TERMS & CONDITIONS OF USE
The following are the terms of a legal agreement (the “Agreement“) between you and MDSpots, Inc., whose website is MDspots.com (the “Company,” “we,” or “us” as used herein). The terms “you” and “your” as used herein refer to all individuals and/or entities accessing this Site for any reason. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THIS SITE. We offer access to and use of our site to you subject to your acceptance of these terms and conditions (“Terms“).
1. ACCEPTANCE OF TERMS
By accessing, using or obtaining any content, data, materials, information, products or services through our sites, you agree to observe these Terms and to comply with all applicable laws and regulations, including United States copyright and trademark laws. If you do not accept all of these Terms, then please leave our site now. You are agreeing to use the Site at your own risk. The materials on this Web site (the “Site”) are provided by MDSpots, Inc., whose website is MDspots.com (“MDSpots”) as a service to its users and may be used for informational purposes only subject to the provisions below. By downloading any materials form or otherwise using this Site, you as a user (“you”) agree to these terms and conditions (“Terms”). If you do not agree to them, do not use the Site or download any materials from it.
2. AMENDMENTS TO THIS AGREEMENT AND CHANGES TO SITE
We reserve the right to change, modify, add or remove Terms and Conditions at any time by updating this page. Changes will be binding on you on as of the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions. If at any time you find the Terms and Conditions unacceptable, you may not use the Site any longer. Any new or different terms supplied by you are specifically rejected by MDSpots unless MDSpots agrees to them in a signed writing specifically including those new or different terms. MDSpots may change the Site at any time.
3. USE OF SITES.
You may only use our sites if you are at least 18 years of age and can enter into binding contracts (our sites are not available for use by minors). You are only authorized to use a single, individual account for which you will receive a single login and password. You are responsible for maintaining the secrecy of your passwords, login and account information. Use of this account by any other person or entity is not permitted. You will be financially accountable for all uses of our sites by you and anyone using your password and login information. You may only use our sites to make legitimate purchases. You may not use our sites: to make any false or fraudulent purchase; to post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms. We may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our sites. We will use our reasonable commercial efforts to keep our sites available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance and system outages. Your access to our sites may not be uninterrupted or available at all times. We cannot promise that our sites will be error-free, that defects or errors will be corrected or that our sites or the servers that make them available are free from viruses or other harmful components. You will not use any device, software or routine that interferes or attempts to interfere with the normal operation of our sites or take any action that imposes an unreasonable load on our computer equipment.
4. SERVICE.
The benefit of the service we provide depends in large measure on the accuracy of the information you provide to us. Therefore, it is incumbent upon you to provide us with valid and working email address(es) for you to participate in our service. We cannot be held responsible for, nor are we obligated to ensure, the accuracy of the information provided to us by a job seeker, which is made available through this website. Furthermore, we disclaim any warranty, express or implied, as to the quality of any job seeker who may use our site. Mistakes in data entry will be corrected by us in a reasonably timely fashion upon notice by the subscriber. We cannot promise that all emails will be delivered in a timely fashion and we cannot guarantee that every email we send will be received or readable by every recipient.
5. OWNERSHIP
We own and have copyrights on our sites including all software, design, structure and data compilation, and Materials located thereon, and all of their contents. You will not copy, reproduce, republish, upload, post, transmit, distribute, sell, transfer or modify any of the content, data, information or materials found on our sites, and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without MDSpots’ prior written permission. Trademarks, logos and service marks displayed on our sites (“Marks”) are our registered and common law Marks. Your use of and access to our sites do not grant you any license or right to use any of these Marks not otherwise stated herein. You will not use any robot, spider, other automatic device, or manual process to monitor materials available through our sites. The name “MDspots.com” and any of the MDspots.com logos may not be used in any way without the Company’s express written permission.
6. SINGLE COPY LICENSE
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as otherwise indicated on this Site, you may use one copy of the information or Software (“Materials”) found on this Site on a single computer for your personal, non-commercial, internal use only unless specifically licensed to do otherwise by MDSpots in writing or as allowed by any license terms which accompany or are provided with individual Materials. This is a personal, non-transferable, non-exclusive right and one copy license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental, including, without limitation, posting the Materials on any network computer or broadcasting them in any media; (b) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Materials; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person; (e) modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part, except as expressly authorized by MDSpots or advertisers. You agree to prevent any unauthorized copying of the Materials. MDSpots reserves all rights not expressly granted in this Agreement. You agree not to modify the Software in any manner or form, or to use any modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by MDSpots for use in accessing the Service. MDSpots does not make any endorsements of Materials found or posted on the site.
7. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
8. TRADEMARK INFORMATION
All brand, product, service, and process names appearing on this Site are trademarks of their respective holders, and MDSpots does not make any endorsements of such trademarks of their respective holders, that appear on this Site. MDSpots’ trademarks may be used publicly with written permission only from MDSpots. Fair use of MDSpots’ trademarks in advertising and promotions of MDSpots products requires proper acknowledgement. Reference to or use of a product, service, or process does not imply endorsement, recommendation, approval, affiliation, or sponsorship of that product, service, or process by MDSpots. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
9. INTELLECTUAL PROPERTY POLICY
We respect the intellectual property of others and expect you to do the same. At our discretion and in appropriate circumstances, we may terminate your account(s) and/or prevent access to the Site by users who infringe upon the intellectual property rights of others. Pursuant to 17 United States Code §512(c)(2) (the Digital Millennium Copyright Act of 1998, as amended), our designated agent for notice of alleged copyright infringement appearing on our site is:
To file a notice of infringement with us, you need to fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site, (http://lcweb.loc.gov/copyright).
10. PRIVACY.
Your use of our sites is subject to our Privacy Policy. Your use of our Site assumes that you have read and understand our privacy policy and that it is reasonable and acceptable to you. Your acceptance of these Terms is also your consent to the information practices in our privacy policy.
11. USER SUBMISSIONS
Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary (“Submissions”). You warrant that you have all rights necessary to submit data and information to the Service, and to authorize the distribution and re-distribution of any material you submit for inclusion or use in the Service. You will provide information that we reasonably request related to any claim that material you submit infringes the rights of a third party. MDSpots will have no obligations with respect to the Submissions, provided that any personally identifiable information shall be handled in the manner set forth below. MDSpots and its designees, agents, officers, directors and employees will be free to have world-wide, royalty-free and fully sub-licensable usage to copy, reproduce, disclose, distribute, modify, adapt, translate, publish, publicly perform, publicly display, and to incorporate such Content into other works in any format or medium now known or later developed, and otherwise use the Submissions and all data, images, sounds, text, graphics, audio, video and other things embodied therein for any and all commercial or non-commercial purposes, provided that any personally identifiable information shall be handled in the manner set forth below. MDSpots does not make any endorsements of such Submissions and Communications on MDSpots, nor representations that such submissions and communications are true and accurate, although, MDSpots will make all reasonable attempts to ensure that user submissions are valid, accurate, reliable and in a manner not prohibited by this agreement. You should make all reasonable attempts to avoid promoting, marketing, selling in any manner-Products, services, solutions, company information, and any other information to other Registered Users of this site, on MDSpots, unless explicitly granted access to post advertisements on this site. MDSpots does not make any endorsements of such advertisements (if any) that are posted on this site. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law or any rights of a third party.
12. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the MDSpots’ Member Registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or MDSpots has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MDSpots has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
13. MEMBER ACCOUNT, PASSWORD AND SECURITY
You are required to enter your member name, email and password as part of completing MDSpots’ Member Registration process. You are responsible for maintaining your member account details. Protect your password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account, whether or not authorized by you. If others use your password to post inappropriate material on the Site, you risk losing your access to the Site. You agree to (a) immediately notify MDSpots of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MDSpots cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
14. REGISTERED USER AND MEMBER CONDUCT
The Site is intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use this Site only for lawful purposes within the stated context of MDSpots’ intended and acceptable use of the Site. MDSpots is the sole interpreter of the Site’s intended and acceptable use. MDSpots hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for internal business use related to seeking candidates for employment and/or personal use for individuals seeking employment opportunities. This authorizes you to view and download a single copy of the material on the Site solely for your personal use directly related to using the Site for the purpose of searching and recruiting job prospects.
15. POSTING TERMS AND CONDITIONS
Your posted document may not contain: (i) URLs or links to Web sites not otherwise related to the job position or posting; (ii) copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner’s permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vi) anything that is embarrassing or offensive to another person or entity.
You may not submit document(s) in order to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information; (iii) post advertisements or solicitations of business (including, but not limited to, Multi-Level Marketing [MLM] positions, Email Processors, Project 21, franchises, “club memberships,” distributorships, or anything requiring a monetary investment by the User); (iv) post chain letters or pyramid schemes; or (v) post opinions or notices, commercial or otherwise.
