- Introduction. Please read this page carefully. It contains the terms and conditions (the “Terms and Conditions”) governing your access to and use of the Nursing Jobs Tips Web Sites and the Services (as each are defined below) provided by Nursing Jobs Tips, LLC or one of its divisions (collectively, “Nursing Jobs Tips”). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Nursing Jobs Tips Web Sites or Services. These Terms and Conditions are effective as of January 4, 2017.
- Binding Agreement. These Terms and Conditions (as they may be amended from time to time by Nursing Jobs Tips), together with your Advertising and Candidate Search Service Agreement (if applicable), form a binding agreement (the “Agreement”) between you and Nursing Jobs Tips. Your access to or use of the Nursing Jobs Tips Web Sites or Services indicates your acceptance of these Terms and Conditions. You are agreeing to use the Sites at your own risk.
- Certain Definitions. The following definitions apply to this Agreement:
3.1 “Nursing Jobs Tips Materials” includes any materials, methodologies, implementation plans or other intellectual property used during the provision of Services.
3.2 “Nursing Jobs Tips Web Site” or the “Site” (collectively, the “Nursing Jobs Tips Websites” or the “Sites”) means any web site under Nursing Jobs Tips’s control, whether partial or otherwise and includes such Site’s Content, Nursing Jobs Tips Materials and Services (as applicable in each context).
3.3 “Content” means Nursing Jobs Tips’s web pages, web forms, programming (including software code used on the Sites and in the Services, including (i) tools, kits, and object libraries, (ii) all third-party or open source code embedded therein, and (iii) any upgrades, updates, releases, fixes, enhancements or modifications to the foregoing), graphics, images, design (color combinations and page layout), text, information, data, resumes stored in various commercial databases operated and licensed by Nursing Jobs Tips (including, among others, its “Resume Database,” “Salary Calculator Database,” “TalentStream Supply & Demand Database” and the Recruitment Edge Database), data submitted via the Sites by Users and other content made available through the Sites by Nursing Jobs Tips.
3.5 “Document” refers to any posting to a Site, whether job or resume.
3.6 “Employer” means a person or entity that is accessing a Site to post a job or utilizing the Services for any reason related to the purpose of seeking candidates for employment.
3.7 “Employer Materials” includes any brochures, emails, sample job postings, web site content, career fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by Employer, if any, for use in connection with the Services.
3.9 “Job Seeker” means a User who is accessing a Site to search for a job or in any other capacity except as an Employer.
3.10 “Services” means any services provided by Nursing Jobs Tips or its agents described herein and specified more fully in the Service Activation Agreement.
3.12 “User” refers to any individual or entity that uses any aspect of the Sites.
3.13 “You” or “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
- Intellectual Property Rights and Acceptable Use of the Sites and Services.
4.1 General Use Rules. The Sites are intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use the Sites only for lawful purposes within the stated context of Nursing Jobs Tips’s intended and acceptable use of the Sites. Nursing Jobs Tips is the sole interpreter of the Sites’ intended and acceptable use.
4.2 Nursing Jobs Tips Intellectual Property Rights. The Sites, the Nursing Jobs Tips Materials and all right, title and interest in and to the Sites and Nursing Jobs Tips Materials are the sole property of Nursing Jobs Tips or its licensors, and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, Nursing Jobs Tips reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or Nursing Jobs Tips Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Sites; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts, robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider” any web pages or any Services provided on the Sites other than the search engine and search agents available from Nursing Jobs Tips on such Nursing Jobs Tips Sites and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the Nursing Jobs Tips Sites, without the express written consent of Nursing Jobs Tips. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. The Nursing Jobs Tips Materials are not considered to be works for hire and you may duplicate such Nursing Jobs Tips Materials only for the purposes outlined in the Service Activation Agreement. “Nursing Jobs Tips,” “Personified”, the Nursing Jobs Tips design logo and certain other names or logos are service marks or trademarks of Nursing Jobs Tips, and all related product and service names, design marks and slogans are the service marks or trademarks of Nursing Jobs Tips. In addition, the “look” and “feel” of the Sites (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Nursing Jobs Tips’s trademarks, service marks and copyrights. Any code that Nursing Jobs Tips creates to generate or display the Content or the pages making up the Sites is also protected by Nursing Jobs Tips’s copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or Nursing Jobs Tips Materials on any authorized copy you make of the Content or Nursing Jobs Tips Materials. All other product and service marks contained on the Sites are the trademarks of their respective owners.
4.3 License to Use by Users who are Job Seekers. Nursing Jobs Tips hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Sites solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Your use of the Sites is a privilege. Nursing Jobs Tips reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
4.4 License to Use by Users who are Employers. Nursing Jobs Tips hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Sites solely for your personal use directly related to searching for and recruiting job prospects. Nursing Jobs Tips also grants you a limited, terminable, non-exclusive license to use the Nursing Jobs Tips Materials and Services for your internal use only. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by Nursing Jobs Tips to any third party without the express written authorization of Nursing Jobs Tips. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Nursing Jobs Tips reserves the right to suspend or terminate your access and use at any time if Nursing Jobs Tips determines that you are in breach of these Terms and Conditions.
4.5 Employer Materials. Employer represents, warrants and covenants that any Employer Materials provided by Employer for use in connection with the Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants Nursing Jobs Tips a non-exclusive, worldwide, royalty-free license to use the Employer Materials and to hyperlink to Employer’s website in connection with the Services.
4.6 Use of Aggregate Data. You understand and agree that Nursing Jobs Tips owns and has the right to collect, extract, compile, synthesize, and analyze Aggregate Data. Nursing Jobs Tips may use such Aggregate Data for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated and anonymized form so that it cannot be identifiable as relating to you, your Company or to any other Job Seekers. “Aggregate Data” means de-identified aggregated data or information regarding Job Seekers’ educational or career history (including, by way of example and not limitation, aggregate data relating to Job Seekers’ occupation, location, salary, education and experience).
4.7 Other Specific Rules Regarding Site Usage. You represent, warrant and agree that you (a) are at least 13 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Sites and Services under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or plan, encourage or help others to use) the Sites for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Sites complies with these Terms and Conditions and all applicable laws.
4.8 User Submissions. Nursing Jobs Tips welcomes your comments regarding the Services and the Sites and appreciates hearing from you. Please note, however, that Nursing Jobs Tips does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit feedback on the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, you send Nursing Jobs Tips creative suggestions, ideas, drawings, concepts, inventions, or other information (a “User Submission”), you understand and agree that the User Submission shall become the property of Nursing Jobs Tips. User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on Nursing Jobs Tips’s part, and Nursing Jobs Tips will not be liable for any use or disclosure of any User Submission. Nursing Jobs Tips shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
- Third Party Providers. You acknowledge and agree that Nursing Jobs Tips may provide the Services using third party providers, including subcontractors and consultants (the “Third Party Providers”). You agree that, as between Nursing Jobs Tips and its Third Party Providers, Nursing Jobs Tips will have sole responsibility for handling all billing and contract negotiations.