Subscriber Service Agreement

SUBSCRIBER SERVICE AGREEMENT:

In addition to the limitations and requirements contained in the WEBSITE DISCLAIMER & TERMS OF USE section Subscribers (“you”, “employer”, “recruiters”, “outplacement firms”) agree to the following Service Agreement terms:

All Position listings (slots) and/or search windows purchased will be used solely and exclusively for purposes of advertising and recruiting for:
- Employers: positions in your organization
- Recruiters/Outplacement Firms: positions that you have been retained by an employer to fill, and/or for job searches on behalf of individuals who have retained you to find employment for them.
You will register only in the appropriate section of the System. Services will be terminated for:
- Employers that subscribe to the Recruiter/Outplacement section or enroll as an individual.
- Recruiters or Outplacement Firms that subscribe to the Employer section or enroll as an Individual.
Notify us promptly at admin@MedicalStaffingSystems.com if you believe an entity has incorrectly registered.
You will not sell, rent, share, or otherwise provide any other individual or entity access to Position slot(s) and/or search window(s) you purchase.
Employers will use Profiles submitted to you, or identified through search window(s) for your internal recruiting purposes only. You will not sell, rent, share, or otherwise provide any other individual or entity access to the information contained in the Profile.
Recruiters/Outplacement firms will use Individual Profiles submitted to you or identified through search window(s) only for positions that you have been retained by an employer to fill, and will use Position listings submitted to you or identified through search window(s) only on behalf of individuals who have retained you to find employment for them. You will not sell, rent, share, or otherwise provide any other individual or entity access to the information contained in the Individual Profile or Position listing.
You will abide by all applicable laws, regulations and rules, including equal employment opportunity and privacy laws.
You will ensure that all of your employees and representatives using, or otherwise having access to, our services do so only in accordance with the terms and conditions of this agreement and the WEBSITE DISCLAIMER & TERMS OF USE.
You understand that your subscription is automatically renewed on a month-to-month basis and that if you wish to change or terminate your subscription, you must make the necessary changes or submit the cancellation request. All changes (increase, decrease, or termination of subscription services) will be effective as set forth in the WEBSITE DISCLAIMER & TERMS OF USE section.
To help protect your account information, we do not retain credit card numbers in our system, and we do not accept on-line debit transactions from checking accounts.
You acknowledge that your active Position listings will be available on the worldwide Internet, and you hereby grant Medical Staffing Systems and its designees a non-exclusive transferable right and license to use, distribute, reproduce and display the listings and any related materials, including your name and logo. Upon request from you, we will not display your name with your listing(s), and will make reasonable efforts to ensure the confidentiality of such listings is protected. However, you acknowledge that we have no control over, or responsibility for, consequences if an unauthorized individual or entity determines your identity and makes it available to others on the Internet or otherwise.
We may modify, suspend or terminate some or all services provided to you, without refund for any unused services, if you breach any provision of the Subscriber Service Agreement or the WEBSITE DISCLAIMER & TERMS OF USE. If you believe we have incorrectly taken action under this paragraph, contact us by e-mail at admin@MedicalStaffingSystems.com or at PO Box 3643, Salem, OR 97302, and we will make a reasonable attempt to explain or correct our action.
We do not guarantee that any Position listing will be viewed by any number of users or by any specific user.
You acknowledge that we will not be liable to you, or any person or entity claiming benefit from your relationship with us for any failure of, or access to, the materials or services due to technological failures or any other cause outside our control, including without limitation unauthorized reproduction or tampering by “hackers” or data harvesters.
This agreement shall be governed by the laws of the state of Oregon and you hereby consent to the jurisdiction of the Federal or State courts of Oregon, and waive any jurisdictional, venue or inconvenient forum objections thereto.
Except as may arise under the indemnification obligations in the WEBSITE DISCLAIMER & TERMS OF USE or this section, neither party shall be liable to the other party (or any person or entity claiming rights under this agreement) for any indirect, special, incidental, consequential, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, arising out of or relating to this agreement. In any event, our maximum liability arising out of or relating to this agreement, whether the cause of action arises in contract, tort, or otherwise, shall not exceed the amounts paid to us by you for services rendered to you during the period of time covered by such action.
Cancellation of Service: Subscribers may terminate their subscription at any time. Subscriber will not be entitled to a refund for previously purchased services. Cancellations will be effective as of the last day of the current monthly period for which the Subscriber has paid. For example, if a paid subscription runs from the 15th of June to the 15th of July, any cancellation request received on or after June 15th will be effective on July 15th.
This Subscribers Service Agreement and the WEBSITE DISCLAIMER & TERMS OF USE represents the complete and entire agreement between you and us. We will notify you of any changes to the terms of the Subscribers Service Agreement in advance. If you are not willing to accept the new terms, you may cancel your subscription. Your cancellation will be effective on the date we receive it, and we will calculate any refund based on that cancellation date. Rights and obligations of both parties are binding upon and inure to the benefit of their respective successors and permitted assigns. Waiver by us of any section of this agreement does not constitute a waiver of any other clause or section or any term or condition in the WEBSITE DISCLAIMER & TERMS OF USE, and will not be used by you to demand a future waiver of any clause or section by us.

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