HospitalCareers.com Terms of Use

Introduction

Please read these Terms of Use (the “Terms of Use” or “Terms”) carefully because they apply to your use of our web site available at HospitalCareers.com (the “Site”) and the Services (defined below).

DirectSource Media, Inc., a Tennessee corporation with its principal place of business in Knoxville, Tennessee (“DSM”) makes the Site and Services available to you to use on the terms and conditions set forth in these Terms of Use.

YOUR USE OF THE SITE OR THE SERVICES IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE. By accessing or using the Site or the Services you also represent that you have the legal authority to accept these Terms of Use on behalf of yourself and any party you represent in connection with your use of the Site and the Services. THESE TERMS APPLY TO ALL USERS OF THE SITE. If you do not agree to these terms, you are not authorized to use the Site or Services.

Both the Site and the Services are controlled and offered by DSM from its facilities in the United States of America. DSM makes no representations that the Site or the Services are appropriate or available for use in other locations. If you are accessing or using the Site or the Services from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law.

About DSM Generally

DSM makes the Site and its Services, which means and includes the ability of users to post, retrieve, and review employment-related information for United States hospitals, available to you on these Terms. You may only use the Site and Services in accordance with these Terms and, in particular but without limitation, you may not use the Site or Services for any purpose that is unlawful or prohibited by these Terms or by any other conditions or notices that are made available on the Site.

Account Registration and Password Protection

Before gaining access to certain Services on the Site, DSM will require you to register for an account by setting up a user name and password (the “Password(s)”) as set forth in the account registration procedures posted on the Site. You agree to comply with the procedures specified by DSM from time to time regarding obtaining and updating Passwords for the Site and Services. You agree to assume sole responsibility for the security of Passwords issued to you. Passwords are subject to cancellation or suspension at any time, including upon the misuse of any Password. You agree to ensure that you will use your best efforts to prevent any third party from obtaining your Password, and you shall inform us immediately in writing of any actual or potential unauthorized access to a Password or to the Site or Services.

Further, if you register for an account, you agree to provide true, accurate, current and complete information about yourself as prompted by our registration form (including your e-mail address).

Job Content

The jobs contained in the Site’s search results, or linked from those results, may have been created by people over whom DSM exercises no control. DSM’s job search results are indexed in an automated manner and DSM does not screen the jobs. DSM assumes no responsibility for the content of any job listing or web site that is either included in the Site’s search results or linked to by the Site.

Changes to these Terms of Use

From time to time, DSM may change these Terms of Use, and reserves the right to do so in its sole discretion. In that case, we will post the updated Terms of Use to the Site and indicate the date of revision, and all amended terms shall automatically be effective 30 calendar days after they are initially posted. DSM will use reasonable efforts to notify you of any changes that are material. Your continued use of the Site or any Services after the revised Terms of Use have been posted indicates that you have read, understood and agreed to the current version of these Terms of Use. These Terms may not be otherwise amended except in a writing hand signed by you and DSM. For purposes of this provision, “writing” does not include an e-mail message and a signature does not include an electronic signature.

Privacy Policy

DSM is committed to handling responsibly the information and data we collect through our Site and agrees to use your personal information in accordance with our Privacy Policy and these Terms of Use. The Privacy Policy is hereby incorporated into these Terms. Please view our Privacy Policy.

Termination

Your right to use the Site, maintain an account on the Site, and use the Services terminates automatically upon your breach of any of these Terms of Use.

In addition, DSM may, at any time: (a) modify, suspend or terminate the operation of or access to the Site or the Services, in whole or in part, for any reason; (b) modify or change the Site or the Services, in whole or in part, and any applicable Terms of Use and policies governing the use of the Site and the Services, for any reason; (c) interrupt the operation of the Site or the Services, or any portion thereof, for any reason, all as DSM deems appropriate in its discretion. Your account and use of the Services may be terminated by you or by DSM at any time and for any reason whatsoever. DSM will use reasonable efforts to notify you in advance about any material modification, suspension or termination by DSM that is not caused by your breach of these Terms.

The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions of these Terms will survive any termination. If you grant us a license, it will also survive any termination; any license we may grant to you terminates immediately upon termination of your right to use the Site, maintain an account on the Site, and use the Services. Your warranties and indemnification obligations shall survive any termination for one year from the date of termination.

User Conduct

All information, documents and Services provided on this Site, including trademarks, logos, graphics and images (the “Materials”) are provided to you by DSM. Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis.

