ASHP’s CareerPharm Services Contract
1. Introduction. Please read this Web page carefully. It
contains the Terms and Conditions governing your access to
and use of the American Society of Health-System Pharmacists’ (“ASHP”)
online career center known as CareerPharm ™ (“Site.”)
If you do not accept these Terms and Conditions or you do
not meet or comply with these provisions, you may not use
the Site. If you are an employer, recruiter, executive
search organization, or advertising agency using the Site,
you may
have entered into a Service Agreement with ASHP for your
use of CareerPharm services, in which case these Terms
and Conditions are part of that Service Agreement.
2. Binding
Agreement. These Terms and Conditions (as they
may be amended from time to time by ASHP) form a legally
binding agreement between you (“User”) and
ASHP, a 501(c)6 corporation organized and existing under
the laws
of the State of Maryland. By clicking on the “Accept” button
below, you will be indicating (a) that you have read
the following Terms and Conditions, (b) your acknowledgment
of the Terms and Conditions; and (c) your acceptance
of
the
Terms and Conditions. You are additionally agreeing to
use the Site at your own risk.
3. Certain Definitions. The following definitions apply to these Terms and
Conditions:
"
CareerPharm Site" or the "Site" includes www.careerpharm.com in its entirety and its Content, Text, Graphics, Design,
Programming and Services as applicable in the context.
"
Content" includes all Text, Graphics, Design and Programming
used on the Site.
"
Text" includes all text on every page of the Site, whether
editorial, navigational, or instructional.
"
Graphics" includes all logos, buttons, and other graphical
elements on the Site, with the exception of paid advertising
banners.
"
Design" includes the color combinations and the page
layout of the Site.
"
Programming" includes both client-side code (HTML, JavaScript,
etc.) and server-side code (Active Server Pages, VBScript,
databases, etc.) used on the Site.
"
Document" refers to any posting to the Site, whether
job or Resumé.
"
Services" means any services provided on the Site by
ASHP’s CareerPharm or its agents.
"
User" refers to any individual or entity who uses any
aspect of the Site.
"
Jobseeker" means a User who is accessing the Site to
search for a job or in any other capacity except as an Employer.
"
Employer" means a person or entity that is accessing
the Site to post a job or is in any manner related to the
purpose of seeking candidates for employment.
"
You" and "you" means the person who
(or the entity on behalf of whom you are acting) that
is agreeing
to these Terms and Conditions.
4. Acceptable Use of
the Site.
4.1 General Use Rules. The Site
is intended for individuals seeking employment and
for employers and recruiters
seeking candidates for employment. You may use this
Site only
for lawful purposes within the stated context of ASHP’s
intended and acceptable use of the Site. ASHP is the
sole interpreter of the Site’s intended and acceptable
use.
4.2 License to Use by Users who are Jobseekers. ASHP
hereby grants you a limited, terminable, non-exclusive right
to
access and use the Site only for your personal use
seeking employment opportunities for yourself. This
authorizes
you to view and download a single copy of the material
on the
Site solely for your personal, noncommercial use. Your
use of the Site is a privilege. ASHP reserves the right
to suspend
or terminate that privilege for any reason or for no
reason at any time, in its sole discretion. Use of
the Site by
individuals seeking employment (living individuals
seeking employment
on a full-time, part-time or contract basis on his
or her behalf) is free of charge.
4.3 License to Use
by Users who are employers. ASHP hereby grants
you a limited, terminable, non-exclusive
right
to access and use the Site only for your internal
business use in seeking candidates for employment. This authorizes
you
to view and download a single copy of the material
on the
Site solely for your use and solely for the purpose
of searching and recruiting job prospects. Users
of
the
Resumé Database
please see our Resumé Database Terms
and Conditions below
in Exhibit 2 for further
clarification. ASHP reserves the right to suspend
or terminate your access and use at any time if ASHP determines
that
you are in breach of any of these Terms and Conditions.
4.4 Other Specific Rules. You represent,
warrant and agree that you will not use (or plan, encourage
or
help others
to use) the Site for any purpose or in any manner
that is prohibited by these Terms and Conditions
or by applicable
law. It is your responsibility to ensure that your
use of
the Site complies with these Terms and Conditions.
