Terms of Service for AMN Healthcare

1. Introduction

The purpose of the AMN Healthcare site is to provide online resources to potential and current clients, and job information to prospective healthcare professionals. For both your protection and ours, we have established the following terms of use which we expect all our clients, job seekers, employees, and other visitors, whether registered or not, to follow while on our Site. We may revise and update these terms of use at any time without notice to you, please check them regularly. Please note that from time to time in this agreement we will refer to (i) ourselves as "AMN Healthcare" "we" and/or "the Company;" (ii) clients, job seekers, current employees, and other visitors as "you" and or a "user;" and (iii) our Site as the "Site" or the "AMN Healthcare Site." The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of all AMN Healthcare Sites, including any content, functionality, and services offered on or through the Sites, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Site. By using the Site or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at AMN Privacy Policy | AMN Healthcare, incorporated herein by reference. If you do not want to agree to this Terms of Use or the Privacy Policy, you must not access or use the Website.

2. Authorized Use of Site

Purpose. The AMN Healthcare Site is intended to be used for lawful purposes only and by individuals age 18 or over seeking employment and/or career information and AMN Healthcare employees.

License. For the purposes set forth above, the Company grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the contents of and services on the AMN Healthcare Site. Unauthorized copying or duplication of the content, including but not limited to text, graphics, sounds, images, logos, button icons, videos and software that has been modified, merged and/or included on the Site and/or any compilation thereof (the "Content") in any manner is expressly forbidden. You acknowledge that you may not sub license, transfer, sell or assign this license or the services received thereunder. Any attempt to sub license, transfer, sell or assign this license is null and void.

Access. We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

3. User Prohibitions

Agency restrictions. Some groups may not be permitted to utilize the services of AMN Healthcare, such as competing healthcare staffing agencies, recruitment organizations, and travel companies who are not members of the AMN Healthcare family. Utilization of this service is at the discretion of AMN Healthcare staff.

Restricted Areas. Unauthorized access to registered areas of the Site by non-registered users is prohibited. If you have a password allowing access to a non-public area of this Site, you may not disclose or share your password with any third parties or use your password for any unauthorized purpose.

No Illegal Use of Site. Users may not use the AMN Healthcare Site to transmit, distribute, store or destroy Content (a) in violation of any applicable federal, state, local, or international law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, (c) that is defamatory, obscene, threatening, abusive or hateful, or (d) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability

No Interference with Security. Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

4. Specific Prohibited Uses

The Company specifically prohibits any use of the Site (and all users agree not to use the Site) for any of the following:
• Deleting or revising any content posted by any other person or entity without permission from the user who posted such content.
• Taking any action that imposes an unreasonable or disproportionately large load on this Site's infrastructure.
• Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.
• Aggregating, copying or duplicating in any manner any of the Content or information available from this Site.
• Framing of or linking to any of the Content or information available from this Site.

Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from the Company on this Site and other than generally available third party Web browsers (e.g., Microsoft Internet Explorer, Google Chrome, Firefox Mozilla).

5. User Information, Registration and Passwords

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our AMN Privacy Policy | AMN Healthcare, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

6. User Submissions

The Site may contain message boards, chat features, personal web pages or profiles, forums, bulletin boards, and other interactive features collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Submissions") on or through the Website.

All User Submissions must comply with these Terms of Use.

Responsible Posting. As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Site you agree not to, do the following things:
• Post any incomplete, false or inaccurate biographical information or information which is not your own accurate resume.
• Post any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity, which requires an upfront or periodic payment, pays commissions only requires recruitment of other members, sub-distributors or sub-agents.
• Post Content that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it.
• Post Content that reveals trade secrets, unless you own them or have the permission of the owner.
• Post Content that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others.
• Post Content that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity.
• Post any type of inappropriate and/or sexually explicit language statement.
• Post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post Content that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or information.
• Post any hyperlinks to pages from the AMN Healthcare Site. The Company reserves the right to disable any hyperlinks when posted on the AMN Healthcare Site.

License from User. Any User Submission you post to the site will be considered non-confidential and non-proprietary. By submitting any form of content (graphic, text, audiovisual, sound, etc.) to any public or non-public area of the AMN Healthcare Site, you grant the Company and its affiliates the royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Site retains any and all rights that may exist in such content. You acknowledge that if you participate in the AMN Healthcare online community information about you, including your name and the photograph associated with your profile, may be seen by other users. AMN Healthcare cannot guarantee that other users will not use the ideas and information that you share on the AMN Healthcare site. Therefore, you should not share information that you wish to keep private or confidential.

You understand and acknowledge that you are responsible for any User Submissions you submit or contribute, and you, not AMN Healthcare, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
AMN HEALTHCARE IS NOT LIABLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION THAT POSTED ON THE SITE.

