Effective Date: January 1, 2016
This website (the “Site”) is operated and maintained by O’Grady Peyton International (USA), Inc. (“Company”), and is designed to provide online resources and staffing information to healthcare professionals and providers. For both your protection and that of Company, the following terms of service (“Terms of Service”) apply to and govern your access to, and use of, the Site.
2. Authorized Use Of Site
Purpose. This Site is intended to be used for lawful purposes only by individuals seeking information regarding healthcare staffing, career opportunities within the healthcare field, and related services. You must be 18 years of age or older to use this Site.
Limited License. As long as you comply with these Terms of Service, Company grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Content of and services on the Site. Any other unauthorized copying, duplication, download or distribution of the content, including but not limited to text, graphics, sounds, images, logos, button icons, videos and software included on the Site and/or any compilation or modification thereof (the "Content") in any manner is expressly forbidden. You acknowledge that you may not sublicense, transfer, sell or assign this license or the services received hereunder. Any attempt to sublicense, transfer, sell or assign this license is null and void. Screen-scraping (or web-scraping) is prohibited without the express written consent of Company.
3. User Prohibitions
Agency Restrictions. Some groups may not be permitted to utilize the services of Company, such as competing healthcare staffing agencies, recruitment organizations, and travel companies who are not members of the AMN Healthcare, Inc. (“AMN”) family or who are not AMN partners. Utilization of Company services is at the discretion of Company.
Restricted Areas. Unauthorized access to registered areas of the Site by non-registered users is prohibited. If you have a password allowing access to a non-public area of this Site, you may not disclose or share your password with any third parties or use your password for any unauthorized purpose.
No Illegal Use of Site. You may not use the Site to transmit, distribute, store, or destroy Content (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret, or other intellectual property rights of others, or violate the privacy, publicity, or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive, or hateful.
No Interference with Security. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization, (c) 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", "spamming", "mailbombing" or "crashing", (d) sending unsolicited email, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any email or posting. Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
4. Specific Prohibited Uses
Company specifically prohibits any use of the Site (and you agree not to use the Site) for any of the following:
• Deleting or revising any content posted by any other person or entity without permission from the user who posted such content.
• Taking any action that imposes an unreasonable or disproportionately large load on this Site's infrastructure.
• Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising, or in any way making up, a part of the Site.
• Aggregating, copying, or duplicating in any manner any of the Content or information available from this Site.
• Framing of, or linking to, any of the Content or information available from this Site.
• Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Company on this Site and other than generally available third party Web browsers (e.g., Microsoft Internet Explorer, Google Chrome, Firefox Mozilla).
5. User Information
6. User Submissions
Responsible Posting. As a user, you are responsible for your own communications, and are responsible for the consequences of their posting. You must not, and by using this Site you agree not to, do the following things:
• Post any incomplete, false, or inaccurate biographical information or information which is not your own accurate resume, or impersonate another person.
• Post any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity, which requires an upfront or periodic payment, pays commissions only, requires recruitment of other members, sub-distributor, or sub-agents.
• Post content that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it.
• Post content that reveals trade secrets, unless you own them, or have the permission of the owner.
• Post content that infringes on any other intellectual property rights of others, or on the privacy or publicity rights of others.
• Post content that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity.
• Post any type of inappropriate and/or sexually-explicit language statement.
• Post advertisements or solicitations of business, or post content that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information.
• Post any hyperlinks to pages off of the Site. Company reserves the right to disable any hyperlinks when posted on the Site.
License from User. By posting any form of content (graphic, text, audiovisual, sound, etc.) to any public or non-public area of the Site, you grant Company and its affiliates and subsidiaries the royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in 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. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
You also permit any subscriber to access, display, view, store, and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Site retains any, and all, rights that may exist in such content. You acknowledge that if you participate in the Company online community, information about you, including your name and any photograph you post which associated with your profile, may be seen by other users. Company cannot guarantee that other users will not use the ideas and information that you share on the Site. Therefore, you should not share information that you wish to keep private or confidential. COMPANY IS NOT LIABLE FOR ANY USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION THAT YOU POST ON THE SITE.
