Terms Of Use

These Terms of Use are effective as of January 21, 2010.

Welcome to ProHealthStaffing.com. The ProHealthStaffing.com service (“ProHealth Staffing.com” or “the Service”) is owned and operated by Pro Health Staffing and its corporate affiliates (collectively, “us”, “we” or “the Company”). By using the www.prohealthstaffing.com web site (the “Site”) you signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use's effective date. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Service or the Site. It is your responsibility to regularly review these Terms of Use.

Password

When you register on the Site, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another user at any time or to disclose your password to any third party. You agree to notify The Company immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Your username and password are not transferable.

Privacy

Use of the Service and the Site is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

User Conduct

You understand that the Service and the Site are available for your personal, non-commercial use only. You certify that all information about yourself, your work experience and qualifications that you submit to the Company via the Site or otherwise will be current, complete, accurate and truthful. You represent, warrant and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain false, libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of users from the Site by electronic or other means for purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Site or for any other purpose. You further agree that you may not use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair Site.

In addition, you agree not to use the Site to:

Upload, post, email, transmit or otherwise make available any content that we deem to be patently offensive, harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your experience, background, or qualifications, or your affiliation with any person or entity
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, “Trojan Horses,” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Intimidate or harass or advocate harassment of another;
Use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Site;
Exploit people in a sexual or violent manner;
Provide nudity, violence, or offensive subject matter or provide a link to an adult web site;
Solicit personal information from anyone under 18 years of age;
Promote information that you know is false or misleading or promotes illegal activities or conduct that is defamatory or libelous;/li>
Solicit passwords or personal identity information for commercial or unlawful purposes from other users; or
Solicit money from others.

Disclaimers

The Company may, but is under no obligation to, independently verify user information prior to transmitting it to employers. The Company does not guarantee job placement, and the Company is not liable for any negative employment decisions. Under no circumstances will the Company be liable for any loss or damage caused by a user's reliance on information obtained through the Site, or for any loss or injury that users may sustain at a job obtained through the Service. The Company makes no representation, warranty or guarantee regarding any candidates, the accuracy, quality, nature, safety or legality of any jobs or resumes obtained via the Service, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. The Company is not responsible for the conduct, whether online or offline, of any user or employer. The Company is not responsible for any incorrect or inaccurate content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, or by any of the equipment or programming associated with or utilized in the Site. The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Site and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Service, any User Content posted on or through the Site or the Service or transmitted to users, or any interactions between users of the Site, whether online or offline. THE COMPANY, THE SERVICE AND THE USER CONTENT ARE PROVIDED “AS-IS, AS-AVAILABLE” AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE AND/OR THE SERVICE.

Proprietary Rights In Content on Web Site

All content on the Site, including but not limited to design, text, graphics, photographs, video, audio, organization, compilation, and the selection and arrangement of all of the foregoing (the “Company Content”), are the proprietary property of the Company. All rights reserved. No Company Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission. You may download or print a copy of any portion of the Company Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish the Company Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any other use of the Company Content is strictly prohibited.

All trademarks, logos, trade dress and service marks on the Site, including without limitation PRO HEALTH STAFFING and the Pro Health Staffing logo, are either trademarks or registered trademarks of the Company and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

User Content

The Company does not claim any ownership rights in your resume, profile, or any other materials that you provide, submit, publish or display (hereinafter, “post”) on or through the Site or otherwise submit to the Company (collectively the “User Content”). You are solely responsible for the User Content that you post on or through the Site or otherwise submit to the Company. You understand and agree that the Company may review and delete or remove any User Content that, in the sole judgment of the Company, violates this Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of users or others.

By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company a royalty-free, irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, modify, perform, publish, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing. You also represent and warrant that the holder of any rights in such content, including intellectual property rights, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.

You acknowledge that the Company does not pre-screen, monitor or approve User Content, but that the Company shall have the right (but not the obligation) in its sole discretion to refuse, delete, edit or move any User Content that is available via the Site, for violating the letter or spirit of these Terms of Use or for any other reason.

You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire.

Links To Other Websites

The Site may contain links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are in no way investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on or through the the Service or the Site does not imply approval or endorsement of the linked web site by us. When you access these third-party sites, you do so at your own risk.

Limitation Of Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnity

You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and their respective officers, agents, partners, employees, successors and assigns (each an “Indemnitee”) harmless from all liabilities, losses, damages, claims and expenses, including reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to (a) your breach or violation of this Agreement, (b) your use of the Site, the Service, and/or any transaction or other activity that arises from or is otherwise related to the Site or the Service; and/or (c) your negligence or willful misconduct. In the event you fail to promptly indemnify and defend such claims and/or pay the expenses of such Indemnitee, as provided above, such Indemnitee shall have the right to defend itself, and in that case, you shall reimburse such Indemnitee for all of its reasonable attorney’s fees, costs and damages incurred in settling or defending such claims within thirty (30) days of each of such Indemnitee’s written requests.

Eligibility

Persons under the age of 13 are not allowed to use or register on the Site. To register, you must provide your real name, address, phone number, and e-mail address. Using the Service is void where prohibited. By using the Service or the Site, you represent and warrant that you agree to and shall abide by all of the terms and conditions of this Agreement. The Company may terminate your account and/or prohibit you from using or accessing the Service or the Site if we believe you are under 13 years of age or if you otherwise violate these Terms of Use.

Term

This Agreement shall remain in full force and effect while you use the Services. The Company may terminate your account at any time, without warning. Upon termination of your account, the Company’s obligations to you shall cease. However, even after your account is terminated, this Agreement will remain in effect. or the Site, you represent and warrant that you agree to and shall abide by all of the terms and conditions of this Agreement. The Company may terminate your account and/or prohibit you from using or accessing the Service or the Site if we believe you are under 13 years of age or if you otherwise violate these Terms of Use.

Governing Law And Venue

The parties agree that this Agreement shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions, and the parties agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles. Either The Company or you may demand that any dispute between The Company and you about or involving The Company must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent The Company from seeking injunctive relief in a court of competent jurisdiction.

Other

These Terms of Use, together with the Privacy Policy and any other policies of the Company posted by us on the Site, constitute the entire agreement between you and the Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and the Company relating to your use of the Site or the Service. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. To the extent that anything in or associated with the Site and/or the Service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.

Pro Health Staffing - We've got the Rx for all your Medical Staffing needs