Legal Disclaimer and Terms of Usage
USE OF THIS SITE SIGNIFIES YOUR ACCEPTANCE OF ALL
THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY
THESE TERMS AND CONDITIONS, PLEASE EXIT THIS SITE IMMEDIATELY.
These restrictions and conditions of use should be read carefully and in their
entirety prior to your using the Site. By using the Site, you signify your
acceptance of all these restrictions and conditions on use of the Site and agree
to be bound by the full terms set forth below. If you do not agree to all of
these terms of use you will signify your disagreement by not using the Site and
immediately exiting.
PhysicianWork may change these restrictions and conditions at any time.
1. Restrictions on Use
A. Direct employers (hospitals, health systems, HMO's, management companies &
medical practices) and recruiting/staffing firms (permanent and temporary
staffing companies) are not authorized to access PhysicianWork using a "Job
Seeker" login. Direct Employers and Recruiting/Staffing companies are only
authorized to register in the appropriate "Employer" or "Recruiting/Staffing
Company" areas of PhysicianWork, and to pay monthly subscription fees for
posting jobs/candidates or searching jobs/candidates. Any access to
PhysicianWork by any "Employer" or "Recruiting/Staffing Firm" to the "Job
Seeker" area is unauthorized and subject to all applicable law. Unauthorized use
of any material contained on this Site may violate copyright laws, trademark
laws, trade secret laws, the laws of privacy and publicity, and communications
regulations and statutes. Any entity who violates the provisions contained in
this paragraph agrees to pay PhysicianWork a fine in the amount of $25,000.00
per occurrence, plus reasonable attorneys' fees and costs, within ten (10) days
after receipt of written notice from PhysicianWork or its representative
describing the violation in question.
B. Use of computer software, programs or scripts to download job or candidate
data from PhysicianWork is strictly prohibited. Any entity who violates the
provisions contained in this paragraph agrees to pay PhysicianWork a fine in the
amount of $25,000.00 per occurrence for each job profile or candidate profile
accessed, plus reasonable attorneys' fees and costs, within ten (10) days after
receipt of written notice from PhysicianWork or its representative describing
the violation in question.
C. Access to PhysicianWork's database by any other job board or a direct
competitor to PhysicianWork.com's services, or any persons representing or
acting as agents for any other job board or direct competitor to
PhysicianWork.com's services is strictly prohibited. Copying/downloading
PhysicianWork's job or candidate databases by a competitor for any purpose is
unauthorized activity and will result in appropriate legal action. Any entity
who violates the provisions contained in this paragraph agrees to pay
PhysicianWork a fine in the amount of $25,000.00 per occurrence for each job
profile or candidate profile accessed, plus reasonable attorneys' fees and
costs, within ten (10) days after receipt of written notice from PhysicianWork
or its representative describing the violation in question. Any person who has a
recruiting firm, employer or job seeker login on PhysicianWork shall also be
liable for any fines and attorney's fees listed in this paragraph in the event
their login is used by another job board or a direct competitor to access
PhysicianWork's job profiles or candidate profiles for any purpose.
D. The Site and its contents are proprietary to PhysicianWork and you agree not
to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse
engineer, decompile, or dissemble any aspect of the Site, with the following
exception: You may display, print, and keep a printed copy of content
provided by PhysicianWork for your personal use. You may not, without
PhysicianWork’s written permission, "mirror" or "frame" any material contained
on this Site. PhysicianWork, and all other names, logos, and icons identifying
PhysicianWork’s products and services are proprietary marks of PhysicianWork,
and any use of such marks without the express written permission of
PhysicianWork is strictly prohibited. Unauthorized use of any material contained
on this Site may violate copyright laws, trademark laws, trade secret laws, the
laws of privacy and publicity, and communications regulations and statutes. You
agree that you will not, directly or indirectly, use the Site or the information
contained therein (a) to compile mailing lists or other lists for commercial
purposes; (b) to establish independent data files or compendiums of statistical
information; or (c) in violation of local, state, national, or international
laws and regulations. Other terms of use may be available, but only with the
express written permission of PhysicianWork. Please e-mail PhysicianWork at
webmaster@physicianwork.com to receive additional information about the
possibility of alternative custom arrangements.
2. No Recommendations or Medical Advice
PhysicianWork is not a medical referral service, and does not recommend or
endorse any particular healthcare provider or medical service of any kind.