7. Registration and Password
You will be asked to create a password during the registration process. You are responsible for maintaining the confidentiality of the password and your email address, and you are fully responsible for all activities that occur under the auspices of your account. You are to (a) immediately notify Company of any unauthorized use of your password or email address, or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
The Content on the Site is protected under copyright, trademark, and/or other laws, and is the property of Company and/or its content suppliers or clients. Unauthorized use of the Content may violate copyright, trademark, and other laws. You may not sell or modify the Content or reproduce, display, distribute, or otherwise use the Content in any way for any public or commercial purpose, including, but not limited to, the adaptation of the HTML code that Company creates to generate its pages. The “AMN” logo and the logos and services marks used by Company, its affiliates and subsidiaries are the property of AMN. You shall not display, disparage, dilute, or taint AMN’s service marks, or other trademarks, or use any confusingly similar marks or use the marks in such a way that would misrepresent who the proper owner of such mark is. Any permitted use of the service mark by you shall inure to AMN’s benefit. Any other logos (including the AMN logo), trademarks or service marks displayed on the Site are the property of their respective owners.
9. Copyright Infringement Notice
If you believe that any Content has been posted or copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
• Your name, address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• The exact URL of a description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act of behalf of the owner of the copyright interest; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright’s owner’s behalf.
O’Grady Peyton International (USA), Inc.
4 Mall Court, Suite A
Savannah, GA 31406
Attn: Copyright Agent
By this notice, Company seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 U.S.C. Section 512(c) or elsewhere in the law of the United States or any state or territory within the United States.
10. User Postings
Release from User-to-User Dealings. Because user authentication on the Internet is difficult, Company cannot, and does not, confirm that each user is who they claim to be. Because Company is not, and cannot be, involved in user-to-user dealings or control the behavior of participants on the Site, in the event that you have a dispute with one or more users, you release Company (and its affiliates, subsidiaries, agents and employees) from claims, demands, and damages (actual and consequential, direct, and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Company is under no legal obligation to, and generally does not, control the information provided by other users and made available through the Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. Company expects that you will use caution and common sense when using this Site.
Not Responsible For User Conduct or Postings. Company acts as a passive conduit for the online distribution and publication of user-submitted information, and has no obligation to screen communications or information in advance, and is not responsible for screening or monitoring Content posted by users. If notified by a user of communications which allegedly do not conform to this Terms of Service, Company may investigate the allegation and determine in good faith, and its sole discretion, whether to remove or request the removal of the communication. Company has no liability or responsibility to you for performance or nonperformance of such activities. Company reserves the right to expel users and prevent their further access to the Site for violating the Terms of Service or the law and the right to remove communications which are abusive, illegal, or disruptive. Company may take any action, at any time, with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Company, harm other users or may cause Company to lose (in whole or in part) the services of its ISPs or other suppliers.
Inaccuracies. The Content may contain inaccuracies or typographical errors. Company makes no representations about the accuracy, reliability, completeness, or timeliness of this Site or the Content. The use of the Site and the Content is at your own risk. Changes are periodically made to the Site by Company, and may be made to any job postings at any time for any reasons as deemed appropriate by Company. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Content placed by you on the Site.
11. Limitation of Liability and Disclaimer of Warranty
You agree that use of the Site is entirely at your own risk. The Site, and the services provided therein, is provided "as is," without warranty of any kind, either express or implied, including without limitation any warranty for the information or services, uninterrupted or error free access, or products provided through or in connection with the service, including without limitation our software or services licensed to you and the results obtained through the service (unless such warranties are legally incapable of exclusion). Specifically, we disclaim any and all warranties, including without limitation: 1) any warranties concerning the availability, accuracy, or content of information, products, or services; 2) any implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement of any Content published on or available through the Site; or 3) that the server that makes this Site available is free of any viruses or components that may infect, harm, or cause damage to your computer equipment of any other property when you access or otherwise use the Site.
