Terms and Conditions of Use

Terms and Conditions of Use
 
In using this website (the “Site”) you are deemed to have read and agreed to the following terms and conditions:
 
The following terminology applies to these Terms and Conditions, Privacy Statement, and disclaimer notice in this website and any or all agreements: “Clients”, “You” and “Your” referred to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “We” and “Us”, refers to our Company. “Party”, “Parties” or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
 
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. The services offered by the company through this website by Health Staff Connect.com (the “Service” or “Services”) are provided by Health Staff Connect, Inc at the web address www.HealthStaffConnect.com. This “Terms and Conditions of Use” is a legal agreement between you (the user) and Health Staff Connect, Inc (the Company). Please read the Agreement carefully before registering for the Service. By completing your registration and checking the "I Accept" box below, you will become a registered user of the service which binds you to the terms and conditions of this Agreement (in all its forms and subsequent revisions) for the duration you remain a Registered User. YOU AGREE THAT BY USING THE SITE AND THE SERVICES THEREIN YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. The Terms and Conditions of Use are subject to change by the Company at any time, effective upon posting updated Terms and Conditions of Use on our website. Any use of the Service after such notice will constitute acceptance by you of such changes. It is your responsibility to review these Terms and Conditions of Use periodically. If at any time you find these Terms and Conditions of Use unacceptable or if you do not agree to these Terms and Conditions of Use, PLEASE DO NOT REGISTER FOR THIS SITE.
 
1.                   Exclusive Use.
 
a.                   Your account (whether you represent yourself as a business possessing a Tax Identification number, or an individual typically identified via government issued number) is for your exclusive, personal use. Which means:
 
                                                                           i.      you may not authorize others (including but not limited to employers, employees, contractors, business associates, suppliers, vendors, etc) to use your account, 
 
                                                                         ii.      you may not assign or otherwise transfer your account to any other person or entity (including but not limited to employers, employees, contractors, business associates, suppliers, vendors, etc).
 
2.                   Privacy Policy.
 
a.                   Health Staff Connect, Inc respects your privacy and permits you to control the treatment of your personal information. A complete statement of Health Staff Connect, Inc.’s current Privacy Policy can be found by clicking here (Privacy Policy).  Health Staff Connect, Inc.'s Privacy Policy is expressly incorporated into this Agreement by reference.  
 
3.                   When you open an account to use or access certain portions of the Site, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for the maintaining the confidentiality of your password. You may not use a third party's account, user name, or password at any time. You agree to notify Health Staff Connect, Inc immediately of any unauthorized use of your account, user name or password. Health Staff Connect, Inc shall not be liable for any losses you incur as a result of someone else's use of your account or password, either with or without your knowledge or expressed permission. You may be held liable for any losses incurred by Health Staff Connect, Inc, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password.
 
In connection with the use of certain Health Staff Connect, Inc products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant Health Staff Connect, Inc a worldwide, royalty-free, nonexclusive, and fully sub-licensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate Health Staff Connect, Inc.'s rights at any time by removing yourself or profile from the Site.
 
4.                   Online Conduct. As a Registered User, you agree that:
 
a.                   you are solely responsible for the content or information you publish, display or otherwise communicate in any manner on the Service, or transmit to other Registered Users.
 
b.                   you will not post on the Service, or transmit to other Registered Users, or otherwise communicate any defamatory, knowingly inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, generally offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
 
c.                   you will not take actions to promote the physical harm or harassment of another person, engage in or promote spamming, provide information that you know is illegal, false or misleading, or designed to exploit those under 18 or otherwise provide instructional information about illegal activities such as making or buying illegal weapons, violating someone else's right to privacy, or providing or creating computer viruses.
 
d.                   you will use the Service in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a "Specially Designated National", or (iii) placed on the Commerce Department's Table of Deny Orders. Membership in, and use of, the Service is void where prohibited.
 
