Terms of Use for Healthcare Professionals

EMEDICALSTAFFING.COM, LLC (THE "COMPANY") PROVIDES THIS WEBSITE (the "SITE") AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING CAREFULLY:

1. Services Provided by Company. You, as a health care professional that wishes to subscribe to the Site (the "Applicant") understand that the service the Company is providing to Applicant through the Site is a medium for Applicant to independently post information about himself or herself, his or her availability to take assignments from health care providers who subscribe to the Site ("Contractors" or a "Contractor") because they desire to find independent health care contractors to hire for specific assignments, the hours he or she is available to take an assignment, and the rate of pay he or she will require to receive for any assignment.
    
2. Information to be Provided by Applicant. Applicant understands that the information he or she has provided to Company on this Site is preliminary information required by the Company to receive a complete application packet (the "Application Packet") and that Applicant will receive this Application Packet after Applicant has signed up for the services on the Site.Applicant understands that he or she will not be provided access to the Site and related services prior to (i) the Company's receipt and review of the Application Packet and (ii) the Company's satisfaction that the application is complete and that the Applicant satisfies all criteria required to have access to the Site as such requirements are set forth in the Applicant Packet and these Terms of Use.
    
3. Verification of Certain Information by the Company. Applicant understands that the Company will independently verify certain information provided by Applicant and will use the information provided by Applicant on the Site and in the Application Packet to obtain consumer report and/or an investigative report that may include information as to Applicant's character, work habits, performance and experience along with reasons for termination of past employment. Applicant understands that the Company may be requesting information from public and private sources about court records (including criminal history), education, credentials, credit, and references. Applicant hereby authorizes, without reservation, any law enforcement agency, institution, information services bureau, school, employer, reference or insurance company contacted by the Company or its agent to furnish the information described above and in the Application Packet. Applicant hereby releases the Company and agents and all persons, agencies, and entities providing information or reports about the Applicant from any and all liability arising out of the requests for or release of any of the above mentioned reports.

   Applicant understands that such information will be used by the Company to determine whether Applicant will be permitted to have access to the Site and related services. Applicant understands and acknowledges that completing the preliminary information on this Site does not guarantee that the Company will approve Applicant's application to use the Site and that such determination will be at the sole discretion of the Company.

   The Fair Credit Reporting Act gives an Applicant specific rights in dealing with consumer reporting agencies. A copy of the summary of those rights can be accessed by clicking on the link below. Please also be advised that you have the right to request in writing within a reasonable time, that the Company make a complete and accurate disclosure of the nature and scope of the information requested in its investigative report. Such disclosure will be made to you within five days of the date on which the Company receives the request from the Applicant or within five days of the time the report was first requested.

   Applicant also understands that any information discovered by the Company relating to Applicant's criminal history and fingerprints provided by Applicant through the application process will be provided to the appropriate regulatory body which governs the Applicant's practice in each state in which Applicant is licensed. Applicant hereby consents to such information being provided to any such regulatory body.

   Applicant understands and agrees that Company will verify information submitted by Applicant every two years from the date Applicant submits information to the Company may at any time within that two year period verify that there has been no change to the information provided by Applicant.

   Any controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its applicable rules and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

4. Covenants of Applicant. Applicant agrees that (i) prior to being approved to use the Site and related Services by the Company; (ii) at all times Applicant uses the Site and its related services; and (iii) at all times Applicant is under contract by any client of the Company to provide services (each such client being referred to as a "Contractor"), Applicant will:
    
1. have in place and maintain professional liability insurance and be prepared to provide proof of such insurance at any time Applicant is requested to do so by the Company or any Contractor for which Applicant is providing services;
    
2. properly identify oneself at Contractor's facilities in the manner required by the policies of such Contractor and/or any applicable state or federal law;
    
3. comply with any patient or medical record confidentiality policies in place by the Contractor and in general maintain the confidentiality of all patient information and patient records that Applicant may gain access to during Applicant's service for any Contractor, which will include but shall not be limited to complying with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA");
    
4. comply with any and all laws, rules and regulations pertaining to the Applicant's profession and his or her provision of medical services of each jurisdiction in which Applicant is licensed, including, but not limited to, (i) to practice within the scope of practice under which Applicant is permitted to practice under his or her respective certifications; and (ii) to maintain Applicant's certification to administer CPR;
    
5. maintain active status of his or her license and continuously fulfill the licensure requirements in each state in which Applicant is intends to accept assignments from Contractors; and
    
6. comply with any and all policies or procedures or guidelines proscribed by any Contractor which Applicant agrees to provide services.
    
