TERMS OF SERVICE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES PROVIDED BY LOCUMJOBSONLINE. PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR LEGAL RIGHTS. PLEASE SEE SECTION 1.5 FOR MORE DETAILS.
BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT, AS AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, THEN YOU CANNOT USE THE SERVICES.
1.0 Existence of Contract; Mandatory Arbitration.
1.1 Agreement. These Terms of Service (the "Agreement" or "Terms") constitute a binding agreement between Track5Media, LLC and its affiliates and subsidiaries (collectively, “LocumJobsOnline”, "Company", "we", "us" or "our"), and users ("you" or "your"). The Agreement governs all information, data, graphics, content, software applications, downloadable or otherwise, or other Company services provided on or through its websites, which include, but are not limited to, LocumJobsOnline.com and www.trackfive.com (the "Site(s)"), and your use of and access to our services offered on the Sites (collectively, the "Service(s)").
1.3 Amendment. We reserve the right to modify or replace these Terms at any time in our sole discretion. If the changes are significant, we will notify you. Any changes will be effective upon posting the revised version of these Terms on the Services (or such later effective date as may be indicated at the top of the revised Terms). Your continued access or use of any portion of the Services constitutes your acceptance of such changes.
1.4 Customer Service. We take customer service seriously. We encourage you to seek resolution of any issue by first contacting us at [email protected].
2.0 Use of the Service
2.1 Must be 18 years old. You may not access the Services if you are under the age of 18 years. You represent and warrant that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.
2.2 Consent to Electronic Communications. You agree that the Services may include certain communications such as service announcements or administrative messages, and that these communications are considered part of your Services and you will not be able to opt-out of receiving them. You also agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2.3 Consent for Promotions; Opt-out. Company may also send you promotional offers and news about Company and/or the Services, which you can opt-out from receiving by following the instructions on the promotional messages or by emailing us at [email protected].
2.4 Limitations on Use.
- You agree to use the Services only for lawful purposes and for their intended purposes. You may not impersonate any person or entity or misrepresent your affiliation with a person or entity.
- The content available on the Services is provided solely for your personal use and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Services. You may not use any network monitoring or discovery software to determine the Services' architecture, or extract information about usage, individual identities, or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Services without our prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit, or public purposes all or any portion of the Services, except to the extent permitted above.
- You may not use or otherwise export or re-export the Services or any portion thereof, or any software available on or through the Services in violation of the export control laws and regulations of the United States of America.
- You may not take any action or upload any content that violates, misappropriates, or infringes upon the rights of others in any way, including any patents, copyrights, trademarks, trade secrets, rights of privacy, rights of publicity, or moral rights of any third party.
- You may not use the Services to collect any personally identifiable information, including profile names, email addresses, or other such information for commercial purposes or for any purpose prohibited by applicable laws or regulations.
- You may not use this Service in any jurisdiction that does not give effect to all provisions of this Agreement.
- You may not use the Services in any manner that could damage, disable, overburden or impair the Services or any server or other hardware associated with the Services; disobey any requirements, procedures, policies, or regulations of networks connected to the Services; interfere with any other party's use and enjoyment of the Services; frame or utilize framing techniques to display content from a source other than the Services; use any Company-owned mark or product name as a meta-tag or other 'hidden text' for search engines in a manner that does not inure to the benefit of Company.
2.5 Impermissible Activity. We reserve the right, in our sole discretion, to investigate complaints, violations of our Terms and any potential violations of applicable law. We may take any action we deem appropriate including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information. If you encounter any prohibited content, material or other potential violations on the Services, you should be immediately report such content or violations to .
2.6 Right to Suspend or Terminate Use. We may also suspend and prohibit use of the Services if we believe a user is violating these Terms or otherwise engaging in or attempting to engage in unlawful activities through the Services. We also reserve the right, to temporarily suspend your access to the Services at any time, in our sole discretion, with or without cause, and with or without notice.
