Wellspring Medical Resources is your Recruiting Partner
Terms & Conditions
This Agreement governs the terms between you and Wellspring Medical Resources ("Wellspring") and your interaction with the WellspringMed.com community through usage of the web site located at www.WellspringMed.com (the "Site") or via any other activity between you and Wellspring or other users involved with the Site as it relates to the creation, submission or use in any other manner of information submitted to or used from the Site.
This Agreement contains many important provisions that might affect your rights and obligations. Your use of the Site means you agree to the following terms and conditions. If you do not agree with these terms and conditions, you should:
- Leave this website immediately; and
- Not use the files herein.
SECTION ONE. DEFINITIONSIn this Agreement:
- "You" means you, the user;
- "Wellspring" or "we" means, Wellspring Medical Resources;
- "Site" means the website located at www.WellspringMed.com;
- "Content" means any idea submitted to or used from the Site or other material on the Site.
- "Permitted Use" means use of the Content for those specified purposes contained in this Agreement. You may use the Content for personal use or for employment searching or posting purposes unless you have been prohibited from such use by Wellspring. However, you agree that your use of the Content will not in any way be contrary to applicable local, national, and international laws and regulations.
SECTION TWO. TERM OF AGREEMENTThis Agreement shall remain in effect until it is terminated in writing by Wellspring. You can terminate this Agreement by destroying any Content in your possession along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose. The Agreement also terminates without notice from Wellspring if at any time you fail to comply with any of its terms. Upon termination, you must immediately cease using the Content. Wellspring reserves the right to elect at a later date to revoke or amend this Agreement and replace the Content for any reason.
SECTION THREE. REPRESENTATIONS AND WARRANTIESThe function of the Site is to enhance the process of matching health professionals and organizations seeking employment and employee opportunities. The notice is provided to you on the Site and should not be modified or altered in any manner without the express, written consent of Wellspring. You shall be solely responsible for your own use of the Site and the consequences of WellspringMed.com posting or publishing your non-identifying information you might submit. In connection with the submission of your information, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Site to use your information in the manner contemplated by the Site and these Terms and Conditions.
You shall be solely responsible for your own use of Content provided on the Site. Wellspring reserves the right to remove Content without prior notice
THE CONTENT ON Wellspring's WEBSITE IS PROVIDED "AS IS" WITHOUT REPESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Wellspring DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT Wellspring) ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS.
Certain jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from jurisdiction to jurisdiction.
SECTION FOUR. DIGITAL MILLENIUM COPYRIGHT ACTIf you are a copyright owner or an agent thereof and believe that any Content provided on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
SECTION FIVE. LIMITATION OF WARRANTIES AND LIABILITYYOU AGREE THAT YOUR USE OF THIS WEBSITE SHALL BE AT YOUR SOLE RISK. IN NO EVENT SHALL Wellspring OR ANY OF ITS AFFILIATES OR CONTENT PROVIDERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
YOU SPECIFICALLY ACKNOWLEDGE THAT Wellspring SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY OF Wellspring UNDER THIS AGREEMENT, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF ANY OR ALL OF THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE FEES ACTUALLY PAID BY YOU TO Wellspring UNDER THIS AGREEMENT IN RESPECT OF THE USE OR PURCHASE OF DERIVATIVE WORKS OF THE RELEVANT CONTENT.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
SECTION SIX. INDEMNIFICATIONYou agree to indemnify, defend and hold Wellspring, its affiliates, its Content providers and their respective directors, officers, employees, shareholders, partners and agents (collectively "Wellspring Party") harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees on a solicitor and client basis) incurred by any Wellspring Party as a result of or in connection with any breach by you or anyone acting on your behalf of any of the terms of this Agreement.
SECTION SEVEN. GENERAL PROVISIONSYou specifically agree and acknowledge that you have, in addition to the terms of this Agreement, reviewed the terms of any other agreements which may be incorporated by reference therein, and to the extent of their incorporation in this Agreement you agree to be bound by them.
Wellspring's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
This Agreement is personal to you and is not assignable by you without Wellspring' prior written consent. Wellspring may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms.
If any provision of this agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in effect
This Agreement will be governed under the laws of the State of Massachusetts and the federal laws of the United States of America applicable therein (without reference to conflicts of laws principles).
SECTION EIGHT. CONTACTIf you have any questions regarding this Agreement, please contact Wellspring at our contact page.
ACKNOWLEDGEMENT.YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF Wellspring AGREEING TO HOST THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND Wellspring, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND Wellspring RELATING TO THE SUBJECT OF THIS AGREEMENT.
If you have any questions, comments, suggestions, or recommendations, please feel free to contact us.