Under no circumstances will Company or any of its affiliates or subsidiaries be liable for any damages or injury resulting from the use (or the inability to use) of the Site or electronic means of communication with this Site, including, but not limited to, damages or injury resulting from any failure of performance, error, omission, interruption, deletion, defect, delay, inoperation, non-transmission, computer virus, communication line failure, theft, or destruction, or unauthorized access to, or incorrectness or incompleteness of Content, whether under breach of contract, tortuous behavior, negligence, or under any other cause of action. You specifically acknowledge that we are not liable for the defamatory, offensive, or illegal conduct of other users or third-parties, and that the risk of injury from the foregoing rests entirely with you.
Company’s entire liability and your exclusive remedy with respect to the use of Company’s services is the cancellation of your registered account or one-month paid subscription fees with Company.
Neither Company, nor any of its agents, affiliates, subsidiaries, co-branders, partners or content providers shall be liable for any direct, indirect or incidental damages, lost profits, or special or consequential damages arising out of use of the Site or inability to gain access to or use the Site whether based on breach of warranty, contract, tort, or any other legal theory, and whether or not Company is advised of the possibility of such damages. You hereby acknowledge that the provisions of this section shall apply to all Content and services on the Site. Some U.S. states and countries do not allow the exclusion or limitation of consequential or incidental damages, so the above limitation or exclusion may not apply to you.
12. Links To Other Sites
13. No Resale or Unauthorized Commercial Use
You agree not to resell or assign your rights or obligations under these Terms of Service. You also agree not to make any unauthorized commercial use of the Site, including placement agencies, headhunter organizations, travel nursing companies, or any other professional human resources companies without the express written approval of Company. Company reserves the right to immediately remove from the Site such postings, or any other postings or Content, without prior notice or notification.
Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including, but not limited to, deletion of your postings from the Site and immediate termination of your registration with, or ability to, access the Site and/or any other service provided to you by Company, upon any breach by you of these Terms of Service, or if Company is unable to verify or authenticate any information you submit.
You agree to hold Company and its affiliates, subsidiaries, employees, contractors, officers, directors, co-branders, partners, and content providers harmless from any, and all, claims, disputes, and expenses, including attorney's fees and court costs, related to your violation of these Terms of Service, including the rules of conduct, or any information, software, files, messages, or other content placed on the Site by you. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Company in that matter.
16. Intended For Use In The United States Only
Company makes no claims that the Content may be lawfully viewed or downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk, and you are responsible for compliance with the laws of your jurisdiction.
17. Additional Terms Of Service
Certain areas of the Site are subject to additional terms of service. By using such areas, or any part thereof, you agree to be bound by the additional terms of service applicable to such areas.
18. Termination of Service
You may terminate your right to use the Site and services at any time by notification to Company. Company may terminate your account or access rights to the Site at any time, without notice, for conduct that Company believes violates these Terms of Service or other policies or guidelines that it has posted on the Site.
19. General Provisions
These Terms of Service are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms of Service shall lie exclusively with the state or federal courts within California. You must commence any cause of action or claim you may have relating to these Terms of Service or your use of the Site within one (1) year after the cause of action or claim arises. If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Terms of Service, which shall remain in full force and effect. No waiver of any term or condition of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of service for areas of the Site, a particular "Legal Notice," or software license or Content on particular web pages, these Terms of Service constitute the entire agreement between you and the Company with respect to the use of the Site. No changes to these Terms of Service shall be made except by a revised posting by Company as described in these Terms of Service.
20. Contact Information
Any notifications, questions or other issues can be directed to:
O’Grady Peyton International (USA), Inc.
4 Mall Court, Suite A
Savannah, GA 31406
Phone: 1 (800) 532-3034