5. Acceptance of Assignment from Contractor. Applicant shall have the option to accept any bid for Applicant's services by any Contractor. Once Applicant accepts a bid from a Contractor on the Site, Applicant shall contact Contractor within two hours of acceptance of the bid at the phone number and address provided by the Contractor in the Contractor's profile on the Site. Applicant understands that the Company shall not be responsible for notifying the Contractor of Applicant's acceptance of any assignment.
    
6. Representations and Warranties of Applicant. Applicant represents and warrants to Company that:
    
1. all information Applicant has provided to Company on this site and is true and correct is not materially misleading and does not omit or fail to state or any material fact.Applicant agrees that he or she will provide accurate and truthful information in his or her Application Packet. Applicant agrees that if at any time such information fails to include any material facts or if there is any material change to any information previously provided to the Company, Applicant will provide supplemental information to the Company;
    
2. Applicant is certified to serve in the capacity that Applicant has stated in his or her profile on the Sitein each and every state in which he or she has represented he or she is licensed to practice and has no knowledge that he/she is under investigation by any regulatory body, that any grievances have been filed against Applicant, or that Applicant's license has been suspended or revoked.
    
7. Independent Contractor. Applicant understands and acknowledges that he/she is not an employee of the Company and is not an independent contractor of the Company. Applicant further understands that the Company's Site is to be used by Contractors to hire Applicants on an independent contractor basis and not as employees of any Contractor. Applicant understands that he or she is not entitled to any benefits which Contractor may make available to its employees such as group insurance, profit-sharing or retirement. Applicant understands he or she will be solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority with respect to fees received for any assignment. Applicant understands that Contractor (and the Company if the Company is engaged by a Contractor to administer payments to the Applicant) will not withhold on behalf of the Applicant any sums for income tax, unemployment insurance, social security, or any other withholding and that all such withholdings and benefits are Applicant's sole responsibility. Applicant will hold the Company and Contractor harmless from any and all loss or liability arising with respect to any such withholding or benefits. Applicant further understands that the Company is an independent contractor of each of the Contractors using the Site and except as may otherwise have been agreed to by the Company and Contractor, does not serve in any capacity as an agent for any Contractor.
    
8. Administration of Payment to Applicants. Applicant understands that Contractor may engage the Company to process payments to Applicant for the services performed by Applicant for Contractor.Applicant acknowledges and understands that any such engagement of Company by Contractor does not create any employment relationship between Company and Applicant and that Company is merely providing an administrative function for the Contractor. Applicant acknowledges and understands that Company does not have any discretion over the amount paid to Applicant and that the amount to be paid to Applicant by any Contractor is within the sole discretion of the Contractor. Furthermore, Applicant understands that it is the Contractor's sole obligation to provide payment to Applicant for services rendered and that any payment dispute regarding the amount paid or failure to pay for any services shall be solely between the Contractor and Applicant.
    
9. Payment. Applicant agrees that upon the acceptance of Applicant's application by the Company, he or she will pay Company a monthly fee as set forth on this Site to access the Site and related services. Applicant agrees that Company may terminate Applicant's use of the Site at any time after payment is not received within five (5) days of the scheduled payment date. Company may reinstate Applicant's access to the Site and related services after it is satisfied that Applicant is current on its payments. Company may increase such fee at any time and will provide notice to Applicant of such increase by posting the increase on the Site.
    
10. Company's Right to Terminate Service. Company shall have the right to immediately terminate Applicant's access to the Site and related services upon the occurrences any of the following events:
     
1. a breach by Applicant of any of the covenants set forth in Section 4 hereof;
    
2. a breach by Applicant of any of the representations and warranties set forth in Section 6 hereof;
    
3. any failure by Applicant to pay for services in accordance with Section 9 hereof; or
    
4. Company receives notice from any Contractor that Applicant failed to report to Contractor for any assignment which Applicant agreed to accept; or
    

The Company may but is not obligated to reinstate any Applicant's access to the Site if Applicant takes remedial measures with respect to any such event or cures any default.

