Healthcare Jobs In New York

Terms and Conditions

Last Updated January 28, 2009

This document contains the Terms of Use relating to all websites owned and/or operated The Omni Job Boards Network Inc. (hereafter referred to as "The Omni Job Board Network" or "The Network"). A full list of sites can be found by clicking here

(1) Introduction

Our Terms of Use are divided into 3 parts. Part A contains general terms relating to the use of our website; Part B contains special terms relating to registered jobseekers; and Part C contains special terms relating to registered recruiters.

By using any site in The Omni Job Boards Network, you accept these Terms of Use in full. If you disagree with these Terms of Use or any part of these Terms of Use, you must not use our website. If you register with The Omni Job Boards Network, or any website in The Omni Job Boards Network, as a jobseeker or a recruiter, we will ask you to expressly agree to these Terms of Use.

These Terms of Use are provided in the English language only.

PART A

(2) Licence to use website

Unless otherwise stated, we own the intellectual property rights in all of the websites in The Network and material on the websites. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

You must not:

1. republish material from any site on The Network (including republication on another website);
2. sell, rent or sub-license material from The Network;
3. show any material from The Network in public;
4. reproduce, duplicate, copy or otherwise exploit material on The Network for any commercial purpose;
5. edit or otherwise modify any material on The Network;
6. redistribute material from The Network, except for content specifically and expressly made available for redistribution (such as our newsletter).

(3) Acceptable use

You must not use any of our websites in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use The Network to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to The Network without our express written consent.

You must not use The Network to transmit or send unsolicited commercial communications.

You must not use The Network for any purposes related to marketing without our express written consent.

(4) Restricted access

Access to certain areas of The Network is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of The Network or other content or services, you must ensure that that user ID and password is kept confidential.

We may disable your user ID and password in our sole discretion without notice or explanation.

(5) User generated content

In these Terms of Use, 'your user content' means material (including, without limitation, job listing content or any other text, images (including company logos), audio material, video material and audio-visual material) that you submit to The Network for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

Your user content (and its publication on our website) must not:

1. be libellous or maliciously false;
2. be obscene or indecent;
3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
4. infringe any right of confidence, right of privacy, or right under data protection legislation;
5. constitute negligent advice or contain any negligent statement;
6. constitute an incitement to commit a crime;
7. be in contempt of any court, or in breach of any court order;
8. be in breach of racial or religious hatred or discrimination legislation;
9. be blasphemous;
10. be in breach of official secrets legislation;
11. be in breach of any contractual obligation owed to any person;
12. depict violence;
13. be pornographic or sexually explicit;
14. be untrue, false, inaccurate or misleading;
15. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
16. constitute spam;
17. be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
18. cause annoyance, inconvenience or needless anxiety to any person.

Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the Internet.

You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these Terms of Use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, The Network.

(6) Limited warranties

You acknowledge that some of the information published on the Network is submitted by users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on The Network; nor do we commit to ensuring that The Network remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to The Network and the use of The Network (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(7) Limitations of liability

Subject to this, our liability to you in relation to the use of The Network or under or in connection with these Terms of Use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

1. to the extent that The Network and the information and services on The Network are provided free-of-charge, we will not be liable for any loss or damage of any nature;
2. we will not be liable for any consequential, indirect or special loss or damage;
3. we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
4. we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
5. our maximum liability in relation to any event or series of related events will be limited to three times the fees charged for the advertising or job listings purchased in relation to the event or series of events.

You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with The Network or these Terms of Use. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

(8) Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms of Use, or arising out of any claim that you have breached any provision of these Terms of Use.

(9) Breaches of these Terms of Use

Without prejudice to our other rights under these Terms of Use, if you (including for the avoidance of doubt registered jobseekers and registered recruiters) breach these Terms of Use in any way, or if we reasonably suspect that you have breached these Terms of Use in any way, we may:

1. send you one or more formal warnings;
2. temporarily suspend your access to The Network;
3. permanently prohibit you from accessing The Network;
4. block computers using your IP address from accessing the website;
5. contact your internet services provider and request that they block your access to the website;
6. bring court proceedings against you for breach of contract or otherwise;
7. suspend and/or delete your account with The Network; and/or
8. delete and/or edit any or all of your user generated content.

Where we suspend or prohibit or block your access to The Network or a part of The Network, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

(10) Third-party websites

The Network includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third-party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

(11) Trade marks

The Omni Job Board brand and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

(12) Competitions

From time to time we may run competitions, free prize draws and/or other promotions on The Network. These will be subject to separate Terms and Conditions (that we will make available to you as appropriate).

(13) Variation

We may revise these Terms of Use from time-to-time. Revised Terms of Use will apply to the use of The Network from the date of the publication of the revised Terms of Use on our website. Please check this page regularly to ensure you are familiar with the current version.

(14) Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Use.

(15) Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(16) Exclusion of third-party rights

These Terms of Use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms of Use is not subject to the consent of any third party.

(17) Entire agreement

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of The Network, and supersede all previous agreements in respect of your use of The Network.

(18) Law and jurisdiction

These Terms of Use will be governed by and construed in accordance with Cayman Islands law, and any disputes relating to these Terms of Use will be subject to the non-exclusive jurisdiction of the courts of the Cayman Islands.