e.                   this is not an “employment” site it is a “matching” and “networking” site. Health Staff Connect, Inc does not act as an employer of any candidate on the site, nor does Health Staff Connect, Inc act as an employee lease company for any employer on the site. The user is fully responsible for compliance with any employment laws which are applicable to the relationships you engage in with other users on this site.
 
f.                     you will not provide inaccurate, misleading or false information to the Company or to any other Registered User. If information provided to the Company, or another Registered User, subsequently becomes inaccurate, misleading or false, you will promptly make the necessary changes within the website to ensure accuracy.
 
g.                   because we are a fee for use service, we do not allow information sharing outside the parameters set forth by the system. Correspondence with other Registered Users must always be internal and must not include any personal information which would enable other Registered Users to discover your identity or contact you by means outside the Health Staff Connect site. Upon the matching component being activated, certain personal information about you will be made available to, or will otherwise be accessible by, other Registered Users.
h.                   you will not engage in advertising to, or solicitation of, other Registered Users to buy or sell any products or services through the Service unless you are a part of their network or you use our “fee for service” advertising system. You will not transmit any chain letters or junk E-mail to other Registered Users.
 
i.                     you will not post, copy, modify, transmit, show in public or private, create any derivative works from, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
 
 
j.                     you are solely responsible for your interactions with other Registered Users. You agree to take normal precautions when employing, contracting, being employed by, or being contracted by Registered Users.
 
k.                   the Site’s system creates matches using an application whereby data is entered into the system by both candidates and employers. Like temporary employment or employment leasing agencies, we cannot guarantee the authenticity of any of the information provided by either party. We cannot be responsible for anything more than matching. Because we are matching independent employers with independent candidates, we cannot be responsible for any actions either employer or candidate takes against one another including but not limited to pre determined compensation, work hours, work location, working environment, candidate or employer behavior, candidate ability employer’s resources, facility rules, etc., or anything else agreed upon by both employer and candidate. The Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals with whom you match through the Service.
 
l.                     you will promptly report to the Company any violation of the Terms of this Agreement by other Registered Users using our violation reporting form. Feedback Survey Form
 
m.                 the Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Service. The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of this Agreement. Notwithstanding this right of the Company, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE E-MAIL MESSAGES. E-mails sent between you and other Registered Users that are not readily accessible to the general public will be treated as private by the Company to the extent permitted by applicable law.
 
You may not:
n.                   duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit Health Staff Connect, Inc (excluding content posted by you) except as permitted in the User Agreement;
 
o.                   reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide Health Staff Connect, Inc, or any part thereof;
 
p.                   include information in your profile or in Status Updates which reveals your identity such as an email address, phone number or address or is confidential in nature;
 
q.                   utilize information, content or any data you view on and/or obtain from Health Staff Connect, Inc to provide any service that is competitive, in Health Staff Connect, Inc.’s sole discretion, with Health Staff Connect, Inc.;
 
r.                    imply or state, directly or indirectly, that you are affiliated with or endorsed by Health Staff Connect, Inc. unless you have entered in to a written agreement with Health Staff Connect, Inc. (this includes representing yourself as an accredited Health Staff Connect, Inc. trainer if you have not been certified by Health Staff Connect, Inc as such);
 
s.                   adapt, modify or create derivative works based on Health Staff Connect, Inc. or technology underlying the Services, or other Users’ content, in whole or part;
 
t.                    rent, lease, loan, trade, sell/re-sell access to Health Staff Connect, Inc. or any information therein, or the equivalent, in whole or part;
 
u.                   deep-link to the Site for any purpose, (i.e. including a link to a Health Staff Connect, Inc. web page other than Health Staff Connect, Inc.’s home page) unless expressly authorized in writing by Health Staff Connect, Inc. or for the purpose of promoting your profile or a Group on Health Staff Connect, Inc.;
                                                                                      
v.                    access, reload or “refresh” or make any other request to transactional servers more than once during any three second interval;
 
w.                  use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in the site;
 
x.                   use automated methods to add contacts, send messages or other permitted activities;
 
y.                   access, via automated or manual means or processes, Health Staff Connect, Inc. for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
 
