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Terms & Conditions of use

The following terms and conditions (the “Terms and Conditions”) under which you may use the PRACTICE OPPORTUNITIES, INC., (“poi”) web site Opthalmologists.biz are listed below. These Terms and Conditions may be changed at any time, and are effective the day the new Terms and Conditions are posted. Users agree to review the Terms and Conditions periodically to check for any modifications.

PLEASE READ CAREFULLY:
USING THIS WEB SITE SIGNIFIES ACCEPTANCE OF ALL TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, EXIT THIS SITE IMMEDIATELY.

1. Use of Web Site Content:

POI web sites, including this website, may be used only for lawful purposes by individuals seeking employment and/or career information, or by employers seeking employees. The supplier specifically prohibits, and all users expressly agree, not to use the web site for posting any incomplete, false or inaccurate biographical or professional information, for posting any false or inaccurate information regarding a job opportunity, for posting information that is defamatory, obscene, threatening, abusive or hateful,, for posting information regarding any franchise or “pyramid scheme,” or for any other illegal purpose.

Despite a connection to the health care industry, POI is NOT a medical referral service, and does not recommend or endorse any particular health care provider, physician or medical service of any kind. Furthermore, this site does NOT offer advice regarding the quality or suitability of any particular provider or physician for medical treatment or for any medical condition, and no information on this site should be construed as health or medical advice. 

Users of this website specifically agree and acknowledge that they are solely and fully responsible for authenticating the accuracy of all information posted on the website and for determining the suitability of any position or candidate listing herein. Users agree furthermore that neither POI, nor its officers, directors or employees shall be liable for any false or misleading information posted on this website or for any omission from any posting.

2. Restrictions on Use:

The contents of this web site and all other web sites under POI’s control, including but not limited to text, graphics, images, logos, button icons, software and other web site content, are the sole property of POI and are protected by law. Users agree not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, decompile, or dissemble any aspect of the site, including without limitation web site content, and acknowledge that doing so may lead to civil and/or criminal liability for violations of trademark, copyright and/or other applicable laws. 

3. Web Site Security Rules:

Users are prohibited from violating or attempting to violate the security of any POI web site, including, without limitation, 

  1. accessing data not intended for such user or logging into a server or account which the user is not authorized to access,
  2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without prior authorization, 
  3. attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any POI site, or any type of denial of service attack,
  4. sending unsolicited e-mail, including promotions and/or advertising of products or services, or 
  5. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of the system or network security may result in civil or criminal liability. POI 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. User Logon ID and Password:

Once you have completed the registration process, you will receive a unique logon ID and password that is associated with your new account. You are solely responsible for maintaining the confidentiality of the logon ID and password, and are fully accountable for all activities that occur under your account. 

If you have a password that allows access to a non-public area of the web site, you are prohibited from sharing your password with any third party and from using your password for any unauthorized purpose. You may not assign or transfer access privileges to any other person or entity.

You agree to notify POI of any unauthorized use of your account or any other breach of security.

5. Privacy Statement:

POI considers protecting your personal data to be important, and has developed a Privacy Statement outlining the personal data collection and use practices of POI. By using this website, users are assumed to be familiar with, and to agree to, the conditions and limitations in the Privacy Statement.

6. User Submissions:

POI hosts a venue for employers to post job opportunities and physician candidates to post CVs. By making a submission to the web site, you acknowledge that such information, with the exception of “sensitive information” as defined in the Privacy Statement, may be released to others. POI endeavors to make this information available only to those with legitimate professional reasons for obtaining the information, but cannot guarantee that this will always be the case. E-mail addresses are not sold to any third party.

As a user, you are responsible for accurate submission of your data and the consequences of their posting. You must not, and by using this web site, agree not to do the following: 

  1. post material that is copyrighted, unless you are the copyright owner, or have the owner’s permission to post it, 
  2. post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, 
  3. post sexually explicit image or statement, 
  4. post a chain letter, 
  5. impersonate another person, or 
  6. post material 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.

While POI makes every effort to keep the web site up-to-date, the web site may contain inaccuracies or typographical errors. If notified by a user of communication which allegedly does not conform to these Terms and Conditions, POI may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of communication.

