Terms and Conditions

Post Jobs Search Resumes Advertise

Terms of Use Agreement

HealthcareGypsy.com

A Place for Healthcare Travelers

March 2008

IMPORTANT--READ CAREFULLY: These Terms and Conditions are a legal contract between you (either an individual or a single business entity) and HealthcareGypsy.com’s website, operated by HealthcareGypsy.com. The online Professional Network includes job postings, resume access, banner advertising, members profiles, personal and professional information and advertiser’s company profiles and professional information.

HealthcareGypsy.com is a professional social networking website that allows Members to create unique personal profiles online in order to find and communicate with old and new friends. The services offered by HealthcareGypsy.com ("HealthcareGypsy.com" or "us") include the HealthcareGypsy.com website (the "HealthcareGypsy.com Website"), the HealthcareGypsy.com Internet messaging service, and any other features, content, or applications offered from time to time by HealthcareGypsy.com in connection with the HealthcareGypsy Website. The HealthcareGypsy Services are hosted in the U.S.

BY REGISTERING FOR A JOB POSTING, RESUME ACCESS OR BANNER ADVERTISING, BY MAKING A PURCHASE THROUGH THE SITE, OR BY OTHERWISE USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO SUCH TERMS AND CONDITIONS, DO NOT USE THE WEBSITE AND EXIT NOW.

All information submitted through the HealthcareGypsy.com is publicly accessible. You must protect important and private information; we are not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network provider that you may use.

HealthcareGypsy.com may modify this Agreement from time to time and such modification shall be effective upon posting by HealthcareGypsy.com on the HealthcareGypsy website. You agree to be bound to any changes to this Agreement when you use the HealthcareGypsy website after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Please choose carefully the information you post on HealthcareGypsy.com and that you provide to other Users. Your HealthcareGypsy.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other HealthcareGypsy.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and HealthcareGypsy.com assumes no responsibility or liability for this material. If you become aware of misuse on the HealthcareGypsy website by any person, please contact HealthcareGypsy or click on the "Contact" link at the bottom of any HealthcareGypsy.com page.

By submitting any material to HealthcareGypsy.com, such as by posting a job listing or resume, you are thereby granting to us a non-exclusive license to reproduce, display, distribute, modify and create derivative works from such material and to use such material and the fact of your authorship of it for marketing purposes.

By using HealthcareGypsy.com, you certify that the information you provide is accurate and pertains only to you. You are responsible for maintaining the confidentiality of any password you may be assigned. Your password may not be shared with any other person.

Our network resources may not be used to impersonate another person or misrepresent authorization to act on behalf of others or us. All messages transmitted through the site should correctly identify the sender; you may not alter the attribution of origin in electronic mail messages or posting.

We reserve the right to deactivate or suspend use of HealthcareGypsy.com for any reason.

No user of HealthcareGypsy.com may (1) take any action that imposes an unreasonable load on the site's infrastructure, (2) use any device, software or routine to interfere or attempt to interfere with the proper working of the site or any activity being conducted on the site, (3) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the site, (4) delete or alter any material posted by any other person or entity, or (5) frame or link to any of the materials or information available from the site.

Information and materials posted by HealthcareGypsy.com are provided for general reference only and are not warranted to be free of errors, other deficiencies or potential interruptions. In addition, HealthcareGypsy.com may be used by others to post other information and materials, including changes or additions; HealthcareGypsy.com gives no assurance whatsoever regarding such information or materials. Information and materials posted by others is considered non-confidential. In no event should the availability of such information and materials be construed as an indication they have been validated by HealthcareGypsy.com or represent the views of HealthcareGypsy.com. HealthcareGypsy.com does not monitor all submissions to the site but reserves the right to do so and to remove or edit anything that is in violation of these terms of use or other policies of HealthcareGypsy.com.

If you submit any information to HealthcareGypsy.com, you agree not to (1) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) post or transmit pyramid schemes or chain letters or conduct gambling, (3) post or transmit anything that violates the copyright or intellectual property rights of any person or entity, (4) post or transmit a virus or any other harmful component, or (5) contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication.

When retrieving information from HealthcareGypsy.com, you are prohibited from (1) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser, (2) aggregating, copying or duplicating any of the materials or information available from HealthcareGypsy.com except for the small amount of materials and information temporarily required for an ordinary single use of the site, or (3) accessing data not intended for such user.

Should you decide to submit, enter or transmit through use of HealthcareGypsy.com information or materials of any kind, you are responsible for ensuring that you may do so and that such information and materials may be accessed, used, copied, distributed and adapted by other users of HealthcareGypsy.com (including Sponsor or its host providers) without liability or restriction. You are responsible for making sure all information and materials that you originate or require are properly backed up so you have ready access thereto in the event of loss, corruption or interruption.

This site as a whole is copyrighted as a collective work, and individual works appearing on or accessible through this site are likewise subject to copyright protection. You agree to honor the copyrights in this site (including the selection, coordination and arrangement of the contents of this site) and in the works available on or through this site. You may download and maintain single copies of designated materials for your personal use only or as directed in any partnership/affiliate agreement.