z.                   engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Health Staff Connect, Inc.’s website;
 
aa.               attempt to or actually access Health Staff Connect, Inc. by any means other than through the interface provided by Health Staff Connect, Inc.;
 
bb.               attempt to or actually override any security component included in or underlying Health Staff Connect, Inc.;
 
cc.               engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
 
dd.               remove any copyright, trademark or other proprietary rights notices contained in or on Health Staff Connect, Inc, including those of both Health Staff Connect, Inc. or any of its licensors;
 
ee.               remove, alter, cover or otherwise obscure any form of advertisement included as part of Health Staff Connect, Inc;
 
ff.                   use any information obtained from Health Staff Connect, Inc. to harass, abuse or harm another individual or entity;
 
gg.               engage in malicious behavior with or against other users from the site. We will immediately remove, from the site, any user(s) who are engaged in intentionally malicious behavior or actions, have knowingly planned and carried out these behaviors, or intend to carry out any acts; if it comes to the company’s attention.
 
hh.               collect, use or transfer any information, including but not limited to, personally identifiable information obtained from Health Staff Connect, Inc. except as expressly permitted in the User Agreement or the owner of such information may expressly permit;
 
ii.                   interfere with or disrupt Health Staff Connect, Inc., including but not limited to any servers or networks connected to Health Staff Connect, Inc., or disobey any requirements, procedures, policies or regulations of networks connected to the Health Staff Connect, Inc.,
 
jj.                   invite people with whom you have no prior relationship to join your network;
 
kk.               upload a cartoon, symbol, drawing or any content other than a photograph of yourself in your profile photo;
 
ll.                   use or attempt to use another user's account without authorization from the Company, or create a false identity on Health Staff Connect, Inc.;
 
mm.           infringe or use Health Staff Connect, Inc.’s brand, logos and/or trademarks, including, without limitation, using the word “Health Staff Connect, Inc.” in any business name, email, or URL or including Health Staff Connect, Inc.’s trademarks and logos on any website without authorization;
 
nn.               upload, post, email, transmit or otherwise make available or initiate any content that:
 
                                             i.                        falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
 
                                           ii.                        is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
 
                                          iii.                        includes telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Health Staff Connect, Inc.;
 
                                          iv.                        includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
 
                                            v.                        infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
 
                                          vi.                        includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using Health Staff Connect, Inc. invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using Health Staff Connect, Inc. to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases.
 
                                         vii.                        contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Health Staff Connect, Inc. or any User of Health Staff Connect, Inc.;
 
                                       viii.                        forges headers or otherwise manipulates identifiers in order to disguise the origin of any communication transmitted through the Services; and/or
 
                                         ix.                        adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field).
 
oo.               participate, directly or indirectly, in the setting up or development of a network which seeks to implement practices which are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a network thereof or other similar practices;
 
5.                   Consequences of Termination:
 
a.                   Upon termination, the user shall lose all access to Health Staff Connect, Inc. The terms of this Agreement shall survive any termination, except Sections 2 and 3 hereof.
 
6.                   Online Content:
 
a.                   Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon; this includes but is not limited to the “Ask a Pro” section of the site. Authors are solely responsible for such content.
 
7.                   THE COMPANY DOES NOT:
 
a.                   GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SITE; NOR DOES THE COMPANY
 
b.                   ADOPT, ENDORSE NOR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN THE COMPANY. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY REGISTERED OR UNREGISTERED USERS.
 
8.                   Dealings with Advertisers:
 
a.                   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.
 
b.                   You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supplied to the Company with advertisers, or as the result of the presence of such advertisers on the Service.
 
9.                   Unauthorized Users.
 
a.                   It is possible that other Registered Users or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Service and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. The Company is not responsible for the use of any personal information that you disclose on the Service. Please carefully select the type of information that you post on the Service or release to others.
 
