of such invalidity,
so that the remainder of that provision and all remaining provisions
of this Agreement will continue in full force and effect. The Materials
are provided with “RESTRICTED RIGHTS.” Use, duplication,
or disclosure by the Government is subject to restrictions as set forth
in FAR52.227-14 and DFAR252.227-7013 et seq, or its successor. Use of
the Materials by the Government constitutes acknowledgment of MDSpots’ proprietary
rights in them. The section titles in the Agreement are for convenience
only and have no legal or contractual effect.
32. ENTIRE AGREEMENT
You agree that this Agreement (and, if you are a user who has
registered on this Site (“Registered Users”), any provisions
included in the registration process) is the complete and exclusive statement
of the agreement between MDSpots and you, which supercedes any proposal
or prior agreement, oral or written, and any other communications between
you and MDSpots relating to the subject matter of this Agreement.
Please report any violations of the Terms and Conditions Agreement to
MDSpots - info@MDspots.com.
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