Your document(s) must contain sufficient detail to convey clearly to the User the nature and requirements of the job opportunity, or your qualifications as a candidate for employment. Documents that encourage the User to “email for more details” are not permitted. Documents from any third party charging a fee or restricting complete access to all resume information are prohibited. Resume postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf. We cannot be held responsible for, nor are we obligated to ensure, the accuracy of the information provided to us.
16. PROHIBITED CONDUCT
You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the employer’s business by our competitors are prohibited. You may not send unsolicited commercial email to Users. You may not delete or revise any material posted by any other person or entity.
You acknowledge that MDSpots is not obliged to pre-screen Content, but that MDSpots and its designees, agents, officers, directors and employees shall have the right (but not the obligation) in their sole discretion to refuse or remove, edit, move, discard any Content that is available via the Service. Without limiting the foregoing, MDSpots and its designees, agents, officers, directors and employees shall have the right to edit, delete, remove, discard any Content (including the Content that you have submitted) that violates this agreement or is otherwise objectionable, at its sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or submitted to MDSpots, including but not limited to content submitted to or contained on our Online Discussion Forum, Article Listings, Links Listings, News Listings, Data Submission, Data Subscription, or other forums, and in all other parts of the Service. You acknowledge and agree that MDSpots may preserve and disclose Content, and information about registered users, including those who submit data on this site and Service, if required to do so by law or in our good faith belief that such preservation and disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) protect the rights, property, or personal safety of MDSpots, its users and the public; or (e) administer the Service, its membership registration, its subscription and signup procedures. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
17. SECURITY
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mail bombing” or “crashing”; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Violation of these Security Rules may result in civil or criminal liability. MDSpots will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
18. LINKS TO OTHER SITES
Our sites may contain links to other sites that we do not operate or control. We are not responsible for these other sites. We provide these links for your reference and convenience. We do not endorse the contents of these other sites. These links are not an indication of our association with the owners or operators of any of these other sites. You are free to access these other sites, but you do so at your own risk. You agree not to create a link from any Web site, including any site controlled by you, to our sites.
19. DEALINGS WITH ADVERTISERS
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. You agree that MDSpots shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
20. GENERAL PRACTICE
You acknowledge that MDSpots may establish general practices and limits concerning use of the Service, including but not limited to the maximum number of days that site email messages, online discussion forum, articles, links, news postings, member uploaded media, calendar appointments, user-defined queries & results on MDSpots, or other uploaded Content on MDSpots will be retained by the Service, the maximum number of site email messages that may be sent from or received by an account on the Service, the maximum size of any site email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on MDSpots’ servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that MDSpots has no responsibility or liability for the deletion or failure to store any message and other communications or other Content maintained or transmitted by the Service. You acknowledge that MDSpots reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that MDSpots reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
21. NOTICES AND SITE ADMINISTRATION UPDATES
Unless otherwise noted on the site, in the information provided by the Service, subscription and signup details, or as stated in this Agreement, all Site Administration Updates to the Service, will be completed within 24 to 72 hours of receiving the request, and all Notices and Communications from MDSpots will be sent within 24 to 72 hours of the respective event being triggered, for which this Notice or Communication is being sent.
22. INTERNATIONAL USE
MDSpots controls this Site from its offices within the United States of America. MDSpots makes no representation that Materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal and prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. You may not use or export the Materials in violation of U.S. export laws and regulations.
23. TERMINATION OF SERVICE
If you are a Registered User and you breach of any of the terms or conditions of this Agreement. MDSpots may, at its sole discretion, (a) suspend your access to certain areas of the Site and Service, (b) terminate your access to certain areas of the Site and Service, for any reason, including but not limited to lack of use, or if MDSpots believes that you are in breach of any of the terms or conditions of this Agreement. Whether or not a breach results in suspension or termination depends on several factors, including but not limited to the severity of the breach, the potential harm to other users or to MDSpots, and whether or not the breach is repeated or cured. If MDSpots suspends or terminates your right to access or use the MDSpots Site then MDSpots shall, within 24 to 48 hours, provide notice to you of such action. Upon termination, you will immediately destroy the Materials and all licenses herein shall immediately terminate. In the case of suspension or termination of access and/or service, MDSpots is not obliged to refund to You any subscription fees for the remaining period of subscription after termination. If access and/or service is suspended, but re-instated later, your subscription period will be resumed from the point of re-installation until the subscription period expires, after which normal subscription and charging process will apply. If access is suspended and then terminated, termination rules as described above will apply. You agree that termination of your access to the Service will result in MDSpots to immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that MDSpots shall not be liable to you or any third-party for any suspension or termination of your access to the Service.
