2. Charges. NAPR has the sole and absolute discretion to establish the fee charged to User for a specific NAPR Program; said fees may change from time-to-time. All Users of each User level will be subject to the same fee as other Users of the same User level unless otherwise specified in this Agreement or by the Board of Directors of the NAPR.
3. Privacy. Users of this site and NAPR members are asked for certain company and personal information. NAPR does not sell, lease or rent User information to anyone. User must understand that all information submitted on the site might potentially be publicly accessible. Important and private information should be protected by User. NAPR is not liable for protecting the privacy of electronic mail or other information transferred through the internet or any other network provider that User may use.
4. Proprietary Information. NAPR’s website comprises information and materials proprietary to NAPR and protected under federal and state laws. As such, the materials and information contained therein may not be compiled, sold, or distributed in any form and may only be used for its intended purpose. NAPR reserves all rights in such materials and information. ACCESS BY ANY REPRESENTATIVE OF A COMPETING JOB BOARD IS UNAUTHORIZED.
5. Intellectual Property.
1. Copyrights: The materials in NAPR's website are protected under United States Copyright Laws. These materials are for individual or organizational use as authorized by NAPR, exclusively. User may not modify, copy, aggregate, distribute, publish, display, transmit, reproduce, license, transfer, create derivative works from or sell any information from NAPR's website, without the prior written permission of NAPR. In some cases, some materials contained in NAPR's Website may be subject to copyrights held by third parties and additional permissions may be required.
2. Copyright Infringement: NAPR respects the copyrights of others. Any copyright owner or authorized agent who believes that any materials, information or text displayed on this website infringes their copyrights, may submit a notification pursuant to the U.S. Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent, Copyright Agent, National Association of Physician Recruiters, 222 Southwest Altamonte Drive, Suite 101, Altamonte Springs, FL 32715, with the following information in writing:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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;
3. 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 NAPR to locate the material;
4. Information reasonably sufficient to permit NAPR to contact the copyright owner or its agent, such as an address, telephone number, and, if available, an electronic mail address;
5. A statement that the copyright owner has 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
6. A statement that the information in the notification is accurate, and under penalty of perjury, that complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. Please note that only DMCA notices should go to NAPR's Copyright Agent. Any other feedback, comments, requests for technical support, and other communications should be directed to NAPR's Webmaster firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
3. Trademarks: "NAPR" and NAPR products and services described in this website are either trademarks or trade names of NAPR, or are the property of their respective owners. All rights reserved. These marks may not be copied, imitated, or used, in whole or in part, with the express prior written permission of NAPR. In addition, page headers, custom graphics, button icons, and scripts, may be service marks, trademarks, or trade dress of NAPR, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of NAPR.
6. Editorial Rights. NAPR reserves the right (but expressly disclaims the obligation) to modify, reject or eliminate any information residing on or transmitted to the website that it, in its sole discretion, believes to be unacceptable, objectionable or in violation of these terms, conditions and notices or in violation of the laws of the United States of America. NAPR reserves the right to terminate User's access at any time without notice for any reason whatsoever.
7. Use of Submissions. Any suggestions or ideas submitted by USER to NAPR or NAPR's website become the sole property of NAPR. NAPR reserves the right to use any submitted suggestions or ideas as its own.
8. Third-Party Websites. The NAPR website may contain links to third-party websites. These links are provided solely as a convenience to User and not as an endorsement of the third-party or the contents of the third-party websites by NAPR. NAPR is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy thereof. User accesses linked third-party websites at User's own risk.
9. Unlawful or Prohibited Use. As a condition of User's use of this website User warrants to the NAPR that User will not use this website for any purpose that is unlawful or prohibited by these terms, conditions and notices.