POI shall not be responsible for any employment decisions made either by an employer posting an opportunity or by a candidate posting a CV on the web site.

7. Confidentiality on the Internet:

Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While we have endeavored to create a secure and reliable web site, please be advised that the confidentiality of any communication or material transmitted to POI over the Internet cannot be guaranteed. 

8. Links to Other Sites:

This web site may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by POI of the contents of such third party web sites. POI is not responsible for the content of linked third party web sites and does not make any representations regarding the content or accuracy of materials on such web sites. If you choose to access a linked third party site, you do so at your own risk.

9. Refunds:

Users specifically acknowledge that POI will not be responsible for offering a refund on any valid, properly executed order. Users also acknowledge that POI is not and shall not be responsible or liable to any party to an order for the acts or omissions of the other party to the order. The application of an order and payment of such is done in good faith on the part of both parties following careful review of all Terms and Conditions.

10. Limitation of Liability:

POI shall employ due care and attention in maintaining the web site. However, you acknowledge that any collection and compilation of data entails the likelihood of some human and machine errors, omissions, delays, interruptions, and losses, including inadvertent loss of data or damage to media, which may give rise to loss or damage. Accordingly, you agree THAT THE INFORMATION AND ACP DOCUMENTS ARE PROVIDED “AS IS”; POI, including its officers, directors, shareholders, employees or any third parties mentioned on the web site shall at NO time be liable for any damages or costs including but not limited to; health problems, internet connection disruption, or lost data as a result of the use or inability to use the web site. POI MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THEIR ACCURACY, COMPLETENESS, OR CURRENTNESS; AND GMRI SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. POI SHALL NOT BE LIABLE ON ACCOUNT OF ANY SUCH ERRORS, OMISSIONS, DELAYS, OR LOSSES UNLESS CAUSED BY ITS GROSS NEGLIGENCE. YOU AGREE THAT IN NO EVENT WILL POI BE LIABLE FOR THE RESULTS OF YOUR USE OF THE WEB SITE, YOUR INABILITY OR FAILURE TO CONDUCT YOUR BUSINESS, OR FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES. YOU FURTHER AGREE THAT IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF POI FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING UNDER THIS AGREEMENT AND SERVICES PERFORMED HEREUNDER, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO GMRI DURING THE PRECEDING TWELVE-MONTH (12) PERIOD, EVEN IF POI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL CLAIM, LOSS OR DAMAGE. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. 

11. Miscellaneous:

Severability

In case any one or more provisions contained in these Terms and Conditions shall, for any reason, be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not effect any other provision hereof and these Terms and Conditions shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.

Florida Contract

These Terms and Conditions shall be deemed for all purposes to have been entered into in the State of Florida. The user agrees he/she is subject to the jurisdiction of the State of Florida and waives any right to defense for lack of jurisdiction. Venue shall lie exclusively in Pinellas County, Florida. These Terms and Conditions shall be governed and construed in accordance with the laws of the State of Florida.

Entire Agreement

These Terms and Conditions set forth the entire agreement between the parties and constitute all the promises, covenants, agreements, conditions and understandings between the parties hereto and supersedes all prior and contemporaneous agreements and understandings, inducements or conditions, expressed or implied, oral or written, except as herein contained. These Terms and Conditions may be modified at any time by POI. As per these Terms and Conditions it is the responsibility of the user to periodically check for any modifications.

Waiver

No waiver hereunder of any condition or breach shall be deemed to be a continuing waiver or a waiver of any subsequent condition or breach.

Binding Effect

These Terms and Conditions shall be binding upon and inure to the benefit of the respective successors and assigns and, as applicable, to heirs and legal representatives of the parties hereto.

12. Indemnification:

You agree to indemnify, defend and hold harmless POI and its affiliates, officers, directors, employees, and agents from any and all third party claims, liability, damages, and/or costs (including but not limited to attorney’s fees) arising from your use of services in a manner that violates or is alleged to violate these Terms and Conditions of use or by infringement by any other user of your account.

13. Force Majeure:

POI will not be liable for any loss resulting from a cause over which it does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, hurricanes, earthquakes, or natural disasters, strikes or other labor problems or governmental restrictions.

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