2.7 Service Disclaimer and Release. OUR SITE AND SERVICE IS NOT AN EMPLOYMENT SERVICE. WE DO NOT ACT AS AN EMPLOYMENT AGENT AND CANNOT GUARANTEE ANY RESULTS OR EMPLOYMENT. WE DO NOT OWN, MANAGE, OR CONTROL JOB LISTINGS OR HIRINGS, WHICH ARE PROVIDED BY THIRD PARTIES. OUR SITE ACTS MERELY AS A VENUE FOR USERS TO FIND INFORMATION REGARDING POTENTIAL JOB OPENINGS. IF YOU SEARCH FOR OR APPLY TO A JOB, YOUR INFORMATION WILL BE FORWARDED TO THE THIRD PARTY OR PARTIES OFFERING THE JOB. YOU ASSUME ALL RISKS OF USING THE SITE AND THE SERVICES. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING ANY JOB OFFER OR LISTING. YOU AGREE TO RELEASE LOCUMJOBSONLINE AND OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE AND SERVICE.
3.0 Requirements for Use of Services; Limitations.
3.1 Compatibility. Use of the Services may require compatible devices (e.g., personal computer, mobile phone, tablets, and other consumer electronic devices), Internet access or Wi-Fi, certain software, and wireless plan with necessary wireless data features; may require periodic updates; and may be affected by the performance of these factors. You are responsible for paying all wireless charges and for all equipment and other third-party services you use to access our Services.
3.2 Registration. Use of the Services may require you to register.
- If registration is requested, you agree to provide us with accurate, complete registration information. Each registration is for a single user only. It is prohibited for you to permit (a) any other person to use the registered sections under your name, or (b) access through a single name to multiple users on a network.
- If there are any changes to that information or if you believe there has been unauthorized use of your account, then you shall immediately notify us by emailing ,[email protected].
- We expressly disclaim any and all liability in connection with the registration, maintenance and security of your registration.
- You agree to maintain the confidentiality of your password; if you wish to change your password or believe it has been compromised please follow the instructions to recover your password, as provided through the Services, or by emailing ,[email protected].
3.3 Availability of the Services. Company does not guarantee availability of the Services, shall not have any liability to you for any unavailability of the Services, and is under no obligation to provide you with maintenance, technical support or updates for the Services unless expressly provided in conjunction with your plan type. To the extent you choose to access and use the Services, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, any applicable local laws.
3.4 Services Updates and Modifications. Company reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates, or enhancements to the Services at any time. We may add or remove functionalities or features, and we may suspend or stop the Services altogether. We reserve the right to alter, update, or remove our Site or Service or your access from it at any time, or demand that you do so. We may conduct such modifications to our Service for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service for security, legal, or other purposes.
3.6 Relationship. This Agreement and any registration for or use of the Site and Service will not be construed as creating or implying any relationship of agency, franchise, partnership, or joint venture between you and LocumJobsOnline, except and solely to the extent expressly stated in this Agreement.
4.0 Intellectual Property Rights.
4.1. Company Rights. Company shall retain ownership in and to the Services and all copyrights, trademarks, service marks and other intellectual property rights associated therewith. You shall not take any action that is inconsistent with our ownership of the Services. You further acknowledge and agree that nothing in this Agreement and no use of the Services shall cause to vest or be construed to vest in you, any right, title, or interest in or to the Services other than the express right to use the Services solely in accordance with the terms and conditions of this Agreement. Subject to your strict compliance with these Terms and all applicable laws, Company grants you a non-exclusive, non-transferable, revocable, limited license to use the Site.
4.2 Copyright Takedown Notice. We take copyright and trademark infringement very seriously. If you believe that your copyright or trademark has been infringed via our Site or service, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our agent: [email protected].