DSM grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials displayed on this Site, provided that: (1) both the DSM copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded, (2) such display, copy or download is solely for your personal or internal business purposes. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms and DSM may remove your postings from this Site or the Services with or without cause. Upon any termination of this limited license, you agree to immediately destroy any electronic or printed Materials and cease using the Site or the Services.

You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control provisions of the Site and the Services. Such prohibited conduct includes, without limitation, any efforts (a) to log in to an account with a password not assigned to you; (b) to access personally identifiable information not intended for you; (c) to test the security measures on the Site or attempt to identify system vulnerabilities; (d) to impersonate any other user of the Site or the Services or forge any of the header information in any posting or tamper with the TCP/IP packet header; (e) to modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Site or the Services; or (f) to overwhelm or disable the Site or the Services or interfere with the access and use of the Site or the Services by any other user.

If DSM becomes aware of any of the foregoing activities, DSM may investigate and may respond and, when appropriate, DSM may work with law enforcement authorities in such investigations and for the purpose of prosecuting offenders. Your continued use of the Site and the Services is expressly conditioned on your compliance with the preceding prohibitions and with the obligations and restrictions set forth herein. Without limiting the generality of foregoing, you acknowledge that DSM expressly prohibits the following conduct, and you agree not to:

  • Provide any false or misleading information about your identity or employment information provided by you to DSM in relation to your use of or access to the Site or Services;
  • Post any false or inaccurate information;
  • Use the Services or the Site to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others, or violate the privacy or publicity rights of any other person.
  • Post any information that is abusive, defamatory, discriminatory, hateful, obscene, vulgar, sexually-orientated, threatening, or otherwise objectionable.
  • Harass, stalk, or otherwise subject any other user of the Site or Services to unwanted or inappropriate contact.
  • Post any position or business opportunity which requires payment from the applicant or requires recruitment of other individuals, sub-distributors or sub-agents such as a multilevel marketing scheme, pyramid scheme, franchise or distributorship arrangement.
  • Use the Site, Services, or Materials for any purpose other than to identify employment opportunities for yourself or to identify prospective employees for employment opportunities you may have.
  • Send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes, or advertise any products or services either by directly posting on the Site or within the Services or by making unsolicited contact with any user via email, telephone, postal mail, or any other method of communication.
  • Make any changes, additions, or deletions to any information posted by any user without the express written authorization of such other user.
  • Take any action that imposes an unreasonable or disproportionately large burden on Site’s infrastructure.
  • Include any hyperlinks or any misleading, irrelevant or hidden keywords or code in any information posted by you.
  • Frame or link to the Site of any of the content or information available from the Site unless DSM expressly consents to such linking or framing.
  • Intentionally expose the Site or Services to any computer virus or any other program or code intended to disrupt or disable to operations of the Site or Services;
  • Use any robot, spider or other program or device to retrieve or index any portion of the Site;
  • Harvest or otherwise collect information about other users for any purpose other than use of the Site or Services as expressly permitted herein.

You further acknowledge and agree that you must be age 18 or older to post or submit any information to the Site. You also acknowledge and agree to the following conduct restrictions:

  • Reporters, researchers and third party representatives must receive permission from DSM before posting to the Site, and in their postings, they must identify their name and affiliation with an organization.
  • You may not post personally identifiable information (including without limitation, name, address, email address, phone number) about another individual without their express prior written consent.
  • You agree not to impersonate any DSM staff member. You also agree not to impersonate any other DSM user.
  • You may not post e-mail content from private parties.
  • You agree that DSM reserves the right to remove any content from the Site or Services for any reason in its sole discretion as it may deem appropriate.

The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive. DSM reserves the right to terminate our relationship with you under these Terms and prohibit your access to the Site or Services or to edit, remove or close any information posted on the Site for any reason, including, without limitation, any action that DSM, in its sole judgment, determines to be inappropriate or disruptive to the Site, Services or to any user. If DSM finds that you are abusing the private message or e-mail system of DSM, then DSM may, without limitation of other available remedies, suspend or terminate your account.

The foregoing prohibitions do not impose on DMS, and DMS does not assume, any obligation to monitor or remove any information or communication submitted by you or any other user of the Site or Services. You hereby acknowledge and agree that you may be exposed to content that may be offensive or objectionable to you. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL INFORMATION SUBMITTED BY YOU OR ANY OTHER USER EXPRESSES THE VIEWS OF THE AUTHOR, AND DSM WILL NOT BE HELD RESPONSIBLE FOR OR LIABLE FOR THE CONTENT IN SUCH SUBMISSIONS. Your access to the Site and Services is undertaken at your own risk and DSM is not responsible for any offensive or otherwise objectionable materials that may be posted by any third party.