10.               Proprietary Rights. Ownership.
 
a.                   This Site is owned and operated by Health Staff Connect, Inc.  All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by Health Staff Connect, Inc. or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by Health Staff Connect, Inc., none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Site shall be construed to confer any license under any of Health Staff Connect, Inc.'s intellectual property rights, whether by estoppels, implication or otherwise. Health Staff Connect, Inc. does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Health Staff Connect, Inc. Any rights not expressly granted herein are reserved by Health Staff Connect, Inc.
 
b.                   The Company owns and retains proprietary rights in the Service. The Service contains copyrighted material, trademarks, and other proprietary information of the Company, its licensors and licensees. In addition, other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
 
c.                   By posting information or content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company and other Registered Users an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
 
11.               Limited Permission to Contact Registered Users with whom you are building employment relationships:
 
a.                   Once a payment is made to and accepted by the Company, Health Staff Connect, Inc. grants you permission to view the working profiles of individual candidates with whom your needs match in the ways approved by Health Staff Connect, Inc.
 
                                             i.                        you may not contact this individual outside the normal procedures outlined in the “rules for matching” section,
 
                                           ii.                        you may not offer the candidate permanent employment outside the normal procedures outlined in the “rules of matching” section,
 
                                          iii.                        you may not contact any specific candidate for employment related services for 24 months after officially discontinuing use of this service.
 
12.               With the exception of the information provided to other Registered Users pursuant to the terms of the Service and as provided in the Company's privacy policy or below, the Company will keep confidential all information supplied to the Company by you, including credit card number(s) and other financial information, and shall use or disclose such information only for the purposes for which such information was collected, or as required by court order or applicable law. If you choose to accept any offers from third-party advertisers made through HealthStaffConnect.com, the Company may supply the advertiser with information you provided the Company, including billing information. For additional information about the collection and possible use of information provided by you, please visit the Company's privacy policy.
 
13.               Links to Third Party Sites.
 
a.                   This Site may contain links to Web sites controlled by parties other than Health Staff Connect, Inc. (each a "Third Party Site"). Health Staff Connect, Inc works with a number of partners and affiliates whose sites are linked with Health Staff Connect, Inc.
 
b.                   Health Staff Connect will also provide space to advertisers who may link their website to the HealthStaffConnect.com website. Health Staff Connect, Inc. is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any Web site accessed from a Third Party Site or any changes or updates to such sites.
 
c.                   Health Staff Connect, Inc. makes no guarantees about the content or quality of the products or services provided by such sites. Health Staff Connect, Inc is not responsible for webcasting or any other form of transmission received from any Third Party Site. Health Staff Connect, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Health Staff Connect, Inc. of the Third Party Site.
 
d.                   You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Health Staff Connect, Inc. is not responsible for any loss or damage of any sort you may incur from dealing with a third party.
 
e.                   You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
 
14.               Unsolicited Submissions.
 
a.                   Except as may be required in connection with your use of Health Staff Connect, Inc.’s Services, Health Staff Connect, Inc. does not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information or material submitted to Health Staff Connect, Inc. through or in association with this Site shall be considered non-confidential and Health Staff Connect, Inc.'s property. By providing such submissions to Health Staff Connect, Inc you hereby assign to Health Staff Connect, Inc. at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. Health Staff Connect, Inc. shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
 
15.               Compliance with Intellectual Property Laws.
 
a.                   When accessing Health Staff Connect, Inc or using any of Health Staff Connect, Inc.'s services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Health Staff Connect, Inc user account.
 
b.                   Health Staff Connect, Inc has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of Health Staff Connect, Inc or of a third party or that violate intellectual property rights generally. Health Staff Connect, Inc.’s policy is to remove such infringing content or materials and investigate such allegations immediately.
 
c.                   If you believe that your copyright has been infringed, and you would like Health Staff Connect, Inc. to remove the material in question, please send an email to administrator@healthstaffconnect.com.
 
16.               Compliance with Export Restrictions.
 
a.                   You may not access, download, use or export the Site or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
 
17.               Children.
 
a.                   Minors are not eligible to use the Site and we ask that they do not submit any personal information to us.
 
