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2010/09/05 - 14:04:29
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Terms of Service



1. ACCEPTANCE OF TERMS
VITALNURSE.COM is an online world-wide job and candidate database for nursing and medical institutions. VITALNURSE.COM, doing business as E-MOTION SYSTEMS CORPORATION, (hereafter "VITALNURSE.COM"), provides the Services subject to the terms and conditions set forth in this Terms Of Service ("TOS"). By completing the registration process and clicking the "accept" button, you are indicating your agreement to be bound by all of the terms and conditions of the TOS.

2. CUSTOMER INFORMATION
Any information that you provide to VITALNURSE.COM, together with information regarding the manner in which you use VITALNURSE.COM, will not be processed or disclosed except as permitted by this Agreement. By becoming a subscriber, you agree that VITALNURSE.COM may share with other parties both aggregate information and limited individual information gathered during your use of VITALNURSE.COM. "Aggregate information" is information that describes the habits, usage patterns and/or demographics of Customers as a group but does not indicate the identity of particular Customers. "Individual information" is information about a Customer presented in a form distinguishable from information relating to other Customers but not in a form that enables the recipient to personally identify any Customer. Please read our entire privacy policy for complete details.

3. OWNERSHIP AND CONTENT
VITALNURSE.COM and/or its suppliers wholly own all articles, illustrations, programs, services, processes, designs, software, technologies, trademarks, trade names, inventions, and materials comprising VITALNURSE.COM and its network of sites.

4. PRIVACY POLICY
See the Privacy Policy for information on VITALNURSE.COM policies regarding user information.

5. ACCEPTABLE USE
VITALNURSE.COM reserves the right to revoke without refund or notice any services or access from VITALNURSE.COM, in VITALNURSE.COM's judgement, has been used for the following activities (but not limited to):

-Transmitting Unsolicited Commercial Email (UCE)
-Transmitting Bulk Email
-Posting Bulk Usenet Articles
-Denial of Service Attacks Of Any Kind
-Copyright Infringement
-Misrepresentation

6. CUSTOMER CONDUCT
Customer is solely responsible for the contents of his/her usage of Service. Customer's use of the Service is subject to all applicable local, state, national, and international laws and regulations. Customer agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the service; (2) not to use the Service for illegal purposes; (3) not to interfere with or disrupt networks connected to the Service; and (4) to comply with all regulations, policies, and procedures of networks connected to the Service. The Service makes use of the Internet's DNS protocol to create and delegate domains; therefore, Customer's conduct is subject to Internet regulations, policies, and procedures. Customer will not use the Service for illegal software, pornography, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Customer agrees not to transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Customer further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. Customer shall not interfere with another Customer's use and enjoyment of the Service or another entity's use and enjoyment of similar services. VITALNURSE.COM may, at its sole discretion, immediately terminate Service should Customer's conduct fail to conform with these terms and conditions of the TOS.

7. INDEMNIFICATION
Customer agrees to indemnify and hold VITALNURSE.COM harmless from any dispute that may arise from a breach of terms of this Agreement. Customer agrees to hold VITALNURSE.COM harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Customer's violation of this Agreement, including the Rules of Conduct or any information, software or other content placed on the Service by Customer.

8. TERMINATION OF SERVICE
Customer may terminate this Agreement and User's right to use the Service by contacting VITALNURSE.COM as indicated above. VITALNURSE.COM may terminate your account or access rights to this Service at any time, without notice or refund, for conduct that VITALNURSE.COM believes violates this Agreement or other policies or guidelines that VITALNURSE.COM has posted on a VITALNURSE.COM service. VITALNURSE.COM may terminate your account or access rights to this Service for online conduct that VITALNURSE.COM believes is harmful to other Customers, to VITALNURSE.COM's business, or to other information providers.

9. CHOICE OF LAW
This Agreement shall be construed and controlled by U.S. laws in the State of Maryland. Further, any dispute arising from the terms of this Agreement or a breach of this Agreement will be governed by U.S. laws in the State of Maryland. Customer agrees to personal jurisdiction by the state and federal courts sitting in the State of Maryland.

10. MERGER CLAUSE
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between VITALNURSE.COM representatives and Customer. VITALNURSE.COM may amend or modify this Agreement or impose new conditions at any time upon notice from VITALNURSE.COM to Customer as published through the Service. Any use of the Service by Customer after such notice shall be deemed to constitute acceptance by Customer of such amendments, modifications or new conditions

11. NO RESALE OF THIS SERVICE
Customer's right to use the Service is personal to Customer. Customer agrees not to resell or make any commercial use of the Service without the express consent of VITALNURSE.COM.


12. Limitation Of Liability And Warranty
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN RISK. VITALNURSE.COM'S SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE VITALNURSE.COM SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, VITALNURSE.COM DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR 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, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT VITALNURSE.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.

NEITHER VITALNURSE.COM NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE. CUSTOMER AGREES THAT VITALNURSE.COM WILL NOT BE LIABLE FOR ANY LOSS OF OR USE OF CUSTOMER'S DOMAIN NAME, OR FOR INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.

13. FEES, PAYMENT AND TERM OF SERVICE.
As consideration for the services you have selected, you agree to pay VITALNURSE.COM the applicable service(s) fees set forth on our Web site at the time of your selection. All fees are due immediately and are non-refundable. VITALNURSE.COM may take all remedies available to collect fees owed.

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