11. Release of Liability. Applicant understands that the service that Company is providing to Applicant a medium for Applicant to post information about their availability to take assignments from Contractors, the hours he or she is available to take an assignment, and the rate of pay he or she will require to receive for any assignment. The Site may also include information posted by a Contractor about that Contractor. Company makes no representations or warranties about the accuracy of any information provided by any applicant or any Contractor on the Site. Information posted on the Site by any Contractor or Applicant has not been independently verified by the Company. Applicant hereby releases and forever waives and discharges and agrees to indemnify and hold harmless Company from any liability arising from or associated with (i) any information posted on the Site by the Applicant, any other applicant, any Contractor or any other person; (ii) any event or occurrence arising from such information, and (iii) any claims made by third parties against Applicant or the Company arising from such information.

    Applicant understands that the Site includes an option for users of the site to provide information about their work experiences with any Contractor or Applicant and allows the user to "score" that working relationship. Applicant understands and agrees that any such information is provided by third parties and not the Company and understands and agrees that such information is the expression of opinion of that user and is not that of the Company. Applicant hereby releases and forever waives and discharges and agrees to hold harmless the Company from any liability arising from or associated with such information, any event or occurrence arising from the posting of such information, any losses incurred by the Applicant relating to any such information, and any claims made by third parties against the Company arising from any such information posted by the Applicant.

    Applicant understands and agrees that the Company has used third parties to independently verify that the information provided by the Applicant to the Company is accurate. Applicant agrees and understands that the Company is relying on the information provided by the third party to assess whether Applicant may use the Site. Applicant hereby releases and forever waives and discharges and agrees to hold harmless the Company for any losses incurred by the Applicant relating to the denial by the Company of Applicant's use of the Site when such decision was based on information incorrect information received from that third party.

12. Copyright Notice. All pages within this Site are the property of the Company.No portion of the materials on these pages may be reprinted or republished in any form without the express written permission of the Company.
     
13. Trademark Notice. "eMedicalStaffing.com" and the eMedicalStaffing.com logo are trademarks and service marks of the Company.All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.
     
14. Warranty Disclaimer.

    THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.APPLICANT ASSUMES TOTAL RESPONSIBILITY AND RISK FOR ITS USE OF THIS SITE AND SITE-RELATED SERVICES.

    THE COMPANY AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. APPLICANT'S SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

    Although the Company attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform the Company so that it can be corrected.

15. Miscellaneous. This Agreement is entered into in the State of Texas and shall be governed by and construed in accordance with the laws of the State of Texas ,exclusive of its choice of law roles.Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Travis in the State of Texas, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

    This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. The Company may modify the terms of this Agreement by posting notice of such modification on a page of the Site entitled "Legal Notices" or "Legal Information" (or similar title) before the modification takes effect. 

16. Privacy Policy. The Company is committed to protecting the privacy of its customer's personal information.This statement applies with respect to the information that the Company collects from the Site eMedicalStaffing.com.Amendments to this statement will be posted at this URL and will be effective when posted.Applicant's continued use of this Site following the posting of any amendment, modification or change shall constitute Applicant's acceptance thereof.
     
1. Information Collected. The Company may collect non-personally identifiable information about you in a number of ways, The Company does not collect any personally identifiable information about the Applicant unless he or she voluntarily submits such information to the Company.
    
2. Use of Information. In general, the Company will only use the information the Applicant provides to the Company for the purpose for which such information was provided.
    
3. Use of IP Addresses. The Company uses the Applicant's IP Address to help diagnose problems with its server, and to administer the site.
    
4. Use of Cookies. When a user views the site the Company might store some information on that user's computer. This information will be in the form of a "cookie" or similar file. Cookies are small pieces of information stored on a hard drive, not on the Company's site.Cookies do not spy on a user or otherwise invade their privacy, and they cannot invade user's hard drive and steal information. Rather, they help a user navigate a Web site as easily as possible.The Company uses cookies to deliver content specific to user's interests and to prevent a user from reentering all your registration data at each connection.
    
5. Security. The Site has industry standard security measures in place to protect the loss, misuse and alteration of the information under the Company's control. While there is no such thing as "perfect security" on the Internet, the Company will take all reasonable steps to insure the safety of Applicant's personal information.
    