18.               Governing Law; Venue.
 
a.                   By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Texas, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in a state or federal court in Texas, and in the County of Collin, Texas. You and Health Staff Connect, Inc agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.
 
19.               Copyrights.
 
a.                   All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2000-2010, Health Staff Connect, Inc.  ALL RIGHTS RESERVED.
 
20.               Trademarks.
 
a.                   Health Staff Connect, Inc, HealthStaffConnect.com, any Health Staff Connect, Inc owned logos, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Health Staff Connect, Inc. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
 
21.               Acknowledgement.
 
a.                   BY USING HEALTH STAFF CONNECT, INC.'S SERVICES OR ACCESSING THE HEALTH STAFF CONNECT, INC SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
 
22.               Additional Terms
 
a.                   Some Health Staff Connect, Inc Services may be subject to additional posted guidelines, rules or terms of service ("Additional Terms") and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.
 
23.               Reviews, Comments, Communications, and Other Content.
 
a.                   At various locations on the Site, Health Staff Connect, Inc may permit visitors to post reviews, comments, and other content (the "User Content"). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Use.
 
24.               Company’s Rights and Responsibilities
 
a.                   Health Staff Connect, Inc. is not the publisher or author of the User Content. It is a passive service for storage and dissemination of the ideas and opinions that Health Staff Connect, Inc. members may choose to post and distribute as User Content. Health Staff Connect, Inc. does not screen words before they are posted, and no prior approval is required for posting. Health Staff Connect, Inc. disclaims all copyright and ownership in such works and all responsibility for them.
 
b.                   Although we cannot make an absolute guarantee of system security, Health Staff Connect, Inc takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by E-MAIL for help.
 
c.                   If Health Staff Connect, Inc.'s technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, Health Staff Connect, Inc reserves the right to delete those files or to stop those processes. If the Health Staff Connect, Inc technical staff suspects a user name is being used by someone who is not authorized by the proper user, Health Staff Connect, Inc. may temporarily disable that user's access in order to preserve system security. In all such cases, Health Staff Connect, Inc. will contact the member as soon as feasible.
 
                                             i.                        Health Staff Connect, Inc. has the right, in our sole and absolute discretion, to edit, redact or otherwise change any User Content,
 
                                           ii.                        re-categorize any User Content to place it in a more appropriate location; or
 
                                          iii.                        pre-screen or delete any User Content that is determined to be inappropriate or otherwise in violation of these Terms of Use, including but not limited to User Content containing offensive language and advertisements.
 
d.                   Health Staff Connect, Inc. reserves the right to refuse service to anyone and to cancel user access at any time.
 
25.               Service Eligibility.
 
a.                   As a Registered User, you represent and warrant that you:
 
                                             i.                        are not under the age of 18;
 
                                           ii.                        have not previously been suspended or removed from Health Staff Connect, Inc.;
 
                                          iii.                        are not a direct competitor of Health Staff Connect, Inc.;
 
                                          iv.                        do not have more than one Health Staff Connect, Inc. account at any given time; and,
                                            v.                        that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. In addition, you must provide all equipment and software necessary to connect to Health Staff Connect, Inc., including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service and to use any part of the Service.
 
26.               Password Security:
 
a.                   It is really important for the User to keep their password confidential, do not use other Users’ accounts and do not let others use your account; you are responsible for anything that happens through your account — until you notify us of a breach (service@healthstaffconnect.com), close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your Health Staff Connect, Inc. account or any information therein to another party or charging anyone for access to any portion of Health Staff Connect, Inc., or any information therein.
 
27.               Indemnify us:
 
a.                   You have to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by
 
                                             i.                        your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws,
 
                                           ii.                        any content you submit to Health Staff Connect, Inc.; or
 
                                          iii.                        any activity in which you engage on or through the Health Staff Connect, Inc.
 
