TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE.
IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.
THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF JULY 16, 2018.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Locumunity Solutions Inc., of 321 Water St #501, Vancouver, BC V6B 1B8, also known “Locumunity” of “We”, and its affiliates, in association with the use of the website, which includes locumunity.com, (the "Site") and its Services, which shall be defined below.
You should not access or use this Site until You have carefully read and agreed to these terms and conditions. Please note that depending upon whether you are a Healthcare Professional or Client, you may be asked to review and accept separate terms as applicable being either terms applicable only to Healthcare Professionals (the “Healthcare Professional Terms”), or terms applicable only to Clients ( the “Client Terms”). Regardless, as applicable, the Terms apply to all users as appropriate. The Healthcare Professional Terms may be found at https://locumunity.com/terms-and-conditions-job-seeker and the Client Terms may be found at and are accessible after registering, as appropriately, through the Site. If you would like a copy of such Terms before registering through the Site, please contact us directly.
“User,” “Users,” “You,” or “Your” refer to all persons who access or use the Site, including but not limited to Healthcare Professionals and Clients. “Healthcare Professionals” refers to those healthcare professionals who registered with Locumunity through the Site to provide Healthcare Professional Services at the Clients’ facilities. “Client” or “Clients” refer to those healthcare facilities that registered with Locumunity, through the Site to engage Healthcare Professionals.
The user and/or User acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Locumunity. At its discretion, Locumunity may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Locumunity does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the User, acknowledge, accept and agree that Locumunity shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute Your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by You to ensure You are aware of all terms and policies currently in effect. Should You not agree to the updated, revised or modified terms, You must stop using the provided Services forthwith. Furthermore, the User understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such Locumunity shall not assume any responsibility in connection with the User’s use of the Site.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an online platform linking Healthcare Professionals, seeking temporary or permanent practice opportunities, with healthcare facilities who are seeking Healthcare Professionals, for temporary or permanent services.
The Site is also a rating website which helps the best Healthcare Professionals providing “locum” or temporary work, build their brand in the market while helping the best healthcare clinics and facilities be able to find them.
To register and become a "User" of the Site, You must be at least 18 years of age and a resident of Canada eligible to hold employment in Canada, either by virtue of citizenship or by virtue of having obtained lawful employment status as appropriate, and able to enter into and form a legally binding contract. In addition, You must be in good standing and not an individual that has been previously barred from receiving the Site’s Services under the laws and statutes of Canada or other applicable jurisdiction.
When You register, the Site may collect information such as Your name, business name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit Your account information at any time. Once You register with and sign in to our Services, You are no longer anonymous to us. Furthermore, the registering party hereby acknowledges, understands and agrees to: a) furnish factual, correct, current and complete information with regards to Yourself as may be requested by the data registration process, and b) maintain and promptly update Your registration and profile information in an effort to maintain accuracy and completeness at all times. If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Locumunity will have sufficient grounds and rights to suspend or terminate the User in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Locumunity Services, or any portion thereof.
It is Locumunity's priority to ensure the safety and privacy of all its visitors, users and Users, especially that of children. Locumunity therefore does not allow persons under the age of 18 from registering and using the Site.
As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Locumunity to you.
You herein agree not to make use of Locumunity's Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that You personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that You do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions;
j) interfering with or disrupting any Locumunity Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act; m) "stalking" or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other User or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs. Locumunity herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, We reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or Users.
Locumunity herein reserves the right to access, preserve and/or disclose User account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of Locumunity, its visitors, users and Users, including the general public.
Locumunity herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Locumunity or any other content providers supplying content services to Locumunity. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Locumunity shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Locumunity a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your content through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST LOCUMUNITY RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD Locumunity HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
CONTRIBUTIONS TO COMPANY WEBSITE
Locumunity provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
c) shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of Locumunity
e) Locumunity may republish such contributions or use them to publicize the site in a manner decided by Locumunity in its sole discretion; and
e) is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
All users and/or members herein agree to insure and hold Locumunity, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
You acknowledge and agree that Locumunity provides Users with a valued service in presenting Healthcare Professionals to Clients. In return, to the extent consistent with applicable state law, Healthcare Professionals shall not solicit or accept either a temporary engagement or permanent position directly with a Client, or an Affiliate of a Client, that was the subject of an Introduction to such Healthcare Professional for a period of one (1) year after the date of the Introduction unless Client pays Locumunity a fee, as defined in each Client’s agreement with Locumunity. For purposes of these Terms, an “Affiliate” of a Client includes, but is not limited to, an organization or person that has any form of direct or indirect business relationship with such Client, any entity comprised of one or more owners of such Client, or any successor to or assignee of such Client. An “Introduction” shall be deemed to have occurred when a Healthcare Professional has initiated contact with a Client and when a Client has initiated contact with a Healthcare Professional through the Locumunity platform, regardless of whether there is a response to the initiated contact and regardless of whether the contact or any response is initiated or conducted through the Site or otherwise.