24. CANCELLATION OF SERVICE
You have the option to cancel your subscription to the Service (or any part thereof) at any time. When you cancel you will receive an email confirmation of the same within 24 to 72 hours. Your cancellation will be effective after the end of your active subscription period. Upon cancellation, you will immediately destroy the Materials and all licenses herein related to the Service (or applicable part thereof) shall immediately terminate. You agree that MDSpots will not refund any fees already paid towards the subscription of the Service (or any part thereof), but if you choose to cancel your subscription, you will not be charged any future recurring payments for the subscription, following the end of your active subscription period. You agree that any cancellation of your access to the Service will result in MDSpots immediately deactivating your access to the Service (or applicable part thereof) and terminating all related information and files in your account and/or bar any further access to such files or the Service (or applicable part thereof). Further, you agree that MDSpots shall not be liable to you or any third-party for any cancellation of your access to the Service (or applicable part thereof).
25. DELETING MEMBERSHIP
You can remove yourself as a member of MDSpots at any time. When you contact us to delete your membership, you will receive an email confirmation of the same within 24 to 48 hours. You understand that your request for deleting membership will be treated with the same rules that apply to Termination of Service described above.
26. MODIFICATIONS TO SERVICE
MDSpots reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, and without liability. You agree that MDSpots shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. Treatment of Suspension of service is described above in section ‘Termination of Service’. Treatment of Discontinuance of Service is the same as that described above for Cancellation of Service above.
27. INDEMNIFICATION
YOU HEREBY AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD MDSPOTS (AND ITS DESIGNEES, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGE, LIABILITY, OR EXPENSE ARISING OUT OF OR RELATING TO ANY THIRD-PARTY CLAIM, ACTION, DEMAND OR ALLEGATION BROUGHT AGAINST MDSPOTS BASED UPON OR RELATING TO, DUE TO OR ARISING OUT OF (A) A DISPUTE BETWEEN YOU AND A VENDOR OR A USER (REGISTERED OR OTHERWISE) OVER THE TERMS AND CONDITIONS OF A CONTRACT OR RELATED TO THE PURCHASE AND SALE OF ANY GOODS/SERVICES, (B) A BREACH BY YOU OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, (C) ANY ACTION OF YOU OR A VENDOR OR A USER (REGISTERED OR OTHERWISE) WHICH VIOLATES ANY LAW, REGULATION OR RIGHTS OF A THIRD PARTY, OR (D) CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE SERVICE, YOUR USE OF THE SERVICE, YOUR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THE AGREEMENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
28. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
• WE MAKE NO WARRANTY OF ANY KIND REGARDING OUR SITES AND/OR ANY CONTENT, DATA, MATERIALS, INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OUR SITES, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
• WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT OUR SITES OR SERVICES (I) WILL MEET YOUR REQUIREMENTS, (II) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND/OR (III) WILL PROVIDE RESULTS THAT WILL BE ACCURATE OR RELIABLE.
• WE FURTHER DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICE WILL MEET YOUR EXPECTATIONS, AND/OR (II) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
• WITHOUT LIMITING THE FOREGOING, YOU SHOULD BE AWARE THAT ANYMATERIALS OBTAINED BY YOU THROUGH THE SITE OR SERVICE MAY CONTAIN ERRORS, OMISSIONS, INACCURACIES, OR OUTDATED INFORMATION. WE FURTHER DISCLAIM ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, ADEQUACY, CURRENCY, VALIDITY, OR RELIABILITY OF ANY MATERIALS, AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON OUR SITES. MDSPOTS MAKES NO COMMITMENT TO UPDATE SUCH CONTENT OR INFORMATION.
• ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MDSPOTS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY STATED IN THE AGREEMENT.
29. LIMITATION OF LIABILITY
BY USING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND AND AGREEE THAT:
• MDSPOTS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, BUSINESS INTERRUPTION, LOSS OF INFORMATION (EVEN IF MDSPOTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARRISING OUT OF OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE, MATERIALS OR THE SITE; (II) THE COST OF PROCUREMENT OF GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL MDSPOTS NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, DESIGNEES, OR AGENTS, BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF OR RELATING TO THIS AGREEMENT REGARDLESS OF THE FORM OF CLAIM OR ACTION.
• MDSPOTS SHALL NOT BE RESPONSIBLE OR LIABLE FOR (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF OR BROWSING IN OUR SITES OR YOUR DOWNLOADING OF ANY CONTENT, INFORMATION, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM OUR SITES OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF OUR SITES OR CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN, (II) ANY FAILURE OR DELAY IN THE USE OF OR INABILITY TO USE ANY COMPONENT OF THESE SITES, OR (III) ANY PERFORMANCE OR NON PERFORMANCE BY US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO A PARTY OR PARTIES.
• THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. IF, DESPITE THE LIMITATION ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATION ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF US$250.00. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
30. RELEASE
MDSPOTS IS NOT A PARTY TO ANY ACTUAL ENGAGEMENT BETWEEN OTHER USERS (REGISTERED OR OTHERWISE) AND YOU. AS A RESULT, MDSPOTS HAS NO CONTROL OVER THE ACCURACY, QUALITY, SAFETY OR LEGALITY OF REPRESENTATIONS MADE BY USERS (REGISTERED OR OTHERWISE). YOU ARE WHOLLY RESPONSIBLE FOR ALL ACTIVITIES CONDUCTED THROUGH YOUR ACCOUNT IN ACCESING THE SITE. MDSPOTS CANNOT AND DOES NOT CONTROL WHETHER OR NOT OTHER USERS WILL COMPLETE THEIR OBLIGATIONS. FURTHER, IT IS NOT COMMERCIALLY REASONABLE FOR MDSPOTS TO AUTHENTICATE THE USERS AND REGISTERED USERS, AND MDSPOTS CANNOT AND DOES NOT CONFIRM THAT EACH USER OR REGISTERED USER IS WHO IT CLAIMS TO BE. MDSPOTS ENCOURAGES YOU TO DEVELOP SAFE BUSINESS PRACTICES WHEN USING THE INTERNET. MDSPOTS ALSO ENCOURAGES YOU TO COMMUNICATE DIRECTLY WITH OTHER USERS AND OTHER REGISTERED USERS FROM THE WEB SITE TO HELP YOU EVALUATE WITH WHOM YOU ARE DEALING. YOU AGREE TO RELEASE MDSPOTS (AND ITS DESIGNEES, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, BUT NOT LIMITED TO, ACTUAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND INCIDENTAL DAMAGES), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR RELATIONSHIP WITH THE USERS (REGISTERED OR OTHERWISE), OR ANY ACTIONS OR OMISSIONS OF A USER (REGISTERED OR OTHERWISE). IN NO WAY WILL MDSPOTS BE LIABLE FOR ANY LEGAL ACTIONS BROUGHT AGAINST YOU BY SUCH USERS (REGISTERED OR OTHERWISE).
Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its Web site, products, services, hiring, experience, employment or recruiting practices, or otherwise. MDSpots is not an employment agency or a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the employment objectives of Users. MDSpots does not guarantee that Documents posted by Users will result in candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason made, made by any User. MDSpots assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users.
31. GENERAL
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA WITHOUT REGARD TO ITS RULES GOVERNING CONFLICTS OF LAW. THE PARTIES AGREE THAT THE EXCLUSIVE VENUE FOR ALL ACTIONS AND ARBITRATIONS RELATING IN ANY MANNER TO THIS AGREEMENT SHALL ONLY BE IN A FEDERAL OR STATE COURT OF COMPETENT JURISDICTION LOCATED IN FLORIDA, U.S.A. If any provision of this Agreement is for any reason held unenforceable or invalid, then this Agreement shall be construed as if such provision were not contained in this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions of this Agreement must be filed within one (1) year after the date of such claim or cause of action arose or be forever barred. The failure of MDSpots to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. You may not assign this Agreement or any of its rights or obligations without the prior written consent of MDSpots, and any such attempted assignment will be void. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the permitted successors, legal representatives and assigns of the parties hereto. Notwithstanding anything else set forth herein to the contrary, the relationship between you and MDSpots is an independent contractor relationship only, and nothing herein shall be construed to create a partnership, joint venture, franchise, employment, or any other agency relationship between the parties. If any provision hereof is declared invalid by a court of competent jurisdiction, such provisions shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement will continue in full force and effect. The Materials are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq, or its successor. Use of the Materials by the Government constitutes acknowledgment of MDSpots’ proprietary rights in them. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
32. ENTIRE AGREEMENT
You agree that this Agreement (and, if you are a user who has registered on this Site (“Registered Users”), any provisions included in the registration process) is the complete and exclusive statement of the agreement between MDSpots and you, which supercedes any proposal or prior agreement, oral or written, and any other communications between you and MDSpots relating to the subject matter of this Agreement.
Please report any violations of the Terms and Conditions Agreement to MDSpots – info@MDspots.com.
