Terms of Use

Terms and Conditions

This section states the "Terms and Conditions" under which you may use Doctors per Diem, Inc. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this web site and service. By using this web site, you are indicating your acceptance to be bound by these Terms and Conditions. Doctors per Diem, Inc. may revise these Terms and Conditions at any time by updating this web site. You should review the Terms and Conditions on this web site because the Terms and Conditions are binding on you. The terms "you" and "user" as used herein refer to all individuals and/or entities accessing this web site for any reason.

Authorized Use of Material

The contents of this web site, such as text, graphics, images, logos, button icons, software and other "Material", are protected under both United States and foreign copyright, trademarks and other laws. All Material is the property of Doctors per Diem, Inc. or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this web site is the exclusive property of Doctors per Diem, Inc. and protected by United States and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, distribute, or otherwise use the Material in any way for any unauthorized purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. You may not copy or adapt the HTML code used to generate the pages of this web site. It is also protected by copyright.

Acceptable Site Use

General Rules

You are required to exercise responsible, ethical behavior when using Doctors per Diem, Inc. The web site and its content and Material may be used only for lawful purposes by individuals seeking employment and career information, employers seeking employees, and professionals seeking to buy or sell a practice or equipment. Users may not use the web site in order to transmit, distribute, store or use material (a) in violation of any applicable laws, (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.

Web Site Security Rules

Users are prohibited from violating or attempting to violate the security of the web site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is 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 web site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. Doctors per Diem, Inc. will investigate possible violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who participate in such violations.

Specific Prohibited Uses

Doctors per Diem, Inc. specifically prohibits any use of the web site, and all users agree not to use the web site, for any of the following:

  • Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate resume.
  • Posting any franchise, pyramid scheme, club membership, distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents.
  • Deleting or revising any material posted by any other person or entity.
  • Using any device, software or routine to interfere or attempt to interfere with the proper working of this web site or any activity being conducted on this site.
  • Taking any action which imposes an unreasonable or disproportionately large load on this web site?s infrastructure.
  • If you have a password, allowing access to a non-public area of this web site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose.
  • 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 web site other than the search engine and search agents available from Doctors per Diem, Inc. on this web site and other than generally available third party web browsers ( e.g. Netscape Navigator, Microsoft Explorer).
  • Attempting to decipher, de-compile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the web site.

User Information

When you register for the web site, you will be asked to provide Doctors per Diem, Inc. with certain information including, without limitation, a valid e-mail address (your "information"). In addition to the terms and conditions that may be set forth in any privacy policy on this web site, you understand and agree that Doctors per Diem, Inc. may disclose to third parties, on an anonymous basis, information contained in your registration application. Doctors per Diem, Inc. reserves the right to disclose to any wholly-owned subsidiary company your name, address, e-mail address or telephone number without your prior consent, except as set forth herein or in the privacy policy.

User Submissions

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 web site you agree not to, do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business; post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routings or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or information. Doctors per Diem, Inc. acts as a passive clearinghouse for the online distribution and publication of user-submitted information. We have no obligation to screen communications or information in advance and are not responsible for screening or monitoring material posted by users.

To protect the integrity of Doctors per Diem, Inc. and its users against unauthorized or improper use, Doctors per Diem, Inc. reserves the right, without notice, to limit or restrict any user from using, and to inspect, copy, remove or otherwise alter any data, file, or system resource which may undermine the authorized use of our website. Doctors per Diem, Inc. also reserves the right periodically to take any action with respect to users and communications that it deems necessary or appropriate in its sole discretion to enforce these Terms and Conditions and to avoid liability or other adverse consequences for Doctors per Diem, Inc., or its users.

By submitting content to any public or non-public area of the web site, including message boards, forums, contests and chat rooms, you grant Doctors per Diem, Inc. the royalty-free, perpetual, irrevocable, sublicenseable (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. You also warrant that you have the full and unconditional right to grant the license stated above, and that either you have all right, title and interest in the content or the holder of any rights, including moral rights in such content, has fully and validly 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 authorized use in accordance with these Terms and Conditions. Subject to the foregoing, the owner of such content placed on the web site retains any and all rights that may exist in such content.

Registration and Password

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Doctors per Diem, Inc. of any unauthorized use of your registration or password.

Limitations of Liability

No Refunds

All fees and charges are non-refundable. Contact us if you believe there has been a payment error.

Disclaimer of Liability

You assume all risks associated with use of the web site, including all risk of dealing with other users with whom you come in contact through the web site.

