These Terms of Use set forth the terms and conditions that apply to your access to and use of www.PhysEmp.com (the "Website"), and the Physicians Employment, Inc., and, if you enter into a Database Subscription Agreement with Physicians Employment, these Terms of Use supplement that Agreement and are binding on you. By using the Website, or by entering into a Database Subscription Agreement with Physicians Employment, you hereby agree to all provisions contained in these Terms of Use. To the extent the terms and/or conditions of any separately negotiated contract you may enter into with Physicians Employment conflict with these Terms of Use, the provisions of such separately negotiated agreement shall govern.Unless otherwise set forth, all references to the Website include all services available the Website and all software and services Physicians Employment makes available to you.
These terms contain dispute resolution and limitation of liability provisions.
References to "we," "us," and "our" mean Physicians Employment and references to "you," "your," and "user," means all persons accessing or using the Website or entering into a Database Subscription Agreement with Physicians Employment.
1. Description of the Website
The Website are places for the creation and posting of information and curriculum vitae by physician job candidates and organizations seeking to hire physicians ("employers"). We do not censor or verify in any way the information posted to the Website or exchanged between employers and physicians. In the event of any dispute you may have with a physician, employer or other visitor to the Website you agree to hold us harmless from all claims, demands, losses, or liabilities of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. You assume all risks related to dealing with such other persons.
2. Passwords
Your use of the Website may require you to register with us and obtain a username or password. You will be responsible for the confidentiality and use of your password and agree not to distribute, transfer, or resell your use of or access to the Website to any third party. If you have reason to believe that your account with us is no longer secure, you should promptly change your password and immediately notify us in writing of the problem. You are responsible for all activities conducted through your account.
3. Availability of Website and Your Agreement
The Website is available for use by persons of legal age granted access to the Website who agree to these Terms of Use and our Privacy Policy. By using the Website you represent that you are at least 18 years old, agree to the terms and conditions set forth in these Terms of Use and the Privacy Policy, and agree to comply with all laws and regulations regarding online activities and transmission of information. To determine your compliance we reserve the right to monitor your use of our Website and to refuse to post or remove any information or materials, in whole or in part, that we in our sole discretion deem to be unacceptable, offensive, or in violation of these Terms of Use, the Privacy Policy, any contract with you, and/or any applicable laws or regulations.
4. Non-violation of our Rights or Third-Party Rights
You shall not, directly or indirectly, (a) create derivative works from the content on our Website (b) circumvent, reverse engineer, decrypt, or otherwise alter or interfere with our Website in any manner, (c) use any robot, spider or other automated means to access the Website, (d) provide links to, metatag, frame, or mirror our Website without our written consent, (e) reproduce, sell, or otherwise exploit, any portion of the Website, (f) harass or threaten any person, or post any copyrighted or trademarked materials without permission from the owner, (g) create a database by systematically downloading and storing any Website content, or (h) impose an unreasonable or disproportionately large load on our infrastructure or take other action that may harm, disrupt or overburden the Website.
5. Interruption of Service
Your use of our Website may be interrupted from time to time. Occasionally, there may be software or other technology malfunctions, or maintenance or updates of our Website. We also have the right to suspend or terminate your use of the Website for violations of these Terms of Use, our Privacy Policy, or any contract with you or violations of law or regulations.
6. Privacy Policy
Please review our Privacy Policy. It tells you how we strive to protect and how we use the personal information we obtain about you. By using our Website you agree that we can use such information in accordance with our Privacy Policy.
7. Intellectual Property Rights
The name "Physicians Employment," the web address PhysEmp.com, and other trade names, URLs, and Website domain names owned and/or operated by us, any of our graphics, logos and service names and the content on our Website are the intellectual property of Physicians Employment. Other than as may be expressly permitted by us by written agreement, you may not use our intellectual property without our written consent.
You shall be solely responsible for any damage resulting from your infringement of our or any third party's intellectual property rights as a result of your copying, distributing, or transmitting, the same for purposes that are contrary to the terms and conditions of any agreement between us, these Terms of Use, or applicable law.
8. Amendments
We reserve the right to amend these Terms of Use and our Privacy Policy at our sole discretion at any time. You should review these Terms of Use and our Privacy Policy periodically to check for amendments. We will post notice of modifications and additions to these terms on this page. Changes will become effective immediately after they are posted. Your continued use of our Website following changes to our terms constitutes your acceptance of our amended terms.
9. Termination
We may cancel or suspend providing services to you and any agreement if we have reason to believe you have violated your agreement with us or these Terms of Use. Your right to use your account will end once your account is cancelled or terminated, and any data you may have stored on such account may be unavailable later. Even if we terminate your service, you will remain responsible for paying any amounts owed on your account at the time your service is terminated or cancelled.
10. Electronic Communications
By using our Website you consent to receive communications from us electronically, however, we may communicate with you by other means or by posting notices on our Website. You agree that all notices and other communications that we send you, electronically or otherwise, or which we post on our Website, shall constitute effective notice.
11. Place to Resolve Disputes and Governing Law
Unless we have entered into a written agreement with you providing otherwise, any disputes arising out of or relating to any services we are providing to you (under an agreement or otherwise), these Terms of Use or our Privacy Policy, shall be governed by the internal laws of the State of Iowa (and not its conflicts of laws principles) and shall be exclusively resolved in the courts of Iowa. You hereby waive any objection to jurisdiction or venue in such courts.
12. Limitation of Liability
We attempt to provide our Website and our services and our Online Services using a commercially reasonable level of skill and care. However, we obtain information from third parties and we are dependent on such sources for accurate information. There may also be occasional errors in entries made to our Website, security breaches, software or hardware malfunctions, and human errors or errors in computer functions.
So although we strive to furnish accurate information and provide professional services, you agree that we and our officers, directors, employees and other representatives shall not be liable for any breach of agreement, deficiency, error in our services, or other faults including, but not limited to, delays, interruptions, inaccuracies, errors, omissions, or faults, irrespective of the reason for any such breaches, delays, interruptions, inaccuracies, errors, omissions, or faults, and regardless of the form of the action (whether in contract or tort) except for the return of funds paid by you for any services that you have contracted to receive from us.
In addition, neither we nor our employees, directors, officers and other representatives shall be liable to you for special, incidental, consequential, indirect, punitive or exemplary damages (including but not limited to lost data, lost profits or savings, loss of business or other economic loss) arising out of or related to your agreement with us, your use of the website, our services, whether or not you have been advised or knew of the possibility of such damages, and regardless of the nature of the cause of action or theory asserted.
13. Entire Agreement
These Terms of Use and any written agreement with you make up the entire agreement between the parties and supersedes any and all prior oral and written communications and agreements with respect to the subject matter hereof. If any provision of these Terms of Service is found to be invalid or otherwise unenforceable, the validity of any remaining portion shall not be affected and the remaining portions shall remain in full force and effect. All of our rights and obligations under these Terms of Use are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. If you have questions or comments regarding these Terms of Use, our Privacy Policy, any of our services, please contact us at 641-472-0513 or email us at customerservice@physemp.com.
For Physicians
For Recruiters