PhysicianWork does not offer advice regarding the quality or suitability of any
particular healthcare provider for medical treatment or for any medical
condition, and no information on the Site should be construed as health or
medical advice. PhysicianWork EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND
LIABILITY ARISING FROM YOUR USE OF OR RELIANCE ON THE SITE OR THE INFORMATION
CONTAINED THEREIN AS A REFERENCE SOURCE, AND FOR ANY ADVICE, TREATMENT, OR
SERVICES RENDERED BY ANY HEALTHCARE PROVIDER FEATURED ON THE SITE. You should
review medical information carefully with your professional healthcare provider.
Information from the Site is not intended to replace medical advice offered by
physicians or other professional healthcare providers. PhysicianWork makes no
representations or warranties with respect to any treatment, action or
application of medication or preparation by any person following the information
offered or provided within or through the Site, and PhysicianWork will not be
liable for any direct, indirect, consequential, special, exemplary or other
damages arising therefrom.
3. Healthcare Provider/Patient Relationship
You acknowledge and agree that PhysicianWork is only an intermediary that
provides selected healthcare-provider information to you. You agree to assume
all responsibility in connection with choosing any healthcare provider, whether
as a patient or otherwise, whether or not you obtained information about such
healthcare provider through the Site. PhysicianWork assumes no responsibility or
liability for any claims that may result directly or indirectly from the
healthcare provider/patient relationship, including but not limited to medical
malpractice claims.
4. Links to Other Sites
PhysicianWork may provide links, in its sole discretion, to other Web sites for
your convenience in locating health, medical and healthcare-related products,
information and services. These sites have not been reviewed by PhysicianWork
and are maintained by third parties over which PhysicianWork exercises no
control and, accordingly, PhysicianWork expressly disclaims any responsibility
for the content, the accuracy of the information, and/or quality of products or
services provided by or advertised on these third-party Web sites. Moreover,
these links do not imply, directly or indirectly, endorsement by or affiliation
with any third party or any Web site, products or services provided by any third
party.
5. Advertising
PhysicianWork, in its sole discretion, may post the advertisements of third
parties on the Site. Your correspondence or dealings with advertisers found on
the Site are solely between you and such advertiser. You agree that
PhysicianWork shall not be responsible for any loss or damage of any sort
incurred as a result of any such dealings or as the result of the presence of
such advertisers on the Site. Moreover, PhysicianWork shall not be responsible
or liable for the statements or conduct of any third party on this Site,
including but not limited to advertisers.
6. Transactions with Third Parties
The Site may allow you to purchase products and services directly from
third-party vendors through links on the Site ("Linked Vendors"). PhysicianWork
is not a party to any transaction between you and any Linked Vendor. By using
the Site, you acknowledge and agree that PhysicianWork shall have no liability
for any cost, damage or harm arising directly or indirectly from (i) any
products or services ordered through a Linked Vendor (including, without
limitation, delivery (or failure to deliver), quality, performance,
compatibility, and suitability for a particular purpose), and (ii) any action or
inaction of any Linked Vendor. PhysicianWork makes no warranties or
representations whatsoever regarding any product or service provided or offered
by any Linked Vendor and you acknowledge that any reliance on representations
and warranties provided by any Linked Vendor shall be at your own risk.
PhysicianWork EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING
GOODS OR SERVICES YOU OBTAIN FROM Linked Vendors AND YOU AGREE TO LOOK SOLELY TO
SUCH Linked Vendors FOR ALL CLAIMS REGARDING SUCH GOODS AND SERVICES.
7. Payments to Linked Vendors
Payment for products and services offered by Linked Vendors on this Site can be
made either via the Internet (either by transmitting credit card information via
the Internet and/or electronic funds transfer), or by other methods. You agree
that PhysicianWork cannot guarantee that any form of payment via the Internet is
secure or that a third party will not be able to access or intercept such
payment information. If you have concerns about payment via the Internet, you
should use an alternative means of payment. You acknowledge and agree that
PhysicianWork will have no liability for failure of any electronic payment
system offered by Linked Vendors accessible through the Site
8. Third-Party Content
Certain materials from Linked Vendors (and other third parties) may be made
available as part of the Site or through links from the Site. As a general
matter, these third parties have obtained such information from sources believed
by them to be reliable. PhysicianWork makes no representation with respect to,
nor does it guarantee or endorse the accuracy, completeness, timeliness,
reliability or correct sequencing of, such third parties. Likewise,
PhysicianWork does not endorse, oppose or edit any opinion or analysis expressed
by such third parties. PhysicianWork expressly disclaims responsibility and
liability for materials provided by such third parties.