Doctors per Diem, Inc. does not monitor, control, or make any assurances whatsoever regarding the truth, accuracy, quality, safety, legality, or any other aspect of the jobs or resumes posted, or other listings, including the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and/or perform certain professional procedures. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. We cannot and do not confirm that users are who they claim to be. We expect that you will use caution and common sense using this web site.

We are not responsible for the retention or use by others, or the privacy of, information that you submit. Note that if you opt to put your resume in Doctors per Diem, Inc. database, we will use reasonable efforts to grant access only to other healthcare professionals, but we cannot guarantee that they are who they claim to be or that other parties will not, without our consent, gain access to this database.

We do not control the information provided by other users which is made available through the web 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.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume and any other information provided or posted by you on the web site. Employers and other users are solely responsible for their postings on the web site.

We are not responsible for any employment decisions for whatever reason made by any entity posting jobs on the web site, or for any actions of any other user, or for the results of any advice or information given on the web site.

The information given on the web site is not and should not be relied upon as legal advice or other professional advice. As is the case for all important transactions, you should seek the advice of competent legal counsel, accountants, and other appropriate professionals before taking steps to enter into any employment relationship or other legal commitment.

Changes are periodically made to the web site and may be made at any time. We make no claims that the information on the web site is accurate, complete, or up-to-date.

We do not represent or warrant that the web site will operate error-free or that the web site and its server are free of computer viruses or other harmful mechanisms. We disclaim all responsibility for loss of data or interference with files resulting from efforts to maintain the operations, privacy and security of the web site or any of our other computing facilities or from system malfunction or any other cause. If your use of the web site or any material results in the need for servicing or replacing equipment or data, we are not responsible for those costs.

Doctors per Diem, Inc. makes no claims that the Material or content may be lawfully viewed or downloaded outside the United States. Access may not be legal by certain persons or in certain countries. If you access the web site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

ACCESS TO THE WEB SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR ANY OTHER MATTER WHATSOEVER RELATING TO THE WEB SITE, THE MATERIAL, CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.

By use of the web site, you release and agree to indemnify, defend (with attorneys acceptable to us) and hold harmless Doctors per Diem, Inc., and its officers, trustees, directors, agents, employees, and contractors from all claims, demands, actions, judgments, liabilities, damages, costs and expenses (including attorney's fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of Doctors per Diem, Inc., its web site or services.

Disclaimer of Damages

In no event shall Doctors per Diem, Inc., liable for any damages whatsoever, including, without limitation, direct, indirect, incidental, special, and consequential damages, lost profits or lost earnings, or damages resulting from lost data or business interruption, resulting from the use or inability to use the web site and any material, content, services, software, text, graphics or links, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages. Under no circumstances will the aggregate liability to you exceed the fee paid by you for use of the web site with respect to the services that are the subject of your claim.

Links to other Sites

The web site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement of the contents on such third party web sites. Third party web sites may contain material that is harmful to your computer. We are not responsible for the operation, contents, or any other aspect of linked third-party sites and do not make any representations or warranties whatsoever regarding such sites. If you decide to access linked third party web sites, you do so at your own risk.

No Resale

You agree not to resell or assign your rights or obligations as a user.

Enforcement

We reserve the right, as our sole discretion, to pursue all available rights and remedies, including but not limited to deletion of your postings from this web site and immediate termination of your registration with, or ability to access, the web site and/or any other service provided to you by Doctors per Diem, Inc., upon any breach by you of these Terms and Conditions or if Doctors per Diem, Inc. is unable to verify or authenticate any information you submit to the web site registration. The unauthorized or improper use of this web site including the failure to comply these Terms and Conditions constitutes a violation of Doctors per Diem, Inc. policy and may constitute a violation of law. This may subject the violator to disciplinary and/or legal action by Doctors per Diem, Inc. and, in some cases, criminal prosecution. In addition, Doctors per Diem, Inc. may require restitution for any use of service that is in violation of the Terms and Conditions.

General

These Terms and Conditions are governed by the internal substantive laws of the State of Florida, without regard to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts located in Florida. If any provision of these Terms and Conditions 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 these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be effective unless expressly made in writing by Doctors per Diem, Inc., and no waiver shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the web site, a particular "Legal Notice," or Software License or material on particular web pages, these Terms and Conditions constitute the entire agreement by you with respect to the use of the web site. No changes to these Terms and Conditions may be made by you.

Additional Terms of Use

Certain areas of this web site are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.


Doctors per Diem, Inc.
December 29, 2006
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