6. Other Web Sites; Links. The Site contains links to other Web sites.The Company is not responsible for the privacy practices or the content of such Web sites. The Company is not responsible for the use of information you post or otherwise make available in public areas.Applicant's data will be stored and processed in whole or in part in the United States.If at any time Applicant accesses eMedicalStaffing.com outside the United States, Applicant's usage of the Site constitutes consent to the transfer of data out of that country and to the United States. In an effort to provide an efficient and quick-use site for Applicant, the Company retains indefinitely all the information it gathers from Applicant.Applicant may terminate its use of the Site at any time, at which time, upon notice from Applicant that it is terminating its use of the Site, the Company will remove all copies of Applicant's information, except for an archival copy that is not available on the Internet.Applicant further acknowledges and agrees that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.This privacy policy may be revised as the need arises. Such changes will be immediately posted on the Site.

While the Company makes every attempt to limit access to information posted by applicants to Contractors, law enforcement, and national security agencies, the Company cannot guarantee that other parties will not gain access to the information on the Site. The Company is not responsible for the use of such information by third parties who access such information, nor is the Company responsible for the retention and use of such information that may have been retained and/or copied by any Contractor.

TERMS OF USE FOR HEALTHCARE ORGANIZATIONS

EMEDICALSTAFFING.COM, LLC (THE "COMPANY") PROVIDES THIS WEBSITE (the "SITE") AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING CAREFULLY:

1. Services Provided by Company. You, as a health care organization that desires to subscribe to the Site (the "Contractor"), understand that the Company is providing a very limited service of granting the Contractor access to information independently posted by health care professionals subscribing to this site (the "Applicant") about himself or herself, his or her availability to take assignments from health care providers who subscribe to the Site, the hours he or she is available to take an assignment, and the rate of pay he or she will require to receive for any assignment and providing a system in which Contractor may bid on Applicants that are available to take an assignment from Contractor at the times and rate of pay acceptable to the Contractor.
    
2. Information Provided by Applicant. Contractor understands that Company has independently verified through a third party Contractor that the information contained in each Applicant's profile (except work history and years of experience) on the Site is true and correct as of the date Applicant provided such information to the Company. The date that Applicant provided information to the Company is provided on each Applicant's profile. Company may, but is not obligated to, periodically verify the information included in each Applicant's profile. If the Company verifies such information at a later date, it will signify that date on the Applicant's profile. Contractor understands that except for the verification of the profile information, the Company makes no representations and warranties about Applicant including but not limited to any information regarding Applicant's work history, qualifications, skills, continuing education. Company has requested information from each Applicant to determine whether each Applicant meets certain eligibility requirements to receive access to the Site; however, except with respect to the information contained in the Applicant's profile on the Site, Company will not provide any such information to Contractor regarding any Applicant at any time. Company has not reviewed any policies of Contractor or any qualification requirements that Contractor uses to independently determine eligibility for any position with Contractor. The Company makes no representations and warranties that any Applicant meets any qualifications of Contractor. It is Contractor’s sole responsibility to assure itself that any Applicant is suited to work for Contractor as an independent contractor and that Applicant meets all the requirements to work at any of Contractor’s facilities.
    
3. Contracting with an Applicant.
    
1. Independent Contractor. Contractor understands and acknowledges that each Applicant is not an employee of the Company and is not an independent contractor of the Company. Contractor further understands that the Company's Site is to be used by Contractors to hire Applicants on an independent contractor basis and not as employees of any Contractor. Contractor further understands that the Company is an independent contractor of Contractor and does not serve in any capacity as an agent for Contractor unless the Contractor has independently engaged Company to process payments for Applicants. This Agreement does not create any partnership or joint venture between Contractor and the Company.
    
2. Terms of Contract with Applicant. Contractor understands that Company has no discretion in determining any terms of any contract between Contractor and any Applicant for any assignment. Contractor understands and acknowledges that the rate of pay for each Applicant is determined solely by each Applicant and posted on the Site solely by each Applicant.
    
3. Contracting with an Applicant. Contractor understands and acknowledges that Company is not responsible for coordinating any communication between Contractor and any Applicant selected by Contractor and that it is Applicant's sole obligation to contact Contractor once the Applicant accepts Contractor's bid. Likewise, Company has no responsibility for insuring that any Applicant completes any assignment which Contractor fills with an Applicant and shall have no liability to Contractor for any loss incurred by Contractor because an applicant fails to report for or complete any assignment.

