PracticeMatch Terms of Service

These Terms of Service (collectively, these " Terms of Service ") are agreed to as of this day by you (collectively, " visitors, " " registered users, " " you " or " your ") and PracticeMatch Services, LLC (" PracticeMatch, " " us, " " our, " or " we "). These Terms of Service sets forth the terms and conditions that apply to your access to and use of www.practicematch.com and our related technology systems (collectively, the " Website "). These Terms of Service also set forth the terms and conditions that apply to the use of the Website and Online Services (as defined herein) by Physicians and Hiring Organizations registered to use the Online Services (collectively, " registered users, " " you " or " your "). " Online Services " shall be the Website and those other online services provided by PracticeMatch by and through the Website. To the extent the terms and/or conditions of any separately negotiated contract you may enter into with PracticeMatch conflict with these Terms of Service, including but not limited to any license, custom sourcing, or any other services, the terms and/or conditions of the separately negotiated contract, including the standard terms and conditions located at: www.practicematch.com/TAC/index.cfm as the same may be amended or updated from time to time (collectively, " Other Contracts ") shall control.

Please read these Terms of Service and our Privacy Policy carefully prior to your use of our Website or your registration for, purchase, or use of any of our Online Services. By submitting information to PracticeMatch, either by using our Website or registering for, purchasing, or using an Online Service, you agree to be bound by all of the terms and conditions of these Terms of Service and the Privacy Policy, including any changes or revisions which PracticeMatch, in its sole discretion and from time to time, may make to these Terms of Service and/or the Privacy Policy. If you do not agree with all of the terms and conditions of these Terms of Service and the Privacy Policy you are not authorized to use our Website or register for, purchase, or use any of our Online Services, and your sole remedy is to stop using our Website and our Online Services.

  1. Compliance with These Terms of Service

    You represent that you (a) are at least 18 years of age and of legal age to agree to the terms and conditions set forth in these Terms of Service, the Privacy Policy, and any Other Contracts; and (b) agree to comply with all local rules regarding online conduct and transmission of information. To determine your compliance with these Terms of Service, the Privacy Policy, any Other Contracts, and any applicable laws, PracticeMatch reserves the right, but not the obligation, to monitor your use of our Website and our Online Services. PracticeMatch reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it deems in its sole discretion to be unacceptable, offensive, or in violation of these Terms of Service, the Privacy Policy, any Other Contracts, and/or any applicable laws.

  2. Using our Online Services

    You are only entitled to use our Website for lawful purposes and pursuant to the terms and conditions of these Terms of Service, the Privacy Policy, and any Other Contracts. Your use of our Website may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Website, or other actions that PracticeMatch, in its sole discretion and from time to time, may elect to take. PracticeMatch reserves the right to suspend or discontinue the availability of our Website and/or any portion or feature of our Website at any time in our sole discretion and without prior notice.

    You shall not, and you shall not attempt to or otherwise authorize, encourage, or support a third party's attempts to, create derivative works of or make commercial use of the content on our Website (" Content "). You shall also not, and you shall not attempt to or otherwise authorize, encourage, or support a third party's attempts to, circumvent, re-engineer, decrypt, break, or otherwise alter or interfere with our Website in any manner. You shall also not reproduce, modify, distribute, sell, or otherwise transfer any rights in and/or to any Content. You shall not metatag, provide links to, frame, or mirror our Website without the prior express written permission of PracticeMatch.

    You shall not be permitted to do any of the following, as determined by PracticeMatch, in its sole discretion, each of which may result in your loss of the right to access and use our Website and/or Online Services: (a) violate the terms and conditions of these Terms of Service, our Privacy Policy, or any Other Contract; (b) restrict, inhibit, or prevent any access to, use, or enjoyment of our Website or any Online Service; or (c) through the use of our Website or any Online Service, defame, abuse, harass, offend, or threaten anyone or any entity.

    You acknowledge that you are solely responsible for providing and maintaining all equipment, hardware, software and means of communication, and charges for all related services, for your access to and use of the Website and our Online Services.

    Although the Website is accessible worldwide, the Online Services may not be available, accessible, or legal to use for persons located outside of the United States (" U.S. "). Those who choose to access the Website from locations outside the U.S. do so on their own initiative and at their own risk and are responsible for compliance with local laws if and to the extent local laws are applicable. PracticeMatch reserves the right to limit the availability of the Website and the Online Services to any person, geographic area, or jurisdiction it so desires at any time and in our sole discretion.

    Our Online Services display some content that is not ours, but that we provide based on an agreement between PracticeMatch and the American Medical Association (" AMA "). This content is the sole responsibility of the AMA.