28.               Payment for Services:
 
a.                   If you subscribe to any services that we offer for a charge, you will pay the applicable fees (including, without limitation, daily, weekly, monthly, quarterly, semi-annual or annual fees for premium accounts) as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts.
 
b.                   Notify us of acts contrary to the Agreement: If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.
 
29.               Premium Services
 
a.                   If you have access to any Health Staff Connect, Inc.’s Premium Services, this User Agreement applies to your use of such services.
 
30.               Unique System Applications
 
Health Staff Connect offers many unique applications (both free and premium) users can access with the completion of their profile.
 
a.                   Employer/Candidate Matching Component
 
                                             i.                        Health Staff Connect, Inc.’s system creates matches based upon data entered by candidate and employer users of the system. Health Staff Connect, Inc., cannot guarantee, validate, verify, substantiate, endorse, confirm, or corroborate the authenticity of any of the information provided by either party. Health Staff Connect, Inc. will offer a service whereby the system will use information entered by two or more parties and, using system algorithms, will pair those parties whose information matches most closely.
 
                                           ii.                        Because the healthstaffconnect.com system connects independent employers with independent candidates, the company cannot be responsible for any actions either employer or candidate takes against one another including but not limited to pre determined compensation, work hours, work location, working environment, co-worker interactions, illegal activities candidate behavior, employer behavior, or anything else either agreed upon or not agreed upon by both employer and candidate. 
 
 
                                          iii.                        Please know the federal, state, and local policies, guidelines and laws with respect to employment in your location. Because this is not an employment site it is the responsibility of the connected users to determine a pay amount, pay date, service expectations, etc.
 
                                          iv.                        The employer is responsible for remitting agreed upon compensation to the candidate. If it comes to the sites attention that any party is not upholding their end of the oral, written, legal, formal, informal, etc. contract solidified by each party; they will be removed (at the site administrator’s discretion) from the site and not allowed to return. 
 
                                            v.                        With respect to contracts between users: Site administrators, moderators, advertisers, owners, affiliates, colleagues, users, etc. do not get involved in legal issues with respect to non payment, employment status, employment law, or other employment matching issues, contracts, agreements, informal assertions, implications, or either valid or invalid disputes. Health Staff Connect, Inc. suggests the contract be agreed upon and a contract be signed by both parties before work is ever performed.   However, we DO NOT require that a contract be agreed upon prior to a match being finalized. 
 
                                          vi.                        No matter where you sign up on the site – no matter the profile built (e.g. employee profile, employer profile, network profile – candidate or employer) you may not contact ANYONE on the site for employment purposes without using the provided, for a fee, matching system. Health Staff Connect, Inc required perspective employers pay the required fee to match themselves with any users on the site. Health Staff Connect may fine, litigate, arbitrate, etc. anyone who either knowingly or unknowingly breaks the terms of this contract or the terms of use of the system. The infractors will also be removed immediately from the system and may only return at the discretion of the site administrator. Anytime a “candidate” from the site is used for employment by an “employer” listed on the site, whether that placement is part time, full time, casual, or any other employment type; there must be a fee paid to Health Staff Connect, Inc.
 
b.                   Ask A Colleague
 
                                             i.                        This tool gives users an ability to ask other users specific and sometimes technical questions. These responses are not necessarily representative of the website’s administrators. In addition, please be aware that any and all questions, statements, answers, responses, correspondence, referrals, suggestions, etc. are the opinion of the respondents. 
 
                                           ii.                        The users of the site are not in a position to give credible, health related advisory through site means. 
 