If you believe information on the Site violates our policies, please contact DSM immediately at 866-870-4885 or by email at info@dsmadvantage.com so that we can consider its editing or removal. DSM reserves the right to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate its site properly; to protect itself, its partners and its visitors; and to comply with legal obligations or governmental requests.

Third Party Web sites and Third Party Content

The Site may contain links to web sites not controlled by DSM (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information and other items belonging to or originating from persons or organizations other than DSM, including you (“Third Party Content”). You acknowledge that DSM: (a) is not responsible or liable for any Third Party Sites, including without limitation, the Third Party Content, information or products made available at any Third Party Site; (b) has not reviewed any Third Party Sites or Third Party Content for accuracy, appropriateness or completeness; (c) has not sponsored or otherwise endorsed Third Party Sites or Third Party Content; and (d) makes no representations or warranties whatsoever about any Third Party Sites or Third Party Content.

DISCLAIMER OF WARRANTIES

DSM disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on the Site, including Third Party Content. DSM disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. DSM disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites on the Internet accessed through the Site.

TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, DSM OFFERS THE SITE AND THE SERVICES AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SITE OR THE SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. DSM DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SITE OR RELATING TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR DSM’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DSM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE SITE’s CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

DSM WILL NOT BE RESPONSIBLE FOR TECHNICAL MALFUNCTIONS OF THE INTERNET OR OUR WEB HOSTING SERVICE PROVIDERS BEYOND OUR CONTROL THAT TEMPORARILY PREVENT DISPLAY OR MANAGEMENT OF ANY INFORMATION.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE OR THE SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL DSM, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE DSM PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SITE, THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), OR THE USE OF ANY MATERIAL INCLUDED OR POSTED AT THE SITE, EVEN IF THE DSM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE DSM PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE SITE (INCLUDING CLAIMS OF INFRINGEMENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE SITE OR OTHERWISE RELATING TO THE SITE OR THE SERVICES.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification for Breach of Terms of Use

You agree to indemnify, defend and hold harmless the DSM Parties (defined above) from and against any and all loss, expenses, damages and costs, including without limitation DSM’s reasonable attorneys’ fees, resulting, whether directly or indirectly, from your violation of these Terms of Use. You also agree to indemnify, defend and hold harmless the DSM Parties from and against any and all claims brought by third parties arising out of your use of the Site, the Services, and any content you make available via the Site or the Services by any means, including without limitation through a posting, a link, or otherwise.

Intellectual Property

The Site may contain trademarks, service marks, logos and other names that are the property of DSM or such other party as indicated with respect to that name or icon. DSM’s trademarks, logos and icons, may only be used with DSM’s prior written consent.

DSM respects the intellectual property rights of others, and we prohibit users of the Site or the Services from uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights.

DSM does not claim ownership of Third Party Content. However, by posting Third Party Content to any area of the Site, you grant DSM and its designees a worldwide, royalty-free, non-exclusive perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Third Party Content (in whole or in part) and to incorporate such Third Party Content into other works in any format or medium now known or later developed. We shall not be liable for any use or disclosure of any Third Party Content.

Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works);
(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Indeed to locate the material on the site;
(d) the name, address, telephone number, and e-mail address (if available) of the complaining party;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send DSM a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA Notices and counter-notices with respect to the Site should be sent to DSM Copyright Notice, 298 Village Square Drive, Suite 149, Loudon, TN 37774. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Other Terms of Use

These Terms of Use are governed by and construed by the laws of the State of Tennessee, USA, exclusive of its choice of law rules. The parties agree that any disputes or proceedings between DSM and you concerning these Terms of Use, the Site and the Services shall be brought in a federal or state court of competent jurisdiction sitting in Tennessee, US, and hereby consent to the personal jurisdiction and venue of such court.

Either party’s failure to insist on or enforce strict performance of any of these Terms of Use shall not be construed as a waiver of any provision or right.

If any term or part of these Terms of Use is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and DSM as a result of these Terms of Use or your use of the Site or the Services.

These terms constitute the entire agreement between you and DSM relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to these Terms of Use as made available by DSM from time to time) between you and DSM. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generating and maintained in printed form.

Questions?

If you have questions about these Terms, please contact us at: 866-870-4885 or by email at info@dsmadvantage.com.
We encourage you to review these Terms regularly for any changes. Your continued use of the Site will be subject to the then-current Terms.

These Terms were last updated: January 1st, 2016.
These Terms are effective as of: January 1st, 2016.