Upon registration, You hereby acknowledge that by using locumunnity.com to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, You will be causing communications to be sent through our computer network. Therefore, through Your use, and thus Your agreement with this TOS, You are acknowledging that the use of this Service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network You hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content.
Locumunity controls and operate the Site from Canada, and all information is processed within Canada and there is no representation or intention that the Site is available for use in other locations, including and particularly the countries comprising the European Union or any other jurisdiction in which the General Data Protection Regulation (GDPR) (EU) 2016/679 are applicable and enforceable. If You are in the European Union, You are not eligible to use the Site.
Users who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Without limiting the generality of the foregoing, You agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which You reside.
Furthermore, You state and pledge that You:
a) are not on the list of prohibited individuals which may be identified on any government export exclusion report nor a User of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. or Canadian export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of Canadian or U.S . or other applicable export and/or import laws.
All Users herein agree to insure and hold Locumunity, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a User or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Services or Your connection with these Services, Your violations of the Terms of Service and/or Your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The User or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to 's sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Locumunity may set up any such practices and/or limits regarding the use of our Services. In addition, You also agree that Locumunity has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that We reserve the right to delete or remove any account that is no longer active for an extended period of time. It is Your agreement to this TOS which establishes Your consent to allow Locumunity to store any and all communications on its servers.
Locumunity shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, We shall not be held liable to You or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
As a User of locumunity.com, You may cancel or terminate Your account, associated email address and/or access to our Services by submitting a cancellation or termination request to [email protected] As a User, You agree that Locumunity may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit Your account, any email associated with Your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by You in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by You in connection with Your locumunity.com account Services.
Furthermore, You herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that We shall not be liable to You or any other third party with regards to the termination of Your account, associated email address and/or access to any of our Services. The termination of Your account with locumunity.com shall include any and/or all of the following:
a) the removal of any access to all or part of the Services offered within locumunity.com;
b) the deletion of Your password and any and all related information, files, and any such content that may be associated with or inside Your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between You and any such advertiser. Moreover, You herein agree that Locumunity shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either Locumunity or any third parties may provide links to other websites and/or resources. Thus, You acknowledge and agree that We are not responsible for the availability of any such external sites or resources, and as such, We do not endorse nor are We responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, You acknowledge and agree that Locumunity shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that Locumunity's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, You herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Locumunity or such applicable licensor, You agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Locumunity Services (e.g. Content or Software), in whole or part. Locumunity herein has granted You personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as You do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, You do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, You also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Locumunity for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF LOCUMUNITY SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. LOCUMUNITY AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) Locumunity AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) LOCUMUNITY SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) LOCUMUNITY SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE LOCUMUNITY SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF LOCUMUNITY SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM LOCUMUNITY OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A HEALTHCARE PROFESSIONAL IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT LOCUMUNITY AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATAAND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
In the event You have a dispute, You agree to release Locumunity (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
Locumunity may furnish You with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if You violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes Your agreement that You are deemed to have received any and all notices that would have been delivered had You accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the Locumunity trademarks, copyright, trade name, service marks, and other Locumunity logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Locumunity. You herein agree not to display and/or use in any manner the Locumunity logo or marks without obtaining Locumunity's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Locumunity will always respect the intellectual property of others, and We ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Locumunity may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If You feel that Your work has been duplicated in such a way that would constitute copyright infringement, or if You believe Your intellectual property rights have been otherwise violated, You should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that You believe has been infringed upon;
c) A description of the location of the site which You allege has been infringing upon Your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which You state that the alleged and disputed use of Your work is not authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in Your notice is truthful and accurate, and that You are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The Locumunity Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Mailing Address: Locumunity, Campus Box 354625, 1100 NE Campus Pkwy Suite 200, Seattle, WA Attn: Copyright Agent Telephone: Email: [email protected]
This TOS constitutes the entire agreement between You and Locumunity and shall govern the use of our Services, superseding any prior version of this TOS between You and us with respect to Locumunity Services. You may also be subject to additional terms and conditions that may apply when You use or purchase certain other Locumunity Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW, MANDATORY ARBITRATION AND VENUE
Governing Law / Jurisdiction
This Agreement (and any non-contractual disputes/claims arising out of or in connection with them) is governed by the laws of British Columbia. Any legal action must be commenced in the City of Vancouver.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Locumunity fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that Your account is non-transferable and any rights to Your ID and/or contents within Your account shall terminate upon Your death. Upon receipt of a copy of a death certificate, Your account may be terminated, and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to Locumunity as follows: Mailing Address: 4th Floor, 610 Main St, Vancouver, BC V6A 2V3, Canada; Locumunity Email: [email protected]