9. Confidentiality on Internet
Use of the Internet is solely at your own risk and is subject to all applicable
local, state, national, and international laws and regulations. While
PhysicianWork has endeavored to create a secure and reliable Site, please be
advised that the confidentiality of any communication or material transmitted to
PhysicianWork over the Internet cannot be guaranteed. Consequently,
PhysicianWork is not responsible for the security of any information transmitted
via the Internet, the accuracy of the information contained on the Site, or for
the consequences of any reliance on such information. Please judge your actions
accordingly.
10. Privacy Policy
PhysicianWork considers protecting your personal data to be important, and has
developed a Privacy Policy (click here to view) outlining PhysicianWork’s personal data collection and use practices, which is
incorporated by reference as if set forth in its entirety herein. Please refer
to it for complete information.
11. Right to Use Submissions
By transmitting or posting any suggestions, information, material, or other
content (collectively, "content") to PhysicianWork, you automatically grant
PhysicianWork the royalty-free, perpetual, irrevocable, nonexclusive right and
license to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, redistribute, transmit, perform and display such content
(in whole or 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. Further, PhysicianWork is free to use any
ideas, concepts, know-how, techniques, and suggestions (collectively,
"information") contained in any communications you send to the Site for any
purpose whatsoever, including but not limited to creating, manufacturing, and
marketing products and/or services using such information.
12. Security of the Site
Actual or attempted unauthorized use of the Site may result in criminal and/or
civil prosecution. For your protection, PhysicianWork reserves the right to
view, monitor and record activity on the Site without notice or permission from
you. Any information obtained by monitoring, reviewing or recording may be
subject to review by law enforcement organizations in connection with
investigation or prosecution of possible criminal activity on the Site.
PhysicianWork will also comply with all court orders involving requests for such
information.
13. Force Majeure
PhysicianWork will not be liable for any loss resulting from a cause over which
it does not have direct control, including but not limited to failure of
electronic or mechanical equipment or communication lines, telephone or other
interconnect problems, computer viruses, unauthorized access, theft, operator
errors, severe weather, earthquakes, or natural disasters, strikes or other
labor problems, wars or governmental restrictions.
14. Changes in Service
While PhysicianWork endeavors to provide the most accurate, up to date
information available, the information and material on the Site may contain
technical inaccuracies or typographical errors, and may be changed or updated
without notice; PhysicianWork will not be liable or responsible for any such
inaccuracies, errors, changes or updates. PhysicianWork also reserves the right
to change and/or discontinue its currently provided services at any time, for
any reason.
15. Limitation of Liability and Warranty
USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. PhysicianWork IS NOT RESPONSIBLE
FOR THE CONSEQUENCES OF OR RELIANCE ON ANY INFORMATION CONTAINED IN OR SUBMITTED
TO THE SITE, OR PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, AND THE RISK OF
INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
PhysicianWork EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING
SEPARATE AGREEMENTS YOU MAY MAKE WITH THIRD-PARTY HEALTHCARE PROVIDERS AND
LINKED VENDORS, AND YOU AGREE TO LOOK SOLELY TO SUCH THIRD- PARTY HEALTHCARE
PROVIDERS AND LINKED VENDORS FOR ANY AND ALL CLAIMS ARISING OUT OF SUCH
AGREEMENTS AND/OR THE MEDICAL CARE PROVIDED BY SUCH PARTIES.
THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS, SERVICES OR RESULTS;
AND (2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. PhysicianWork MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, THAT USING THE DATABASES OR THE SITE WILL ASSIST
YOU IN ANY WAY, WHETHER TO LOCATE A SUITABLE HEALTHCARE PROVIDER, HEALTH PLAN,
HEALTHCARE RELATED INFORMATION OR FOR ANY OTHER PURPOSE. PhysicianWork DOES NOT
WARRANT OR REPRESENT THAT (A) THE SITE CONTAINS ALL RELEVANT DATA, OR (B) THE
INFORMATION ON THE SITE OR IN THE DATABASES IS ACCURATE AND COMPLETE OR ERROR
FREE.
