LocumsPractice Terms of Use
The Terms of Use cover the terms and conditions that apply to your use of this website. By using this site you acknowledge that you have read the Terms of Use
and that you accept and will be bound by the provisions contained herein.
LocumsPractice reserves the right, at its sole discretion, to modify, add, or remove portions of these Terms of Use at any time. Your continued use of this
website will mean that you accept and agree to the changes.
General terms and conditions
You acknowledge and agree that you must: (a) provide for your own access to the internet and pay any service fees associated with such access, and (b)
provide all equipment for you to make such connection to the internet.
By using this website, including any applets, software and content contain herein, you agree that use of the site is entirely at your own risk. THE SITE IS
PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES,
UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE. SPECIFICALLY, ANY AND ALL WARRANTIES WILL BE DISCLAIMED, INCLUDING,
BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES AND (2) ANY
WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 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, TORTUOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER LOCUMSPRACTICE NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS OR CONTENT OR SERVICE PROVIDERS
SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY
TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY, BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES THE RESPECTIVE LIABILITY OF LOCUMSPRACTICE, ITS EMPLOYEES,
AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY SUCH STATE LAW.
LocumsPractice reserves the right to change any information on this website including but not limited to revising and/or eliminating features or other
information without prior notice. Clicking on certain links within this website might take you to other websites for which LocumsPractice assumes no responsibility
of any kind for the content, advertising, accuracy, availability, opinions expressed or otherwise. Inclusion of any linked site does not imply approval or
endorsement of the linked website or any products or services available thereon. Content presented on this website may vary depending upon your browser
settings and limitations.
Indemnification by user
USER AGREES TO INDEMNIFY, DEFEND, AND HOLD LOCUMSPRACTICE AND ITS AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, LOSSES, AND EXPENSES, INCLUDING
ATTORNEYS’ FEES, RELATED TO A USER’S VIOLATION OF THESE TERMS OF USE OR THE USER OF THE SERVICES AND INFORMATION PROVIDED ON THIS WEBSITE.
Use of Content
All text, graphics, images, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and code – including, but not limited
to, the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such content – contained on this website is owned, controlled,
or licensed by or to LocumsPractice and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and
unfair competition laws. Unauthorized use may violate these laws and is strictly prohibited.
Except as expressly provided in these Terms of Use, no part of the website and no content, materials, or other information on this website may be copied,
reproduced, adapted, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any medium for publication
or distribution, or for any commercial enterprise without LocumsPractice’s express prior written consent.
The posting of information or other materials or content on this website does not constitute a waiver of any proprietary right in such information, materials,
or content (such as, but not limited to, copyright, patent, trademark, or other intellectual property rights) and does not transfer any rights to a user of the
website or to any other third party except as expressly provided herein.
Security, passwords and accounts
Certain features or services offered on or through this website may require you to establish a username/email address and password. You are entirely responsible
for maintaining the confidentiality of your account information, including your password and for any and all activity that occurs under your account. You agree to
notify LocumsPractice immediately of any unauthorized use of your account or any other breach of security. However, you may be held liable for losses incurred by
LocumsPractice or any other user of or visitor to this website due to someone else using your account.
You may not use anyone else’s account at any time without the express permission and consent of the holder of that account. LocumsPractice cannot and will not
be held liable for any loss or damage arising from your failure to comply with these obligations.
If you wish to make purchases through the website, you may be asked to supply certain information, including credit card or other payment mechanism information.
You agree not to hold LocumsPractice liable for any loss or damage of any sort incurred as a result of any such dealings with information through the site.
You agree that all information you provide through the website for purposes of making purchases will be accurate, complete, and current. Prices for items or
services available via this website may change at any time. You agree to pay all charges incurred by users of your account and credit card or other payment
mechanism at the prices in effect when such charges are incurred.
User conduct
While using the website, you may not
- Restrict or inhibit any other user from using and enjoying the website; or
- Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national laws; or
- Post or transmit any advertisements, solicitations, chain letters, “club membership”, pyramid schemes, distributorship or sales representative agency arrangement or other business investment opportunities, or other unsolicited commercial communication (except as otherwise permitted by LocumsPractice) or engage in spamming, mail bombing, flooding, or crashing; or
- Post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component; or
- Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the website for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material); or
- Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the website which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; or
- Upload, post, publish, reproduce, transmit, or distribute in any way any component of the website itself or derivative works with respect thereto, as the website is copyrighted as a collective work under U.S. copyright laws; or
- Access data not intended for such use or logging into a server or account which the user is not authorized access; or
- Attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or
- Attempt to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the site; or
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or
- Post jobs or content that contains any hyperlinks, “hidden” keywords or any key words that are irrelevant to the job or are otherwise misleading contained in a job posting; or
- Use of information to sell or promote any products or services; or
- Post or submit any incomplete, false or inaccurate biographical information or information which is not your own; or
- Send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user; or
- Delete or revise any material posted by any other person or entity; or
- Use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation: browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the website other than the search engine and search agents available from the website and other than generally available third party web browsers (i.e. Microsoft Internet Explorer, Mozilla Firefox); or
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising of or in any way making up a part of the site
Violations of system or network security may result in civil or criminal liability. LocumsPractice 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.
Miscellaneous
LocumsPractice does not represent or guarantee the truthfulness, accuracy, or reliability of user content or any other communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.
LocumsPractice ensures that they are compliant with the CAN-SPAM Act. Opting out/unsubscribing from emails does not include emails that are auto-generated from the website.
This agreement shall be governed by the laws of the state of Georgia; all parties expressly agree to be subject to the jurisdiction of Georgia courts. No conditions other than those set forth herein shall be binding on LocumsPractice unless specifically agreed to in writing by LocumsPractice.
The Terms of Use will be governed by and construed in accordance with the laws of the State of Georgia; both parties expressly agree to be subject to the exclusive jurisdiction of Georgia courts.
The failure of LocumsPractice to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of the Terms of Use remain in full force and effect.
No conditions other than those set forth herein shall be binding unless specifically agreed to in writing by LocumsPractice.