  3. Privacy

    Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how we treat your personal data and protect your privacy when you use our Online Services. By using our Online Services, you agree that PracticeMatch can use such data in accordance with our Privacy Policy.

  4. Description of the Website and Online Services

    The Website is only a venue allowing for the creation and posting of profiles (" Profiles ") and curriculum vitae to the Website by physician candidates (" Physicians "), and the creation and posting of Profiles to the Website by organizations that hire Physicians (" Hiring Organizations "). Through the Website, Physician Profiles are made accessible to Hiring Organizations, and Hiring Organization Profiles are made accessible to Physicians. Physicians may also designate specific Hiring Organizations to review their curriculum vitae via our " Physician Career Center. "

    PracticeMatch does not evaluate or censor the curriculum vitaes, Profiles, or other information posted to the Website or exchanged via our PhysicianCareer Center. PracticeMatch has no control over the quality, safety, or legality of the curriculum vitaes, Profiles, or other information posted to the Website or exchanged via our Physician Career Center, the truth or accuracy of such curriculum vitaes, Profiles, or other information posted to the Website or exchanged via our Physician Career Center, the ability of Hiring Organizations to hire Physicians, or the ability of Physicians to fill job openings.

    Because user authentication on the Internet is difficult, PracticeMatch does not confirm that registered users are who they claim to be. Because we do not control the behavior of the Website's visitors and registered users, in the event that you have a dispute with another visitor or registered user, you hereby release PracticeMatch from all claims, demands, and damages (actual and consequential, direct and indirect) 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 acknowledge that there may be certain risks, including, but not limited to, the risk of physical harm and of dealing with strangers, underage persons, or people acting under false pretenses, associated with pursuing relationships begun on the Internet. You assume all risks related to dealing with other visitors and registered users with whom you have had contact through the Website.

    You acknowledge and agree that you are solely responsible for the form, content, and accuracy of any curriculum vitae, Profile, or other information you post to the Website. PracticeMatch neither warrants nor guarantees that any curriculum vitae, Profile, or other information you post to the Website will be viewed by any specific number of registered users, or that any curriculum vitae, Profile, or other information you post to the Website will be viewed by any registered user. PracticeMatch is not to be considered as an employer with respect to your use of the Website, and we shall not be responsible for any employment decisions made by any registered user posting curriculum vitae, Profile, or other information you post to the Website.

    PracticeMatch assumes no responsibility or liability for any Physicians selected by a Hiring Organization. Selection, retention, or hiring of any individual or entity is based solely on your investigation, verification and determination that such selection, retention, or hiring is suitable for your purposes.

  5. Registration; Use of Secure Areas and Passwords

    Some areas of the Website require you to register with us. If you register for Online Services, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form; and (b) to maintain and update your information to keep it accurate, current, and complete. You acknowledge that should any information provided by you be found to be untrue, inaccurate, not current, or incomplete, we reserve the right to terminate these Terms of Service with you and your use of the Website and Online Services.

    As part of the registration process, you will be asked to select a unique username and password. We may refuse to allow you to use a username that impersonates someone else, may be illegal, may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. 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 must promptly change your password and immediately notify us in writing of the problem. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND SOLELY AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

  6. Intellectual Property Rights

    The name " PracticeMatch ", www.PracticeMatch.com, and other trade names, URLs, and Website domain names owned and/or operated by PracticeMatch, and PracticeMatch's graphics, logos, page headers, button icons, scripts, and service names are copyrights, service marks, trademarks and/or trade dress of PracticeMatch (collectively, the " Proprietary Marks "). You may not use the Proprietary Marks without the prior express written permission of PracticeMatch, which permission may be withheld in PracticeMatch's sole discretion. PracticeMatch makes no proprietary claim to any third party names, trademarks, or service marks appearing on our Website. Any third party names, trademarks, and service marks are property of their respective owners.

    The Content, downloads, and other data and information viewable on, contained in, or downloadable from our Website and the Proprietary Marks, and all other intellectual property, proprietary rights, or other rights related to tangible and intangible property which are used, developed, comprising, embodied in, or provided in connection with our Website and Online Services (collectively, the " Intellectual Property "), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, and renditions, are copyrighted or trademarked by, or otherwise licensed to, PracticeMatch or its Content suppliers. PracticeMatch also owns a copyright in a collective work in the selection, coordination, arrangement, presentation, display, and enhancement of the Intellectual Property (the " Collective Work "). All software used for our Website (the " Software ") is the property of PracticeMatch or its software vendors and is protected by U.S. and international copyright laws. Viewing, reading, printing, downloading, or otherwise using the Intellectual Property and/or the Collective Work does not entitle you to any ownership or intellectual property rights in and/or to the Intellectual Property, the Collective Work, or the Software.