   Contractor agrees and understands that Contractor is solely responsible for making payments to Applicant for any services performed by Applicant for Contractor. Contractor may engage Company to process payments to Applicants; however, such engagement will not relieve Contractor of its obligation to pay Applicant for services in a time and manner as agreed to by Applicant and Contractor. Contractor shall indemnify and hold harmless Company from any claims or losses related to Contractor's failure to make payments to Applicant and agrees that any payment dispute regarding the amount paid to an Applicant or failure of Contractor to pay shall be solely between the Applicant and Contractor.

4. Payment. Contractor agrees that it will pay Company monthly fee in an amount set forth on the Site no later than the 1st day of each month to access the Site and related services. Payment for usage fees accrued will be due each Friday before 12 noon. Contractor agrees that Company may terminate Contractor's use of the Site at any time after payment is not received within 5 days of the scheduled payment date. Company may reinstate Contractor's access to the Site and related services after it is satisfied that Contractor is current on its payments. Company may increase such fee at any time and will provide notice to Contractor of such increase by posting the increased fee on the Site.
    
5. Covenants of Contractor. Contractor agrees that (i) prior to being granted access to the Site and related Services by the Company; (ii) at all times Contractor uses the Site and its related services; and (iii) at all times Contractor has contracted with any Applicant, Contractor will:
   
1. only contact Applicant for those assignments which it intends to fill with users of the Site and which can be filled by an independent contractor; and
    
2. not use the Site and the information provided on the site regarding Applicants to solicit Applicants for full-time or part-time employment with Contractor at any of its facilities;

Contractor understands and agrees that it is using the Site to hire Applicants on an independent contractor basis. The Company understands that in the course of the Contractor's use of the Site, it may have the opportunity to work with an Applicant that the Contractor would like to hire as an employee on full time basis. Contractor understands and agrees that the Company has provided a valuable service to the Contractor by providing the means to introduce Contractor to that Applicant and agrees to pay the Company a fee of $10,000 for any Applicant it offers full time employment and who accepts.

6. Representations and Warranties of Applicant. Applicant represents and warrants to Company that:
    
1. is an entity duly formed, in existence, and in good standing in the state in which it is organized and has full power and authority to enter into an agreement with an Applicant for Applicant’s services; and
    
2. all information Contractor has provided to Company on this site or in any other manner and is true and correct is not materially misleading and does not omit or fail to state or any material fact.
    
7. Company's Right to Terminate Service. Company shall have the right to immediately terminate Contractor's access to the Site and related services upon the occurrences any of the following events:
    
1. a breach by Applicant of any of the covenants set forth in Section 4 hereof;
    
2. a breach by Applicant of any of the representations and warranties set forth in Section 6 hereof;
    
3. any failure by Applicant to pay for services in accordance with Section 4 hereof; or
    
4. Company receives notice from any Applicant that Contractor failed to remit payment to any Applicant for any assignment which Applicant completed and to which Contractor cannot provide a reasonable explanation.

Company may but is not obligated to reinstate Contractor's access to the Site if Applicant takes remedial measures with respect to any such event or if Contractor becoming current on any payment obligations to the Company to Company's satisfaction.

8. Release of Liability. Contractor understands that the service that Company is providing to Applicants is a medium for an Applicant to post information about their availability to take assignments from Contractors, the hours he or she is available to take an assignment, and the rate of pay he or she will require to receive for any assignment. The Site may also include information posted by a contractor about that contractor. Company makes no representations or warranties about the accuracy of any information provided by any Applicant or any contractor on the Site. Information posted on the Site by any contractor or Applicant has not been independently verified by the Company. Applicant hereby releases and forever waives and discharges and agrees to indemnify and hold harmless Company from any liability arising from or associated with (i) any information posted on the Site by the Contractor, any applicant, or any other person; (ii) any event or occurrence arising from such, and (iii) any claims made by third parties against the Contractor or the Company arising from such information.

   Contractor understands that the Site includes an option for users of the site to provide information about their work experiences with any Contractor or Applicant and allows the user to "score" that working relationship. Contractor understands and agrees that any such information is provided by third parties and not the Company and understands and agrees that such information is the expression of the opinion of that user and is not that of the Company. Contractor hereby releases and forever waives and discharges and agrees to hold harmless the Company from any liability arising from or associated with such information, any event or occurrence arising from the posting of such information, and any claims made by third parties against the Company arising from any such information posted by the Contractor or any Applicant.