10. User Warranty. User shall not without NAPR's prior express written permission:
1. Access data or areas of this website not intended for such user;
2. Impersonate a physician or other person or misrepresent authorization to act on behalf of others or NAPR;
3. Alter the attribution of origin in electronic mail messages or postings;
4. Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the site;
5. "Mirror" or "frame" any material contained on this site;
6. Modify, copy, aggregate, distribute, publish, display, transmit, reproduce, license, transfer, create derivative works from or sell any information, software, products or services obtained from NAPR’s website;
7. Use or attempt to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search, except for a normal browser, unless authorized in writing by NAPR;
8. Use any device, software or routine to interfere or attempt to interfere with the proper working of the website, including, without limitation, using the website’s communication features in a manner which adversely affects the availability of its resources to other Users;
9. Attempt to interfere with service to any other host or network, including, without limitation, submitting a computer virus or any form of corrupted data to the website;
10. Take any action that imposes an unreasonable load on the site's infrastructure;
11. Post or otherwise communicate material that is obscene, sexually explicit, libelous, defamatory, threatening, harassing, abusive, false, inaccurate, misleading, or embarrassing;
12. Defame, abuse, harass, threaten or otherwise violate the legal rights (such as privacy and publicity) of others;
13. Delete or revise any material posted by any other person or entity on this website;
14. Post, copy or otherwise communicate material that is copyrighted (unless User is the owner or they have received permission to do so), post material that reveals trade secrets, post material that infringes the intellectual property rights of others; or
15. Post or otherwise communicate advertisements or solicitations of business not supported by the NAPR.
11. Electronic Communications. User agrees that an electronic signature will have the same force and effect as a written signature. User agrees that NAPR and World Job Bank subscribers may present job opportunities electronically or via NAPR’s website to registered candidates.
12. Indemnifications. User agrees to indemnify and hold NAPR, its subsidiaries, directors, officers, employees and agents harmless from any third-party claim, damage or demand, including attorneys’ fees, relating to or arising out of User's use of the website or violation of these terms, conditions and notices, User's representations and warranties, or User's violation of any rights of another.
User further agrees to indemnify and reimburse NAPR for any and all expenses and costs (including but not limited to, attorneys’ fees, court costs, travel, Federal Express costs and photocopying expenses) which NAPR may sustain as a result of User’s Breach of this Agreement. This obligation specifically applies to, but is not limited to, any actions NAPR takes to enforce this Agreement.
13. Prosecution. Any unauthorized use or attempt at unauthorized use may result in criminal prosecution.
14. Disclaimer of Warranty. USE OF THIS SITE IS PROVIDED "AS IS, WHERE IS," AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL NAPR BE LIABLE FOR DAMAGES TO USER OR USER'S CLIENTS FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SERVICES PROVIDED HEREUNDER FOR DAMAGES OF ANY KIND. USER'S SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY OR ERROR SHALL BE TO REQUEST THAT SPONSOR CORRECT THE MATTER OR, IF NAPR FAILS TO DO SO, TO DISCONTINUE USE OF THE SERVICE AT USER'S OPTION.
NAPR DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF USER'S USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NAPR IS NOT RESPONSIBLE FOR THESE OR SIMILAR TYPE USER COSTS.
NAPR IS NOT A SEARCH OR RECRUITMENT FIRM AND DOES NOT MAKE ANY GUARANTEE AS TO THE SUCCESS OR OUTCOME THAT RESULTS FROM USER'S PARTICIPATION IN ANY NAPR PROGRAM OR SERVICE.
15. Force Majeure. NAPR shall not be liable for losses over which result from any occurrence over which it does not have control, including but not limited to: natural disasters, labor issues, equipment failure, telephone and related problems, unauthorized access or theft.
16. Other Rights. Nothing contained in this Agreement shall be construed as conferring by implication, estoppel or otherwise upon either party any license or other right except the licenses and rights expressly stated hereunder to that party.
17. No Waiver. No waiver of any term of these terms, conditions, and notices shall be deemed a further or continuing waiver of such term or any other term.
18. Binding Effect. The provisions of this Agreement shall inure to the benefit of and be binding on the parties hereto and their successors and assigns.
19. Construction. These terms, conditions, and notices shall be governed by the internal substantive laws of the State of Florida, and irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and venue for any action or dispute in the state and federal courts located in the State of Florida.
20. Jurisdiction. The parties agree that any and all court proceedings to enforce this Agreement shall be filed and heard in the state or federal courts located in Orange County, Florida, which courts shall have exclusive jurisdiction over such matters. The parties hereby waive the right to trial by jury.
21. Admissibility. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business records and documents originally generated and maintained in printed form.
22. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
23. Survival. The parties agree that termination of this Agreement does not operate to relieve User of its obligations under this Agreement.
24. Entire Agreement. These terms, conditions, and notices represent the entire agreement between User and NAPR, and its respective successors and assigns, and supersedes any and all prior understanding, statements or representations, whether electronic, oral or written, regarding NAPR and NAPR’s website.
National Association of Physician Recruiters
222 Southwest Altamonte Drive, Suite 101
Altamonte Springs, FL 32715