4.5 Rules for Posting, Conduct and Security. You
agree to comply with the "Rules" for
posting, conduct and security on the Site, which
are attached hereto
as Exhibit
1.
5. Intellectual Property Rights. The Site
and all right, title and interest in and to the Site
is
the sole property
of ASHP and is protected by U.S. copyright and
international treaties. Except for the limited
licenses expressly
granted to you in these Terms and Conditions, ASHP
reserves for
itself and its licensors all other right, title
and interest in
and to the Site. Without limitation on the foregoing,
you may not reproduce, modify, display, sell, or
distribute the Content, or use it for any public
or commercial
purpose whatsoever.
This includes copying or adapting the HTML code
used to
generate Web pages on the Site. "CareerPharm," the
CareerPharm design logo and certain other names
or logos are service
marks or trademarks of ASHP, and all related product
and service names, design marks and slogans are
the service marks
or trademarks of ASHP. In addition, the "look" and "feel" of
the Site (including color combinations, button
shapes, layout, design and all other graphical
elements) are
also protected
by ASHP's trademarks, service marks and copyrights.
All other product and service marks contained on
the Site are the trademarks
of their respective owners.
6. Disclaimers and
Limitations on ASHP’s Liability.
6.1 Allocation
of Responsibility. ASHP assumes no responsibility
for Documents posted by Users and
no responsibility
for the activities, omissions or other conduct
of Users.
6.2 No endorsements by ASHP. Nothing
on the Site shall be considered an endorsement,
representation
or warranty
with
respect to any User or third party, whether with
regard to its Web site, products, services, hiring,
experience,
employment,
recruiting practices, or otherwise.
6.3 No Guaranty
of Results. ASHP is not an employment agency or
a recruiting firm, and makes no representations
or guarantees
regarding the effectiveness or timeliness of
the Site in meeting the employment objectives of Users.
ASHP
does not
guarantee that Documents posted by Users will
result in candidates being hired or positions being filled,
and is
not responsible
for any employment decisions, for whatever reason
made, made by any User.
6.4 WARRANTY DISCLAIMERS
(a) THE SITE IS PROVIDED ON AN 'AS IS' BASIS
WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED.
ASHP, TO THE
FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS
ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
WARRANTIES OF
MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF
THIRD PARTIES’ RIGHTS,
AND FITNESS FOR PARTICULAR PURPOSE. ASHP MAKES NO WARRANTIES
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS
OF THE SITE.
(b) Without limitation on the foregoing:
(i) ASHP DOES
NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR
THAT THE SITE AND ITS
SERVERS ARE
FREE OF COMPUTER VIRUSES
OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF
THE SITE RESULTS DIRECTLY OR INDIRECTLY IN
THE NEED
FOR SERVICING
OR REPLACING
EQUIPMENT OR DATA, ASHP IS NOT RESPONSIBLE
FOR THOSE COSTS.
(ii) ASHP makes no representations or guarantees
regarding the truthfulness, accuracy, completeness,
timeliness
or reliability of any Documents posted by Users,
or of any
other form of
communication engaged in by Users. Documents
may contain inaccuracies or typographical errors.
You
agree that
any reliance on Documents posted by Users,
or on any other
form of communication with Users, will be at
your own risk.
(iii) ASHP makes no representations or guarantees
regarding the Content of the Site, including,
but not limited
to, broken links, inaccuracies or typographical
errors.
6.5 DAMAGE LIMITATIONS, ALLOCATIONS
OF LIABILITY AND EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK
FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY,
AND THE
DOCUMENTS YOU POST
OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE
SITE.