   Contractor understands and agrees that the Company has used third parties to independently verify that the information provided by the Applicant and posted on the Applicant's profile (except for work history and years of experience) is accurate as of the date Applicant submitted that information to the Company. Applicant agrees and understands that the Company is relying on the services of a third party to verify such information. Contractor hereby releases and forever waives and discharges and agrees to hold harmless the Company for any claims or losses resulting from any inaccurate information posted on the Site about any Applicant which was incorrectly verified by that third party.

   Contractor further understands that each Applicant is a professional and will use its own professional judgment to make decisions while working for any Contractor or other health care organization. Contractor hereby releases and forever waives and discharges the Company and agrees to hold harmless the Company for any claims made against Contractor and any losses incurred by Contractor which is related to any conduct, acts, or omissions of any Applicant related to or arising out of Contractor's engagement of that Applicant for any assignment or related to ay conduct, acts, or omissions of Applicant while performing services for any other health care facility.

   Any controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its applicable rules and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

9. Copyright Notice. All pages within this Site are the property of the Company.No portion of the materials on these pages may be reprinted or republished in any form without the express written permission of the Company.
    
10. Trademark Notice. eMedicalStaffing.com and the eMedicalStaffing.com logo are trademarks and service marks of the Company.All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.
     
11. Warranty Disclaimer.

    THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.APPLICANT ASSUMES TOTAL RESPONSIBILITY AND RISK FOR ITS USE OF THIS SITE AND SITE-RELATED SERVICES.

    THE COMPANY AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. APPLICANT'S SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

    Although the Company attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform the Company so that it can be corrected.

12. Miscellaneous. This Agreement is entered into in the State of Texas and shall be governed by and construed in accordance with the laws of the State of Texas ,exclusive of its choice of law roles.Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Travis in the State of Texas, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

    This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. The Company may modify the terms of this Agreement by posting notice of such modification on a page of the Site entitled "Legal Notices" or "Legal Information" (or similar title) before the modification takes effect.

13. Privacy Policy. The Company is committed to protecting the privacy of its customer's personal information.This statement applies with respect to the information that the Company collects from the Site eMedicalStaffing.com.Amendments to this statement will be posted at this URL and will be effective when posted.Applicant's continued use of this Site following the posting of any amendment, modification or change shall constitute Applicant's acceptance thereof.
     
1. Information Collected. The Company collects non-personally identifiable information about its users in a number of ways. The Company does not collect any personally identifiable information about its usersunless it voluntarily submits such information to the Company.
    
2. Use of Information. In general, the Company will only use the information provided by its users for the purpose for which such information was provided.
    
3. Use of IP Addresses. The Company uses a user's IP Address to help diagnose problems with its server, and to administer the Site.
    
4. Use of Cookies. When a user views the Site it might store some information on the user's computer. This information will be in the form of a "cookie" or similar file. Cookies are small pieces of information stored on the user's hard drive, not on the Company's site. Cookies do not spy on the user or otherwise invade their privacy, and cookies cannot invade a user's hard drive and steal information. Rather, cookies help a user navigate a Web site as easily as possible.The Company uses cookies to deliver content specific to the user's interests.
    
5. Security. The Site has industry standard security measures in place to protect the loss, misuse and alteration of the information under the Company's control. While there is no such thing as "perfect security" on the Internet, the Company will take all reasonable steps to insure the safety of Applicant's personal information.
    
6. Other Web Sites; Links. The Site contains links to other Web sites.The Company is not responsible for the privacy practices or the content of such Web sites. The Company is not responsible for the use of information you post or otherwise make available in public areas.Contractor's data will be stored and processed in whole or in part in the United States.If at any time Contractor accesses eMedicalStaffing.com outside the United States, Contractor's usage of the Site constitutes consent to the transfer of data out of that country and to the United States. In an effort to provide an efficient and quick-use site for Contractor, the Company retains indefinitely all the information it gathers from Contractor.Contractor may terminate its use of the Site at any time, at which time, upon notice from Contractor that it is terminating its use of the Site, the Company will remove all copies of Contractor's information, except for an archival copy that is not available on the Internet.Contractor further acknowledges and agrees that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.This privacy policy may be revised as the need arises. Such changes will be immediately posted on the Site.

While the Company makes every attempt to limit access to information posted by the Contractor to applicants, law enforcement, and national security agencies, the Company cannot guarantee that other parties will not gain access to the information on the Site. The Company is not responsible for the use of such information by third parties who access such information nor is the Company responsible for the retention and use of such information that may have been retained and/or copied by any Contractor.