    You shall be solely responsible for any damage resulting from your infringement of PracticeMatch's or any third party's intellectual property rights regarding the Proprietary Marks, the Intellectual Property, the Collective Work, the Software, and/or any other harm incurred by PracticeMatch or any third party as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing, or using the same for purposes that are contrary to the terms and conditions of these Terms of Service or applicable law.

  7. Amendments

    We reserve the right to amend these Terms of Service and/or our Privacy Policy at our sole discretion and at any time. You should review these Terms of Service 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 not apply retroactively and will become effective immediately after they are posted. However, changes addressing new functions for an Online Service or changes made for legal reasons will be effective immediately.

    our continued use of our Website following changes to our terms constitutes your acceptance of our amended terms.

  8. Termination

    We may cancel or suspend your account or Profile at any time, with or without cause, and with or without notice. We may terminate and/or suspend your account or Profile immediately, without notice, if (a) you violate these Terms of Service, the Privacy Policy, any Other Contract, and/or any applicable laws; or (b) you have failed to pay your subscription fees if you have subscribed for a fee-based Online Service. Your right to use your account will end once your account is cancelled or terminated, and any data you have stored on such account may be unavailable later. If you subscribed to a fee-based Online Service, you remain responsible for paying any amounts owed on your account at the time your fee-based Online Service and/or account is terminated or cancelled.

  9. Electronic Communications

    By using our Website or using an Online Service, you consent to receive communications from PracticeMatch electronically. Although PracticeMatch may choose to communicate with you by other means, PracticeMatch may also choose to solely communicate with you electronically by e-mail or by posting notices on our Website. You agree that all agreements, notices, disclosures, and other communications that PracticeMatch sends to you electronically satisfy any legal requirement that such communications be in writing.

  10. Disputes

    Any claim, cause of action, or dispute you have with us arising out of or relating to these Terms of Service or www.practicematch.com shall be brought exclusively in the Courts in the State of Missouri or the United States District Court for the Eastern District of Missouri. You hereby waive any objection to jurisdiction or venue in such courts. The laws of the State of Missouri will govern these Terms of Service, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in St. Louis County, Missouri for the purpose of litigating all such claims.

    We provide our Website and our Online Services using a commercially reasonable level of skill and care, but there are certain things that we don't promise about our Website or our Online Services, which you use at your own risk. WE MAKE NO AND SPECIFICALLY DISCLAIM WARRANTIES OR REPRESENTATIONS OF ANY AND EVERY TYPE CONCERNING THE WEBSITE OR THE ONLINE SERVICES, THEIR CONSTITUTENT PARTS, OR ANY OTHER PRODUCTS OR SERVICES OFFERED, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WE ARE NOT LIABLE FOR ANY DAMAGES, REGARDLESS OF THE FORM OF ACTION, IN EXCESS OF THE FEES PAID BY YOU DURING THE PREVIOUS TWELVE (12) MONTHS. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, OR FOR LOST PROFITS ARISING OUT OF YOUR USE OR INABILITY TO USE THE WEBSITE OR THE ONLINE SERVICES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE SERVICES OR THE WEBSITE, INCLUDING ITS CONTENT. We are not responsible for interruption of access to the Website or the Online Services, but will use commercially reasonable efforts to restore access to the Website as promptly as reasonably possible.

  11. Other

    These Terms of Service 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, as if invalid portions were deleted from these Terms of Service. If we fail to enforce any part of these Terms of Service, it will not be considered a waiver. Any waiver of these Terms of Service must be made in writing and signed by us. You will not transfer any of your rights or obligations under these Terms of Service to anyone else without our consent. All of our rights and obligations under these Terms of Service are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in these Terms of Service shall prevent us from complying with the law. These Terms of Service do not confer any third party beneficiary rights. We reserve all rights not expressly granted to you.

    You will comply with all applicable laws when using the Online Services or accessing our Website.

    If you have questions, comments, concerns or feedback regarding these Terms of Service, our Privacy Policy, any Other Contracts, our Website, or any of our Online Services, please contact us at info@practicematch.com or:

    PracticeMatch Services Corporation Attention: Information 600 Emerson Road Suite 450 St. Louis, MO 63141 TEL. 314 485-6205 FAX 314 485-6206

These Terms of Service, our Privacy Policy, and any Other Contracts made available to you by PracticeMatch, each as amended from time to time, represent the entire understanding and agreement between you and PracticeMatch regarding the subject matter of the same, and supersede all other previous agreements, understandings, and/or representations regarding the same.

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