The Platform is provided by Us to You in order to provide information on staffing, recruitment, available positions, and available candidates in the field of healthcare, and to permit You to submit an application for a position (as a job seeker) or to search for available candidates (as an employer) (Your use of the site for these purposes is referred to in this Agreement as a “Permitted Use”). You may access the Platform for a Permitted Use at such times that it is made available by Us.
You shall not be entitled to in any way sublicense, assign, or transfer Your rights and/or obligations under this Agreement.
The Platform is a service which is provided to You by Us, but not sold to You, in exchange for your agreement and consent to be bound by the terms and conditions in this Agreement. Please review this Agreement carefully before using the Platform. All content of the Platform remains Our sole property, and in no event shall You use the Platform for any purpose other than a “Permitted Use” as described above. In no event shall any use of the Platform by You which breaches our intellectual property rights, whether intentional or inadvertent, or which otherwise violates this Agreement, be treated as a Permitted Use. We reserve the right to restrict access to, or availability of, the Platform at all times, to You or to any other user, including, but not limited to, in cases where You or any user is suspected of using the Platform for a purpose other than a Permitted Use.
We may, in Our discretion, sublicense or assign Our rights and/or obligations under this Agreement to any third party at any time.
In no event shall any failure by Us to enforce any provision of this Agreement be deemed a waiver of such provision or of any of the other terms of this Agreement.
Disclaimer or Warranties and Limitation of Liability
DISCLAIMER OR WARRANTIES AND LIMITATION OF LIABILITY
WE SHALL DELIVER THE PLATFORM “AS IS” AND “AS AVAILABLE,” AND WE SHALL INCUR NO LIABILITY FOR ANY DAMAGES CAUSED BY AN INTERRUPTION IN THE PLATFORM. WE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE PLATFORM PROVIDED HEREUNDER, THE AVAILABILITY OF THE PLATFORM, AND/OR ANY CONTENT POSTED ON THE PLATFORM BY US OR BY A USER. FURTHER, WE MAKE NO GUARANTEES RELATING TO ACCESSIBILITY OF THE PLATFORM, OR COMPATIBILITY OF THE PLATFORM WITH YOUR CURRENT HARDWARE AND/OR SOFTWARE.
WE SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE PLATFORM, OR ACCESS TO THE PLATFORM, HOWEVER CAUSED AND ARISING UNDER ANY THEORY OF LIABILITY INCLUDING CONTRACT, STRICT LIABILITY, AND/OR TORT, EVEN WHERE WE HAVE BEEN ADVISED BY YOU OF THE POSSIBILITY OF SUCH DAMAGES OR WHERE THE NATURE OF SUCH DAMAGES CAN BE REASONABLY FORESEEN BY US. YOU ACKNOWLEDGE THAT WE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THIS LIMITATION ON LIABILITY. IN THE EVENT THAT THIS LIMITATION ON LIABILITY IS UNENFORCEABLE FOR ANY REASON IN ANY JURISDICTION, OUR LIABILITY FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES CONTEMPLATED HEREIN SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH JURISDICTION.
This Agreement shall be governed by the laws of the State of Colorado (without regard to its conflict of laws provisions that would require the application of the laws of a jurisdiction other than the State of Colorado). By entering into this Agreement, You irrevocably consent to venue and jurisdiction on the state and federal courts in the county of Arapahoe, State of Colorado.