NEITHER PhysicianWork NOR ITS EMPLOYEES, AGENTS, DIRECTORS, EMPLOYEES,
PROPRIETORS, PARTNERS, REPRESENTATIVES, STOCKHOLDERS, SERVANTS,
ATTORNEYS-IN-FACT, PREDECESSORS, SUCCESSORS AND ASSIGNS WILL BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT
LIMITED TO LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR
LOSS OF USE OF THE SERVICES PROVIDED AT THE SITE) ARISING OUT OF USE OF THE
SITE, THE INFORMATION CONTAINED ON THE SITE, ARRANGEMENTS MADE BASED ON
INFORMATION OBTAINED AT THE SITE, OR PRODUCTS OR SERVICES OBTAINED THROUGH THE
SITE, EVEN IF PhysicianWork HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF PhysicianWork
(AND THE PARTIES REFERENCED ABOVE IN THIS PARAGRAPH) ASSOCIATED WITH ANY CLAIM
ARISING DIRECTLY OR INDIRECTLY FROM THE SITE FOR ANY REASON WHATSOEVER SHALL BE
LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 15 WILL
APPLY TO YOUR USE OF THE SITE, ALL CONTENT AND INFORMATION CONTAINED IN THE
SITE, ALL ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE, AND ALL
PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE.
16. Indemnity
You agree to defend, indemnify and hold harmless PhysicianWork and its
affiliates and all of their respective employees, agents, directors, officers,
employees, proprietors, partners, representatives, stockholders, servants,
attorneys, predecessors, successors and assigns, from and against any and all
claims, proceedings, damages, injuries, liabilities, losses, costs and expenses
(including reasonable attorneys’ fees and litigation expenses), relating to or
arising from your use of the Site, any arrangements you make based on
information obtained at the Site, any products or services obtained through the
Site, and any breach by you of these restrictions and conditions.
17. Termination of Access and Changes to Terms
PhysicianWork reserves the right at any time to deny you access to the Site or
any portion thereof. PhysicianWork may change these restrictions and conditions
at any time, and you will be subject to these terms and conditions as then in
effect at the time you are using the Site.
18. Governing Law
These restrictions and conditions have been made in and will be construed and
enforced in accordance with the laws of the State of Florida, without giving
effect to any principles of conflicts of law. Any action to enforce these
restrictions and conditions may be brought in the federal or state courts
presiding in Orlando, Florida, U.S.A., and both parties expressly agree to be
subject to the jurisdiction of such courts. This Site is controlled and operated
by PhysicianWork from its offices within the United States. PhysicianWork 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 contents
are illegal is prohibited. If you choose to access this Site from locations
other than the United Sates you do so on your own volition and you are
responsible for compliance with applicable local laws.
19. General
Failure to insist on strict performance of any term of these restrictions and
conditions will not operate as a waiver of any subsequent default or failure of
performance. No waiver of any term of these restrictions and conditions will be
valid unless in writing and acknowledged in writing or electronically by both
parties. If any portion of these restrictions and conditions is adjudged invalid
or unenforceable by a court of competent jurisdiction, the remaining portions
will remain valid, enforceable, and carried into effect. No joint venture,
partnership, employment or agency relationship exists between you and
PhysicianWork as a result of these restrictions and conditions or your use of
the Site. Any rights not expressly granted herein are reserved.
20. Entire Understanding
These restrictions and conditions and PhysicianWork’s Privacy Policy constitute
the entire understanding between you and PhysicianWork with respect to your use
of the Site, and shall supersede any and all prior understandings or agreements
between the parties, whether written or oral. If the use of a PhysicianWork
product or service available on the Site is governed by the terms of a separate
online or hard-copy agreement, and the event of any conflict between the terms
and conditions of such separate agreement and those set forth herein, the terms
of such separate agreement will control with respect to such product or service.
By using the Site you acknowledge that, in providing you access to and use of
the Site, PhysicianWork has relied on your acceptance of these restrictions and
conditions.
USE OF THIS SITE SIGNIFIES YOUR ACCEPTANCE OF ALL
THE TERMS AND CONDITIONS SET FORTH ABOVE. IF YOU DO NOT WISH TO BE BOUND BY
THESE TERMS AND CONDITIONS, PLEASE EXIT THIS SITE IMMEDIATELY