(b) IN NO EVENT SHALL ASHP (OR ANY OF ITS OFFICERS,
DIRECTORS, EMPLOYEES, MEMBERS, AFFILIATES,
AGENTS OR ADVERTISERS),
BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION,
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST
PROFITS, OR DAMAGES RESULTING FROM LOST DATA,
LOST EMPLOYMENT
OPPORTUNITY,
OR
BUSINESS INTERRUPTION) RESULTING FROM OR ARISING
UNDER OR IN CONNECTION WITH THE USE OR ACCESS
TO, OR THE
INABILITY TO USE OR ACCESS, THE SITE AND/OR
ANY DOCUMENT, WHETHER
BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT ASHP IS ADVISED
OF THE POSSIBILITY
OF SUCH
DAMAGES.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY
FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE LIMITATIONS SET
FORTH
IN THE PRECEDING
PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE
HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY
REASON,
THEN ASHP'S MAXIMUM
LIABILITY
TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED
TO U.S. $200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL ASHP (OR ANY OF ITS OFFICERS,
DIRECTORS, EMPLOYEES, MEMBERS, AFFILIATES,
AGENTS OR ADVERTISERS),
BE LIABLE FOR ANY DAMAGES IN EXCESS IN THE
AGGREGATE OF US$200.00
(OR, IF YOU ARE AN EMPLOYER WITH A SERVICES
AGREEMENT WITH CAREERPHARM, THE AMOUNTS ACTUALLY
PAID BY
YOU TO CAREERPHARM
UNDER THIS AGREEMENT IF GREATER THAN US$200.00).
(e) Due to the nature of these Terms and Conditions,
in addition to money damages, ASHP will be
entitled to equitable
relief
upon a breach of these Terms and Conditions
by you.
7. Links to Other Sites. CareerPharm
may contain links to third party Web sites. These links
are provided solely as
a convenience to you and not as an endorsement
by ASHP
of the contents on such third-party Web sites.
ASHP is not responsible
for the content of linked third-party sites,
makes no representation regarding the content
or accuracy
of materials
on such
third-party Web sites, and specifically disclaims
any and all liability
for the content and/or accuracy of materials
on such third party Web sites. If you decide
to access
linked
third-party
Web sites, you do so at your own risk.
8. Amendments
to this Agreement and Changes to Site. ASHP may
revise these Terms and Conditions
at any
time by updating
this page. Changes will be binding on you
on the date they are posted on the Site (or as
otherwise
stated
in the any
notice of such changes). Any use of the Site
will
be considered acceptance by you of the then-current
Terms
and Conditions.
If at any time you find the Terms and Conditions
unacceptable, you may not use the Site any
longer. Any new or different
terms supplied by you are specifically rejected
by ASHP unless ASHP agrees to them in a signed
writing
specifically
including
those new or different terms. ASHP may change
the Site at any time.
9. Indemnity. You agree
to defend, indemnify, and hold harmless ASHP (and its
officers, directors, employees,
members and
agents) from and against any claims, actions
or
demands (including, without limitation,
costs, damages and
reasonable in-house
and outside legal and accounting fees)
alleging or resulting from or in connection with your
use of
the Site, any
Document posted by you, or your breach
of these Terms and Conditions.
ASHP shall use reasonable efforts to provide
you prompt notice of any such claim, suit,
or proceeding
and may
assist you,
at your expense, in defending any such
claim, suit or proceeding.
10. User Information. The Privacy
Policy posted on the Site is incorporated in this
Agreement
by this
reference.
The
Privacy Policy governs data collected
through ASHP’s
CareerPharm on-line operations only.
In addition, ASHP reserves the right to comply,
in its sole discretion,
with legal requirements.
11. Questions
and Notices. Questions concerning the use of the
Site should be directed
to Share Your
Feedback. Notices
shall be sent, for ASHP, to the address
listed on the Site, and, for you, to
the address
submitted by you
or
such other
address as ASHP reasonably determines
is an appropriate address for you.
12. General. ASHP’s contact information
is listed on the Site. ASHP makes no claims that the Content
is appropriate
or may be downloaded from outside
of the United States. Access
to the Content may not be legal by
certain persons or in certain countries, and such persons
have no right to access
or use the Site. If you access CareerPharm
from outside of the United States, you do so at your
own risk and are responsible
for compliance with the laws of your
jurisdiction. These Terms and Conditions are governed
by the internal substantive
laws of the State of Maryland, without
respect to its conflict of laws principles. Jurisdiction
for any claims arising under
these Terms and Conditions shall
lie exclusively with the state or federal courts in the State
of Maryland. Your relationship
to ASHP is solely that of independent
contractors. If any provision of these Terms and Conditions
is found to be invalid
by any court having competent jurisdiction,
the invalidity of all or part of a provision shall not
affect the validity
of the remaining parts and provisions
of these Terms and Conditions, which shall remain in
full
force and effect.