                                          iii.                        This site is for correspondent and interactive use only, not for practical application. Please apply advisory at your own risk as the user cannot be held responsible or liable for any harm done as a result of applying, practically, any information given.
 
c.                   Critical Feedback Component
 
                                             i.                        We have instituted a feedback section where both candidates and employers can take a survey concerning their experiences and have instituted a non subjective scoring guide whereby both employers and candidates can grade one another and is open to public viewing. Prior to accepting any match we STRONGLY RECOMMEND each view their potential match and take into consideration the data given.
 
d.                   Background Check (third party)
 
                                             i.                        The background check tool integrated into the healthstaffconnect.com system is managed and administrated by a third party company. Please read their terms and conditions and their privacy policy located at the following site address:
 
31.               Mobile Services:
 
a.                   Certain parts of the Service may be available via your mobile phone or accessible on your mobile phone through a downloadable application (“Mobile Services”). In using Mobile Services, you agree that we may communicate with you regarding the Service by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In addition, use of the Mobile Services may cause icons and data to be displayed on and through your mobile device, which data may be updated on a periodic basis by connecting to and transferring data from servers through the Internet and/or communication systems to provide content updates and to populate your mobile device with new information.
 
b.                   By using Mobile Services, you hereby explicitly agree to the foregoing service functionality. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Health Staff Connect, Inc account information to ensure that your messages are not sent to the person that acquires your old number. Use of the Mobile Services may result in charges imposed by your wireless provider and you will be responsible for such charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. Finally, by using any downloadable application to enable your use of the Mobile Services, you are explicitly confirming your acceptance of the terms of the mobile End User License Agreement provided at download.
 
32.               Forums/Blogs/Chat Rooms:
 
a.                   Health Staff Connect, Inc. may include various forums, blogs and chat rooms where you can post your observations and comments on designated topics. Health Staff Connect, Inc. cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. HEALTH STAFF CONNECT, INC AND THE HEALTH STAFF CONNECT, INC. AFFILIATES ARE NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.
 
33.               Privacy:
 
a.                   You should carefully read our full Privacy Policy before deciding to become a User of Health Staff Connect, Inc. Please note that certain information, statements, data and content (such as photographs) which you may choose to provide might, or are likely to, reveal your gender, ethnic origin, nationality, religion and/or sexual orientation, and that you are providing all such information, statements, data and content in full acknowledgment thereof and under your sole responsibility. By providing such information to us, all of which is optional, you are hereby expressly giving your informed consent to the processing by us of such “sensitive” data.
 
34.               Export Control:
 
a.                   Your use of Health Staff Connect, Inc services, including its software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining any required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
 
35.               User’s Rights and Responsibilities
 
a.                   You do not have to submit anything to us, but if you choose to submit something (including any User generated content, ideas, concepts, techniques and data), you must grant, and you actually grant by concluding this Agreement, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licenseable, fully paid up and royalty free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. You further agree to inform Health Staff Connect, Inc in the event that any such information has changed since your registration with Health Staff Connect, Inc. and, if appropriate, you agree to make such modifications yourself to your profile.
 
b.                   Health Staff Connect, Inc. exercises no control over any content you or others submit while using Health Staff Connect, Inc. Health Staff Connect, Inc. has no obligation to verify the identity of any Users when they are connected to the site or to supervise the content which has been provided by Users. Note that we describe our current practices related to personally identifiable information collected through Health Staff Connect, Inc. in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise appropriating your information, you must immediately inform Health Staff Connect, Inc.
 
c.                   Prior to joining Health Staff Connect, Inc. you must consider and decide, yourself, the extent to which you wish to reveal information about yourself to the large community of Health Staff Connect, Inc Users and to Health Staff Connect, Inc and you must not communicate to Health Staff Connect, Inc and its Users any information the dissemination of which could be harmful to you.
 
d.                   You are not required to provide your real name when signing up as a user of Health Staff Connect, Inc.’s Networking application. You are however required to give accurate and complete information when signing up on the Health Staff Connect, Inc.’s Employment Matching application. While Health Staff Connect, Inc. does permit anonymous or pseudonymous accounts on both sides, without providing various specific information (as requested) Health Staff Connect will not be able to match your profile with those who may be desirous of your services.
 