(19) Our details

The full name of our company is The Omni Job Board Network Inc.

We are registered in the Cayman Islands under registration number 219952.

Our registered address is Ground Floor, Harbour Centre, P.O. Box 1569GT, George Town, Grand Cayman.

You can contact us by email addressed to info@omni-job-boards.com.

PART B: JOBSEEKERS

(20) Jobseeker warranties and undertakings

By registering as a jobseeker, you warrant that all information you provide to us and to any registered recruiter via or in relation to The Network (including without limitation all information in your resume (or 'Curriculum Vitae' or 'CV') and profile) is true, accurate, fair and complete, and you undertake to keep all such information up-to-date at all times.

We provide each jobseeker with a login and password to enable the jobseeker to access restricted areas of The Network. Jobseekers must ensure that their login and password details are kept confidential.

(21) Jobseeker services

Registered jobseekers may have access to additional website areas and features (which we will determine in our sole discretion) which may include:

1. the facility to upload a resume and/or profile into our database, to enable registered recruiters to search for the resume/profile, assess whether the jobseeker may be suitable for a role, and contact the jobseeker where appropriate;
2. a facility to enable the jobseeker to receive email alerts, newsletters, notice of competitions, and/or other email notifications from us.

(22) Your relationship with recruiters

You acknowledge that we merely provide a facility to enable jobseekers and recruiters to get in touch and that we do not vet or monitor the registered recruiters who advertise on The Network, and you agree that you will not hold us liable, or seek to hold is liable, in relation to any loss, damage or expense that you suffer arising out of the actions of omissions of a recruiter (subject to the first paragraph of Section 7 above).

(23) Cancelling your account etc.

You may delete your jobseeker account using The Network interface at any time.

You acknowledge that The Network services are provided free-of-charge, and that we may, at any time, with or without notice or explanation, delete the jobseeker's account and/or discontinue The Network and/or The Network services.

PART C: RECRUITERS

(24) Registering as a recruiter

In order to register as a recruiter with The Network, you will need to complete the recruiter registration process.

We will not file a copy of these Terms of Use specifically in relation to each registered recruiter and, if we update these Terms of Use, the version to which you originally agreed will no longer be available on our website. For this reason, we recommend that recruiters print and file a copy of these terms of use for future reference.

(25) Recruiter charges

The charges payable by recruiters will be as set out on our website from time to time.

All charges stated on the website are stated inclusive of any and all applicable taxes.

Unless otherwise agreed, you must pay to us the applicable charges in advance, in cleared funds, in accordance with the instructions on our website.

We may vary charges from time to time by posting new charges on our website. However, such variations will not affect services that have already been paid for.

(26) Recruiter warranties and undertakings

By registering as a recruiter, you warrant that all information you provide to us and to any registered jobseeker via or in relation to The Network (including without limitation all information in job advertisements) is true, accurate, fair and complete, and you undertake to keep all such information up-to-date at all times.

We provide each recruiter with a login and password to enable the recruiter to access-restricted areas of The Network. Recruiters must ensure that their login and password details are kept confidential.

Recruiters undertakes to ensure that all job advertisements that they submit to The Network for publication are true, accurate, fair and complete advertisements for bona fide jobs.

Recruiters must only use our database of jobseekers for the sole purpose of seeking candidates to fill bona fide jobs; and recruiters must treat the information in our database as confidential, and must not copy any information from the database or record or retain any information from the database or disclose to any third party any information from the database.

(27) Recruiter services

Registered recruiters will have access to additional areas and features (which we will determine in our sole discretion) of The Network which may include:

1. the ability to post advertisements on The Network;
2. access to our database of jobseekers via The Network;
3. any other services specified on The Network from time to time.

These recruiter services may be accessed in such way, subject to such limitations and for such period, as may be specified on The Network from time to time.

(28) Your relationship with jobseekers

You acknowledge that we merely provide a facility to enable jobseekers and recruiters to get in touch and that we do not vet or monitor the registered jobseekers who use The Network, and you agree that you will not hold us liable, or seek to hold us liable, in relation to any loss, damage or expense that you suffer arising out of the actions or omissions of a jobseeker (subject to the first paragraph of Section 7 above).

(29) Recruiter warranties

We warrant to recruiters that we will perform the paid-for recruiter services with reasonable care and skill.

We do not warrant that recruiters will receive any applications in relation to job advertisements; nor do we warrant that our jobseeker database will hold information regarding jobseekers that may be suitable for the positions that the recruiter requires to be filled.

(30) Refunds Policy

Refunds of any unused advertising credit will be made in full upon application. Refunds will be issued in full without the application of shipping or restocking fees.

(31) Cancelling your account etc.

You may delete your recruiter account using the website interface at any time.

We may cancel your recruiter account in accordance with the provisions of Section 9.

We may also cancel your recruiter account without cause by giving you at least 30 days' written notice of cancellation. Where we cancel your account on this basis, you will be entitled to a (pro-rated) refund of any element(s) of the charges paid to us in respect of the provision of services during any period after the date of effective cancellation of your account (and we will calculate the amount of such refund using any reasonable methodology).

Save as specified in the preceding paragraph, recruiters will not be entitled to any payment from us on the cancellation of a recruiter account.