All provisions of these Terms and
Conditions shall survive termination except those granting
access
or use to the Site,
and in the event of termination for
any reason whatsoever, you shall cease all your use and
access thereof immediately.
You may not assign or transfer your
obligations under these Terms and Conditions. No waiver
of any term of these Terms
and Conditions shall be deemed a
further or continuing waiver of such term or any other term.
Except
as expressly provided
by ASHP in a particular "Legal
Notice," or
software license or material on particular
Web pages of the Site,
these Terms and Conditions constitute
the entire agreement between you
and ASHP.
Exhibit 1–Rules regarding
Posting,
Conduct and Security
ASHP is the
sole interpreter of these rules. Users who violate these
rules
may have
their access to
and use
of the Site
suspended or terminated, at ASHP’s
sole discretion. ASHP reserves
the right to change these rules
at any
time and at our sole discretion.
1.1 Posting Rules:
(a) Your Document may not contain:
(i) links to Web sites (to advertise
your
company or
Web site,
see
our Advertising
Opportunities.); (ii) copyrighted
material (unless you own the
copyright or have
the owner's express
written permission to post the
copyrighted material); (iii)
trade
secrets
(unless
you own them or have the owner's
express written permission to
post them); (iv)
material that
infringes on or misappropriates
any other intellectual property
rights, or violates the privacy
or publicity
rights of others; (v)
anything that
is sexually
explicit, obscene, libelous,
defamatory, threatening, harassing, abusive,
or hateful; or (vi) anything
that is embarrassing
or offensive to another person
or entity
(b) You may not use
your Document(s) to: (i) impersonate
another person,
living or dead;
(ii) post false,
inaccurate or misleading information;
(iii)
post advertisements
or solicitations of business
(including, but not limited to,
Multi-Level Marketing
[MLM] positions, Email Processors,
Project 21, franchises, "club
memberships," distributorships,
or anything requiring a monetary
investment by the User); (iv)
post chain
letters or pyramid schemes; or
(v) post opinions or notices,
commercial
or otherwise; or (vi) work from
home opportunities.
(c) Your
Document(s) must contain sufficient
detail to convey clearly
to the User
the nature and requirements
of the job
opportunity, or your qualifications
as a candidate for
employment. Documents that encourage
the User to "email for more
details" are not permitted.
Documents from any third party
charging a fee or restricting
complete
access to all
Resumé information are prohibited.
(d) Job postings must be individual
openings for traditional, W-2
or 1099 employees.
(e) Resumé
postings must contain the accurate Resumé of a living
individual seeking employment
on a
full-time, part-time,
or contractual basis on his
or her own behalf.
(f) ASHP is under no obligation
to monitor the Documents posted
on the
Site, but
it may monitor
Documents
at random. Documents found
to violate the above Posting
Rules
may
be removed without notice at
ASHP's sole discretion. Advertisements
and any other
material deemed
not to
be in harmony with
the
provisions of this Agreement
will
be rejected without comment
in the sole
discretion
of ASHP.
1.2. Conduct Rules:
(a) You may not respond to
postings by other Users in
any manner
or for any
purpose other
than that
which is
expected
(i.e., to apply for the job
or to initiate further discussion
with
the candidate).
Communications soliciting
the employer's business by our
competitors
are
prohibited.
(b) You may not
send unsolicited commercial email to Users.
(c) You may
not upload, post, email, or otherwise transmit
or post links
to any
unsolicited
or unauthorized advertising,
promotional materials, “junk
mail”, “spam”,
or any other form of
solicitation to Users.
(c) Protect your password.
You are responsible for
maintaining the confidentiality
of
your information and
password. You are responsible
for
all
uses
of your registration,
whether or not authorized
by you.
If others use your password
to
post inappropriate
material
on
the Site, you
risk
losing
your access to the Site.
