Unless otherwise set forth, all references to the Website or App include all services available the Website or App and all software and services Physicians Employment makes available to you.
These terms contain dispute resolution and limitation of liability provisions.
References to "we," "us," and "our" mean Physicians Employment and references to "you," "your," and "user," means all persons accessing or using the Website or App or entering into a Database Subscription Agreement with Physicians Employment.
Description of the Website and App
The Website and App are places for the creation and posting of information and curriculum vitae by physician job candidates and organizations seeking to hire physicians ("employers"). We do not censor or verify in any way the information posted to the Website or App or exchanged between employers and physicians. In the event of any dispute you may have with a physician, employer or other visitor to the Website or App, you agree to hold us harmless from all claims, demands, losses, or liabilities of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. You assume all risks related to dealing with such other persons.
Your use of the Website or App may require you to register with us and obtain a username or password. You will be responsible for the confidentiality and use of your password and agree not to distribute, transfer, or resell your use of or access to the Website to any third party. If you have reason to believe that your account with us is no longer secure, you should promptly change your password and immediately notify us in writing of the problem. You are responsible for all activities conducted through your account.
Availability of Website and App and Your Agreement
Non-Violation of our Rights or Third-Party Rights
You shall not, directly or indirectly, (a) create derivative works from the content on our Website or App, (b) circumvent, reverse engineer, decrypt, or otherwise alter or interfere with our Website or App in any manner, (c) use any robot, spider or other automated means to access the Website or the App, (d) provide links to, metatag, frame, or mirror our Website of App without our written consent, (e) reproduce, sell, or otherwise exploit, any portion of the Website or App, (f) harass or threaten any person, or post any copyrighted or trademarked materials without permission from the owner, (g) create a database by systematically downloading and storing any Website or App content, or (h) impose an unreasonable or disproportionately large load on our infrastructure or take other action that may harm, disrupt or overburden the Website or the App.
Interruption of Service
Intellectual Property Rights
The name "Physicians Employment," the web address PhysEmp.com, and other trade names, URLs, and Website domain names owned and/or operated by us, any of our graphics, logos and service names and the content on our Website and App are the intellectual property of Physicians Employment. Other than as may be expressly permitted by us by written agreement, you may not use our intellectual property without our written consent.
By using our Website or App you consent to receive communications from us electronically, however, we may communicate with you by other means or by posting notices on our Website. You agree that all notices and other communications that we send you, electronically or otherwise, or which we post on our Website, shall constitute effective notice.
Place to Resolve Disputes and Governing Law
Limitation of Our Liability
We attempt to provide our Website, App, and our services and our Online Services using a commercially reasonable level of skill and care. However, we obtain information from third parties and we are dependent on such sources for accurate information. There may also be occasional errors in entries made to our Website or App, security breaches, software or hardware malfunctions, and human errors or errors in computer functions. So although we strive to furnish accurate information and provide professional services, you agree that we and our officers, directors, employees and other representatives shall not be liable for any breach of agreement, deficiency, error in our services, or other faults including, but not limited to, delays, interruptions, inaccuracies, errors, omissions, or faults, irrespective of the reason for any such breaches, delays, interruptions, inaccuracies, errors, omissions, or faults, and regardless of the form of the action (whether in contract or tort) except for the return of funds paid by you for any services that you have contracted to receive from us.
In addition, neither we nor our employees, directors, officers and other representatives shall be liable to you for special, incidental, consequential, indirect, punitive or exemplary damages (including but not limited to lost data, lost profits or savings, loss of business or other economic loss) arising out of or related to your agreement with us, your use of the website or App, our services, whether or not you have been advised or knew of the possibility of such damages, and regardless of the nature of the cause of action or theory asserted.