In addition, trademarks and copyrights belonging to us or to others appear on or are accessible through this site. The fact that we have permitted you access to this site does not constitute authorization to reproduce our trademarks or copyrights for any other purpose.

You assume all liabilities and risks associated with your interaction with individuals you come in to contact with through the usage of HealthcareGypsy.com. We do not have the means to ensure that everyone is who they claim to be. We make no guarantees as to the legitimacy or accuracy of any job postings, resumes, profile or any type of postings through our web sites. Therefore you agree to release HealthcareGypsy.com from liability resulting from any damages or occurrences resulting from the usage of our web site or services, or those of our partners.

Proprietary Rights in Content on HealthcareGypsy.com.

(a) HealthcareGypsy does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post to the HealthcareGypsy Website. After posting your Content to the HealthcareGypsy website, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing (“posting”) any Content on or through the HealthcareGypsy website, you hereby grant to HealthcareGypsy.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the HealthcareGypsy website. Without this license, HealthcareGypsy.com would be unable to provide the HealthcareGypsy Website. For example, without the right to modify Member Content, HealthcareGypsy.com would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, HealthcareGypsy.com could not allow Users to listen to music posted by Members. The license you grant to HealthcareGypsy.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to HealthcareGypsy.com), fully-paid and royalty-free (meaning that HealthcareGypsy.com is not required to pay you for the use on the HealthcareGypsy Website of the Content that you post), sub licensable (so that HealthcareGypsy Website is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the HealthcareGypsy Website), and worldwide (because the Internet and the HealthcareGypsy Website are global in reach). This license will terminate at the time you remove your Content from the HealthcareGypsy Website. The license does not grant HealthcareGypsy.com the right to sell your Content, nor does the license grant HealthcareGypsy.com the right to distribute your Content outside of the HealthcareGypsy Website;

(b) You represent and warrant that: (i) you own the Content posted by you on or through the HealthcareGypsy Website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the HealthcareGypsy Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the HealthcareGypsy Website;

(c) The HealthcareGypsy Website contains Content of HealthcareGypsy.com (HealthcareGypsy.com Content”). HealthcareGypsy.com Website Content is protected by copyright, trademark, patent, trade secret and other laws. HealthcareGypsy Website owns and retains all rights in the HealthcareGypsy.com Content and HealthcareGypsy Website. HealthcareGypsy Website hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the HealthcareGypsy.com Content (excluding any software code) solely for your personal use in connection with viewing the HealthcareGypsy Website and using the HealthcareGypsy.com Services;

(d) The HealthcareGypsy Website contains Content of Users and other HealthcareGypsy Website licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the HealthcareGypsy.com Website.

Content Posted.

(a) HealthcareGypsy.com may delete any Content that in the sole judgment of HealthcareGypsy.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. HealthcareGypsy.com assumes no responsibility for monitoring the HealthcareGypsy.com for inappropriate Content or conduct. If at any time HealthcareGypsy.com chooses, in its sole discretion, to monitor the HealthcareGypsy Website, HealthcareGypsy.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content;

(b) You are solely responsible for the Content that you post on or through any of the HealthcareGypsy Website, and any material or information that you transmit to other Members and for your interactions with other Users. HealthcareGypsy.com does not endorse and has no control over the Content. Content is not necessarily reviewed by HealthcareGypsy.com prior to posting and does not necessarily reflect the opinions or policies of HealthcareGypsy.com. HealthcareGypsy.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the HealthcareGypsy Website. HealthcareGypsy.com reserves the right to investigate and take appropriate legal action against anyone who, in HealthcareGypsy.com’s sole discretion, violates this provision, including without limitation, removing the offending communication from the HealthcareGypsy Website and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of HealthcareGypsy.com:

(a) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

(b) harasses or advocates harassment of another person;

(d) contains nudity, violence, or offensive subject matter or contains a link to an adult website;

(e) solicits personal information from anyone under 18;

(f) provides any telephone numbers, street addresses, last names, URLs or email addresses;

(g) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(h) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(i) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

(j) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

(k) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

(l) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users.

The following is a partial list of the kind of activity that is illegal or prohibited on the HealthcareGypsy Website and through your use of the HealthcareGypsy Website. HealthcareGypsy.com reserves the right to investigate and take appropriate legal action against anyone who, in HealthcareGypsy.com’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

(m) criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

(n) advertising to, or solicitation of, any Member to buy or sell any products or services through the HealthcareGypsy Website. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the HealthcareGypsy Website in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, HealthcareGypsy.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which HealthcareGypsy.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the HealthcareGypsy Website, you acknowledge that you will have caused substantial harm to HealthcareGypsy.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay HealthcareGypsy.com $100 for each such unsolicited email or other unsolicited communication you send through the HealthcareGypsy Website;

(o) covering or obscuring the banner advertisements on your personal profile page, or any HealthcareGypsy.com page via HTML/CSS or any other means;

(p) any automated use of the system, such as using scripts to add friends or send comments or messages;

(q) interfering with, disrupting, or creating an undue burden on the HealthcareGypsy Website or the networks or services connected to the HealthcareGypsy Website;

(r) attempting to impersonate another Member or person;

(s) using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

(t) selling or otherwise transferring your profile;

(u) using any information obtained from the HealthcareGypsy Website in order to harass, abuse, or harm another person;

(v) displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the HealthcareGypsy.com on behalf of that person, such as placing commercial content on your profile, posting Blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or

(w) using the HealthcareGypsy Website in a manner inconsistent with any and all applicable laws and regulations.

Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of HealthcareGypsy.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to HealthcareGypsy.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the HealthcareGypsy Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) a description of the copyrighted work that you claim has been infringed;

(d) your address, telephone number, and email address;

(e) a written 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;

(f) 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 owner's behalf. HealthcareGypsy.com’s Copyright Agent; email: copyrightagent@HealthcareGypsy.com.

Member Disputes. You are solely responsible for your interactions with other HealthcareGypsy.com Members. HealthcareGypsy.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

Privacy. Use of the HealthcareGypsy Website is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Disclaimers. HealthcareGypsy.com is not responsible for any incorrect or inaccurate Content posted on the HealthcareGypsy.com Website or in connection with the HealthcareGypsy Website, whether caused by Users of the HealthcareGypsy Website or by any of the equipment or programming associated with or utilized in the HealthcareGypsy Website. Profiles created and posted by Members on the HealthcareGypsy.com Website may contain links to other websites. HealthcareGypsy.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by HealthcareGypsy.com. Inclusion of any linked website on the HealthcareGypsy Website does not imply approval or endorsement of the linked website by HealthcareGypsy.com. When you access these third-party sites, you do so at your own risk. HealthcareGypsy.com takes no responsibility for third party advertisements which are posted on this HealthcareGypsy.com Website or through the HealthcareGypsy Website, nor does it take any responsibility for the goods or services provided by its advertisers. HealthcareGypsy.com is not responsible for the conduct, whether online or offline, of any User of the HealthcareGypsy Website. HealthcareGypsy.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. HealthcareGypsy.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the HealthcareGypsy Website or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the HealthcareGypsy Website. Under no circumstances shall HealthcareGypsy.com be responsible for any loss or damage, including personal injury or death, resulting from use of the HealthcareGypsy.com, attendance at a HealthcareGypsy.com, event, from any Content posted on or through the HealthcareGypsy Website or from the conduct of any Users of the HealthcareGypsy Website, whether online or offline. The HealthcareGypsy Website are provided "AS-IS" and as available and HealthcareGypsy.com, expressly disclaims any warranty of fitness for a particular purpose or non-infringement. HealthcareGypsy.com, cannot guarantee and does not promise any specific results from use of the HealthcareGypsy Website.

Limitation on Liability. IN NO EVENT SHALL HEALTHCAREGYPSY.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF HEALTHCAREGYPSY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HEALTHCAREGYPSY.COM’s, LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HEALTHCAREGYPSY.COM, FOR THE HEALTHCAREGYPSY WEBSITE, DURING THE TERM OF MEMBERSHIP.

U.S. Export Controls. Software available in connection with the HealthcareGypsy.com’s (the "Software") is further subject to United States export controls. No Software may be downloaded from the HealthcareGypsy.com or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

Disputes. If there is any dispute about or involving the HealthcareGypsy Website, you agree that the dispute shall be governed by the laws of the State of Arkansas, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Arkansas. Either HealthcareGypsy.com or you may demand that any dispute between HealthcareGypsy.com and you about or involving the HealthcareGypsy Website must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Arkansas, USA, provided that the foregoing shall not prevent HealthcareGypsy.com from seeking injunctive relief in a court of competent jurisdiction.

Indemnity. You agree to indemnify and hold HealthcareGypsy.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the HealthcareGypsy Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the HealthcareGypsy Website or through the HealthcareGypsy Website causes HealthcareGypsy.com to be liable to another.

Other. This Agreement is accepted upon your use of the HealthcareGypsy.com Website or any of the HealthcareGypsy Website and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and HealthcareGypsy.com regarding the use of the HealthcareGypsy Website. The failure of HealthcareGypsy.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. HealthcareGypsy.com is a trademark of HealthcareGypsy LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

USE OF THIS SITE IS PROVIDED "AS IS, WHERE IS," AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL HEALTHCAREGYPSY.COM BE LIABLE FOR DAMAGES TO YOU FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SERVICES PROVIDED HEREUNDER FOR DAMAGES OF ANY KIND. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY OR ERROR SHALL BE TO REQUEST THAT SPONSOR CORRECT THE MATTER OR, IF SPONSOR FAILS TO DO SO, TO DISCONTINUE USE OF THE SERVICE AT YOUR OPTION.

You agree to accept sole responsibility for any use of internet facilities conducted or permitted by you; the conduct of any business, advertising, marketing or sales in connection therewith; and any negligent or illegal act or omission of you or your agents, contractors, servants, employees, or other users or accesses.

These terms shall be governed by and construed and enforced in accordance with the laws of the State of Arkansas, excluding its laws relating to conflicts of laws.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.