You agree to notify ASHP
immediately
of any
unauthorized use
of your registration
and password.
(d) Report
inappropriate postings or conduct to
Share Your Feedback.
(e) You may not delete or revise any material
posted
by any
other person
or entity.
(f) ASHP
is under no obligation to monitor
the conduct
of its Users, but
it may investigate from
time to
time and may
respond when violations
are
reported.
1.3 Security
Rules:
(a) Users are prohibited
from violating
or attempting to
violate the security
of the
Site, including,
without limitation:
(i) accessing data
not intended for
such User
or logging
into a server
or account
to which
the User
is not authorized
to access; (ii)
attempting to probe, scan or
test the vulnerability
of a system or
network
or to
breach security
or authentication
measures without
proper
authorization;
(iii) 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", "mailbombing" or "crashing";
(iv) sending unsolicited
e-mail, including
promotions and/or
advertising of
products or services;
(v) forging
any TCP/IP
packet header or
any part of the
header information
in any e-mail or
newsgroup posting.
Violations of system
or network
security may result
in civil liability
or criminal prosecution.
(b)
Violation of these
Security
Rules may
result in civil
liability or
criminalprosecution.
ASHP will investigate
occurrences
which
may involve such
violations and
may involve, and
cooperate
with, law
enforcement authorities
in
prosecuting
Users who are involved
in
such violations.
Exhibit 2–Resumé Database usage
terms:
Please carefully
read the following
terms
and conditions
for purchase
and use of
ASHP’s CareerPharm™ Resumé
Database. ASHP owns and operates a website located at www.careerpharm.com (the “Site”), pursuant to which it offers employers
and recruiters membership accounts allowing access to ASHP
and CareerPharm’s online Resumé Search database (“Resumé
Search”). This Agreement provides the terms and conditions
of such membership accounts.
2.1. Access Authority and Conditions.
Subject to compliance
with each of the terms of this Agreement, ASHP agrees to
permit you to access the CareerPharm™ Resumé
Search database (“Resumé Database”) via the
Site for the purpose of viewing and/or downloading a single
copy of available Resumés solely for your use. Following
are certain requirements regarding such access:
2.1.1. The Resumé Database is to be accessed and
used solely by you. Upon your successful registration and
creation of
an account along with a username and password and upon
having at least one active job posted to the Site.
You may not provide Your password or otherwise permit
access to the Resumé Database to any third party. You may download,
one at a time, up to 50 Resumés per day (400 per month) for
Your use in accordance with the terms of this Agreement.
You may not provide or distribute such Resumés to any third
party. You are responsible for protecting and keeping Your
password confidential.
2.1.2 You many not use the Resumé Database in any way
which, in ASHP’s reasonable judgement, adversely
affects the performance or function of the Site or the
Resumé Database
or interferes with the ability of other Resumé Database
purchasers.
2.1.3 ASHP may terminate, update, alter or supplement all
or any part of the Resumé Search offering at any time. By
permitting access to the CareerPharm Resumé Database via
Resumé Search, ASHP does not convey any interest in or to
the Resumé Database or any other ASHP property or service.
All right, title, and interest in and to the Resumé Database
shall remain in ASHP.
2.1.4 You agree that your access to the Resumé Database
will be in compliance with any additional usage requirements
provided by ASHP from time to time.
2.2 Subscription Period
In order to gain access to the Resumé database,
You must have at least one active job on CareerPharm™.
Then, this agreement shall commence as of the date you click
the “I Accept” button, agreeing to be bound
by the terms and conditions of this Agreement (“Effective
Date”) and shall continue for the time period during
which your job is active, unless terminated earlier by
ASHP as provided herein. You may
not cancel
this Agreement for any reason during the Subscription
Period.
2.3. Expiration and Renewal
Following the expiration of your
Subscription Period, Your Resumé Database access
will expire. You must have at least one active job on CareerPharm
to maintain access to the Resumé Database.This agreement
shall continue for the duration of resumé search access.
2.4. Disclaimer of Warranties
Resumé SEARCH AND USE OF THE
CAREERPHARM Resumé DATABASE ARE PROVIDED “AS IS”.
NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM,
EXPRESS OR IMPLIED, STATUTORY
OR OTHERWISE, AS TO THE CONDITION, QUALITY, DURABILITY,
PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS
FOR A PARTICULAR PURPOSE OR USE OF Resumé SEARCH OR THE
CAREERPHARM Resumé DATABASE IS GIVEN OR ASSUMED BY ASHP,
CAREERPHARM OR ITS AGENTS. ALL SUCH WARRANTIES, REPRESENTATIONS,
CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED
TO THE FULLEST EXTENT PERMITTED BY LAW. ASHP MAKES NO WARRANTY
WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE CAREERPHARM
ResuméS. ASHP AND CAREERPHARM DO NOT WARRANT THAT YOUR
USE OF THE CAREERPHARM Resumé DATABASE WILL BE UNINTERRUPTED,
SECURE, OR ERROR FREE.
2.5. Limitation of Liability
IN NO EVENT WILL ASHP OR CAREERPHARM
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT,
INCIDENTAL,
EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR PENALITES
(INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS OR INABILITY
TO ACCESS THE Resumé DATABASE) ARISING HEREUNDER OR IN
CONNECTION HEREWITH, EVEN IF ASHP OR CAREERPHARM HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR PENALTIES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN
NO
EVENT SHALL ASHP’S TOTAL AGGREGATE LIABILITY FOR
ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS
TO YOU OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION
OR CLAIM WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED
THE TOTAL SUBSCRIPTION FEES ACTUALLY PAID BY YOU.
2.6. Indemnification
You will, at your sole cost and expense,
indemnify and hold harmless ASHP, CareerPharm, and its
affiliates and its
and their respective officers, directors, employees,
agents, successors and assigns from and against any and all
claims,
losses, damages, judgments, costs and expenses (including
attorneys’ fees and expenses) arising out of or related
to your Resumé Search or use of the Resumé Database or
any breach of the terms hereof in any manner. You shall
permit ASHP to participate in any such action to the extent,
in ASHP’s judgement, that ASHP may be prejudiced
thereby, and You shall not settle any such action without
the prior written consent of ASHP.
2.7. Amendments
ASHP reserves the right to modify the terms
and conditions of this Agreement or provide additional
usage requirements
in its sole discretion at any time by posting a revised
version hereof or by otherwise making such revised terms
available for review by you. Any such modifications will
supersede all prior versions after the revised version
has been posted or by otherwise made available as described
above. Your continued use of the benefits of your Resumé
Search and the Resumé Database after posting or availability
constitutes Your agreement to the revision(s).
2.8. Authority
You represent and warrant that the person
accepting this Agreement has full right and authority to
enter into this
Agreement on Your behalf.
2.9. Controlling Law and Jurisdiction
This Agreementshall
be deemed to be a contract made under the laws of the State
of Maryland and for all purposes
shall be governed, interpreted and enforced in accordance
with the laws of the State of Maryland, without giving
effect to any choice or conflict of law provision or
rule (either of the State of Maryland or any other jurisdiction)
that would cause the application of the laws of any jurisdiction
other than the State of Maryland. The exclusive jurisdiction
for any action relating to this Agreement shall be the
courts in the State of Maryland, and the parties consent
to such jurisdiction.
2.10. Force Majeure
ASHP shall not be liable or responsible
for any delay or failure in performance if such delay or
failure is due
to causes beyond its control.
2.11. No Assignment
You may not assign this Agreement or
any of your rights hereunder. Any such attempted assignment
shall be null and void.
By clicking on the “I Accept” button
during account creation, you will be indicating that you
have read the preceding terms
and conditions, that you agree to be bound by the all of
the terms and conditions contained in this entire agreement,
and you will have entered into a legally binding perpetual
contract with ASHP and CareerPharm.
Violation of any of these
terms and conditions may result in civil liability or criminal
prosecution . ASHP will investigate
occurrences which may involve such violations and may involve,
and cooperate with, law enforcement authorities in prosecuting
users who are involved in such violations.
ASHP reserves
the right to suspend or terminate services at any time
either with or without notice and with no refund
to any customer found to be violating or to have violated
this contract.
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