7. Ownership

The Content on the AMN Healthcare Site is protected under United States copyright, trademark and/or other laws and is the property of the Company and/or its content suppliers or clients. Unauthorized use of the Content may violate copyright, trademark, and other laws. You may not sell or modify the Content or reproduce, display, distribute, or otherwise use the Content in any way for any public or commercial purpose, including but not restricted to the adaptation of the HTML code that the Company creates to generate its pages. You shall not display, disparage, dilute, or taint our service mark or use any confusingly similar marks or use our mark in such a way that would misrepresent who the proper owner of such mark is. Any permitted use of our service mark by you shall inure to our benefit.

The Company name, trademarked terms, AMN Healthcare Logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

8.The Company's Liability

Release from User-to-User Dealings. Because user authentication on the Internet is difficult, AMN Healthcare cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on AMN Healthcare, in the event that you have a dispute with one or more users, you release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the AMN Healthcare Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this Site.

Not Responsible For User Conduct or Postings. The Company acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Content posted by users. If notified by a user of communications which allegedly do not conform to these Terms of Use, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the Site for violating the Terms of Use or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action at any time with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company, harm other Users or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

Inaccuracies. The Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of this Site or the Content. The use of the Site and the Content is at your own risk. Changes are periodically made to the Site by the Company and may be made to any all job postings at any time for any reasons as deemed appropriate by the AMN Healthcare staff. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Content placed by you on the Site.

9. Limitation of Liability and Warranty

You agree that use of our Site is entirely at your own risk. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

Our Site and the services provided therein are provided "as is," without warranty of any kind, either express or implied, including without limitation any warranty for information, services, uninterrupted or error free access, or products provided through or in connection with the service, including without limitation our software or services licensed to you and the results obtained through the service (unless such warranties are legally incapable of exclusion). Specifically, the Company and any persons associated with the Company disclaim 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, tortuous behavior, negligence, or under any other cause of action. You specifically acknowledge that we are not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

Our entire liability and your exclusive remedy with respect to the use of our services is the cancellation of your registration or one month paid subscription with us.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

You hereby acknowledge that the provisions of this section shall apply to all content and services on the Site.

THE FOREGOING DOES NOT AFFECT ANY LIABILITIES OR WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. Links to Other Sites

The AMN Healthcare Site provides links to third-party Worldwide Sites. Because we have no control over such third-party Sites, you acknowledge and agree that the Company is not responsible for the availability of such external Sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Sites or resources. These links are provided for your convenience only, You further acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such Site.

11. No Resale or Unauthorized Commercial Use

You agree not to resell or assign your rights or obligations under these Term of Use. You also agree not to make any unauthorized commercial use of the Site, including placement agencies, headhunter organizations, travel nursing companies, or any other professional human resources companies without the express written approval of AMN Healthcare. The Company reserves the right to immediately remove from the Site such postings, or any other postings or Content, without prior notice or notification.

12. Termination

The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from the Site and immediate termination of your registration with or ability to access the Site and/or any other service provided to you by the Company, upon any breach by you of these Terms of Use or if the Company is unable to verify or authenticate any information you submit.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

13.Indemnity

You agree to hold us and our affiliates, employees, contractors, officers, directors, co-branders, partners and content providers harmless from any and all claims, disputes and expenses, including attorney's fees and court costs, related to your violation of this agreement, including the rules of conduct, or any information, software, files, messages or other content placed on our Site by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to us in that matter.

14. Intended for Use in the United States Only

The Company makes no claims that the Content may be lawfully viewed or downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

15. Additional Terms of Use

Certain areas of the Site are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

16. Termination of Service

You may terminate your right to use our Site and services at any time by notification to us as set forth above. We may terminate your account or access rights to the Site at any time, without notice, for conduct that we believe violates these Terms of Use or other policies or guidelines that we have posted on our Site. We have the right to remove or refuse to post any User Submission for any or no reason in our sole discretion. We also have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

17. General Provisions

Governing Law and Jurisdiction. These Terms of Use, and any dispute or claim arising therefrom or related thereto, are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within California.

Waiver and Severability. If any provision of this Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Terms of Use, which shall remain in full force and effect. No waiver of any term or condition of this Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

Entire Agreement. Except as expressly provided in additional terms of use for areas of the Site, a particular "Legal Notice," or software license or Content on particular Web pages, this Terms of Use constitutes the entire agreement between you and the Company with respect to the use of the AMN Healthcare Site. No changes to this Terms of Use shall be made except by a revised posting by the Company on this page.

18. Your Acceptance of These Terms

Please read the Terms of Use carefully before you start to use the Site. By using the Site, you signify your assent to the AMN Healthcare Terms of Use and Privacy Policy. All information we collect on this Site is subject to our Privacy Policy. If you do not agree with this Terms of Use and/or our Privacy Policy, please refrain from using our Site. We may revise and update these Terms of Use from time to time in our sole discretion. Your continued use of the AMN Healthcare Site following a reasonable notice of changes to this Terms of Use and/or our Privacy Policy will mean you accept the changes. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter.

19. Your Comments and Concerns

This Site is operated by AMN Healthcare. All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: privacy@amnhealthcare.com.