5.0 Indemnification; No Warranty; Limitation of Liability
5.1 Indemnification. You are solely liable for any content or other information you transmit, provide, or upload to the Services. You agree to indemnify, defend, and hold harmless Company and its affiliates from any third party claim, action, demand, loss, or damages (including attorney's fees and costs) arising out of or relating to (a) your violation of any term of these Terms or any applicable law, (b) your use of or access to the Site or Services, (c) your violation of any rights of a third party, including without limitation any property or privacy right, (d) your account, and (e) your User Content.
5.2. Warranty Disclaimer. THE SITE AND SERVICE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER LOCUMJOBSONLINE NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE, SITE, OR ANY ACTIONS BY A THIRD PARTY; (B) ANY USER CONTENT OR THIRD-PARTY CONTENT; (C) OUR CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO LOCUMJOBSONLINE OR VIA THE SERVICE. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND COMPANY SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THIS AGREEMENT. WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES AS SET FORTH ABOVE IN A PARTICULAR CIRCUMSTANCE, THEN COMPANY SHALL BE ENTITLED TO THE BENEFIT OF SUCH DISCLAIMERS AND LIMITATIONS TO THE EXTENT PERMITTED BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE.
5.3 Limitation of Liability. IN NO EVENT SHALL LOCUMJOBSONLINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM USER CONTENT, ANY ACTION OR INACTION BY YOU OR ANY THIRD PARTY (INCLUDING REGARDING THIRD-PARTY JOB LISTINGS, JOB OFFERS, OR HIRING), OR (I) YOUR USE OR INABILITY TO USE THE SITE OR OUR SERVICES OR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICE, (III) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY FAILURE OF ANY THIRD-PARTY INFORMATION LISTED ON OUR SITE AND SERVICE, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL, (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, OR (VII) ANY ERRORS OR OMISSIONS IN OUR SITE OR SERVICE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IF SUCH LIMITATION IS NOT PERMITTED IN YOUR JURISDICTION, YOU AGREE OUR MAXIMUM LIABILITY TO YOU SHALL NOT EXCEED $100 USD. For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees, or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
5.4 California Residents. Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Company must be sent to our agent for notice at: [email protected]. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
6.1 Third-Party Rights. The provisions of these Terms are for the benefit of Company and any third-party information providers to the Services. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on his, her, or its own behalf.
6.2 Dispute with Third Parties. You agree that if you take legal action against a third party, such as an employer or marketer who purchases information from us, in relation to Company’s services or the information provided by yourself to Company, that you will bring the dispute against them in accordance with the arbitration provisions listed in this Agreement, to the extent permitted by applicable law. This is because in such cases one or more party may find it necessary to subpoena or summon Company as a witness, and we believe it to be most cost-effective for us and neutral to the parties involved if such a dispute is brought according to the same rules as those which would be applied to disputes with Company.
6.3 Governing Law. This Agreement is governed by the laws of the Commonwealth of Pennsylvania, U.S.A., without regard to the conflicts of law principles thereof.
6.5 Severability. If any provision of this Agreement is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall be ineffective in that jurisdiction and the remaining provisions of this Agreement shall continue in full force and effect.
6.6 No Construction Against Drafter. The terms of this Agreement shall not be construed against Company by virtue of its having drafted them. If you do not agree to be bound by these Terms, you should not use the Site or Services.
6.7 Survival. In the event of the termination of this Agreement, any obligation of yours, which must by its nature survive such expiration or termination in order to be given full effect, shall survive such expiration or termination. In any event, all of Company's rights under this Agreement shall survive any termination of this Agreement.
6.8 No Third Party Beneficiaries. Except as expressly stated herein, nothing in this Agreement is intended to confer on any third party (whether referred to in the Agreement by name, class, description, or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of this Agreement, except as expressly contemplated in this Agreement.
6.9 Shortened Statute of Limitations. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
6.10 No Assignments or Transfers. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without Company's prior written consent (in its sole discretion), and any attempt by you to do so in violation hereof will be void and ineffective. Company and its affiliates may assign their respective rights and obligations under this Agreement (in whole or in part) without your consent or notice to you.
Last Updated: February 24, 2020