e.                   If you have a complaint about the behavior or posts of another user, it is your responsibility to attempt to resolve the conflict, typically by contacting that person directly, if possible. Normally, Health Staff Connect, Inc. staff will not take a role in mediating conflicts between you and other users. Health Staff Connect, Inc. does not take responsibility for your behavior or that of other users. Health Staff Connect, Inc. does not take responsibility for the outcome of any conflict or conflict resolution resulting from interactions between to users or non users of this site. If you do not feel comfortable resolving an issue, do not attempt it. Notwithstanding the foregoing, if such a complaint or conflict arises, the user or users may request that Health Staff Connect, Inc. administrator intervene and attempt to resolve any such dispute. Any such request is not a guarantee that a moderator or administrator will
 
                                             i.                        intervene,
 
                                           ii.                        intervene in a timely manner,
 
                                          iii.                        resolve the dispute in favor of one party or the other, or
 
                                          iv.                        successfully resolve the situation. The decision to intervene rests with Health Staff Connect, Inc. in our sole and absolute discretion.
 
f.                     Your access to the postings that users have posted as User Content is for your personal use only. If you want to redistribute postings you find as User Content, it is your responsibility to obtain permission from the poster (and any other person with rights in such work).
 
g.                   You agree to help protect your account and the security of other users by guarding your password. If you have reason to believe your password has been compromised or there has been any unauthorized use of your account, contact Health Staff Connect, Inc via E-MAIL as soon as possible.
 
36.               Warranties.
 
a.                   NO WARRANTY. THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, HEALTH STAFF CONNECT, INC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
 
b.                   HEALTH STAFF CONNECT, INC. MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
 
c.                   OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. HEALTH STAFF CONNECT, INC. SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
 
37.               Limitation of Liability
 
a.                   IN NO EVENT SHALL HEALTH STAFF CONNECT, INC, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF HEALTH STAFF CONNECT, INC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
 
b.                   IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE COMPANY'S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM ANY CORRESPONDENCE OR BUSINESS DEALINGS WITH THIRD-PARTY ADVERTISERS OR RESULTING FROM THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.
 
38.               While the Company performs an initial screening of individuals registering for the Service, the Company makes no representations or warranties as to the conduct of such individuals or their compatibility with any current or future Registered Users. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS INTRODUCED TO YOU BY THIS SERVICE.
 
39.               Indemnity by Registered User.
 
a.                   You will indemnify and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Service, including, but not limited to, any breach by you of the terms of this Agreement.
 
b.                   To resolve a complaint regarding the Service, you should first contact the Company by sending an email to service@healthstaffconnect.com.
 
40.               Termination.
 
a.                   Either you or the Company may terminate your account at any time, for any reason or no reason, without explanation, with or without written notice to the other party. The Company reserves the right to immediately suspend or terminate your access to the Service, without notice, whether or not the company believes you have violated any Section of this Agreement In the event your access to the Service is suspended due to the breach of this Agreement, you agree that all fees then paid to the Company by you shall be nonrefundable. Following any termination hereof, the Company reserves the right to send a notice that you have been terminated to other Registered Users with whom you have corresponded.
 
41.            Death or Disability.
 
a.                   If by reason of death or disability you are unable to receive all services for which you contracted and pre-paid, you and your estate may elect to be refunded for services other than those received before death or the onset of disability, except as provided in paragraph (c).
 
b.                   If you have prepaid any amount for the Service, so much of the amount prepaid that is allocable to services that you have not received shall be promptly refunded to you or your representative. The Company will revise your invoice and bill you based upon the daily rates of service if you have not used all applicable prepaid services and meet the criteria for refund.
 
c.                   "Disability" shall mean a condition which precludes you from physically using the Service during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to the Company.
 
d.                   If the physician determines that the duration of the disability will be less than six (6) months, the Company may extend the term of the contract for a period of six (6) months at no additional charge to you in lieu of cancellation.
 
42.               General Provisions.
 
a.                   You agree that Texas law (regardless of conflicts of law principles) shall govern this Agreement, and that any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the federal and state courts, other than for actions to enforce any order or judgment entered by such courts.
 
This Agreement, accepted upon registration, contains the entire agreement between you and the Company regarding the use of the Services and this Site. Unless otherwise explicitly stated, the terms will survive termination of your registration. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.