BIOCOM Terms of Use

This page states the "Terms and Conditions" under which you may use BIOCOM (the "Web Site") and any services or information available on the Web Site. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this web site and service. By using this web site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. BioSpace Inc., Inc., d/b/a BioSpace HireHealth ("BioSpace HireHealth") may revise these Terms and Conditions at any time by updating this page. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. If at any time you find the Agreement unacceptable you should no longer use the Web Site. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason and include, but are not limited to, "Job Seekers" (posting resumes and seeking employment opportunities) and "Employers" (posting job opportunities and seeking candidates for employment).

Use of Materials.

BioSpace HireHealth authorizes you to view the Material (defined below) on BIOCOM (the "Web Site") solely for the purpose of locating and recruiting potential employees (if you are an Employer) or for the purpose of seeking employment opportunities (if you are a Job Seeker). You may not "scrape" or view and use the Materials (defined below) for any purposes other than expressly allowed in these Terms of Use. BioSpace HireHealth may deny your right to use the Material or Site at any time, for any reason (in which case, you would receive a refund for any amounts paid for services not yet rendered if you were in compliance with these Terms of Use when Company denied your right of continued use of the Material or Site). The content of this Web Site, such as text, graphics, images, logos, button icons, and User Content (as defined below) (collectively, "Material") is protected under both United States and foreign copyright, trademark and other laws. All Material is the property of BioSpace HireHealth, its content suppliers or users. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of BioSpace HireHealth and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose not expressly authorized in these Terms of Use. You may not "frame" the Materials or display the Material through any other URL or in conjunction with another company name or trademark. You shall not copy the HTML code that BioSpace HireHealth creates to generate its Web pages. All companies or individuals that recruit for employers or submit resumes on behalf of Job Seekers are prohibited from using this Website.

Web Site Use.

You may use this Site as expressly allowed in these Terms of Use. You may not allow third parties to use this Site for any reason. You may not decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site. You may not violate or attempt to violate the security of the Web Site, including, without limitation, unauthorized access of data; circumventing authentication mechanisms; or interfering with the Site in any way.

Registration & User Information.

BioSpace HireHealth may require that you register and provide BioSpace HireHealth with certain information including, name, mailing address and a valid email address (your "User Information"). BioSpace HireHealth will not disclose to any third party your name, mailing address, e-mail address or telephone number without your prior consent except as provided in these Terms of Use, to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. BioSpace HireHealth reserves the right to offer third party services and products to you based on the preferences that you provide in your registration and at any time thereafter; such offers may be made by BioSpace HireHealth or by third parties.

User Content.

Users are responsible for their communications and postings that include, but are not limited to, resumes and job postings ("User Content"). BioSpace HireHealth does not have an obligation to assess or guarantee the accuracy or appropriateness of the communications or postings (even if Company elects in its discretion to attempt to do so). You agree not to send communications or make postings that infringe or breach another party's intellectual property rights, contract rights or other rights (including copyrights, trademark rights or trade secret rights). You agree not to send inappropriate communications or make inappropriate postings, including but not limited to, communications and postings that are obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, sexually-explicit, solicitations of business, chain letters or pyramid schemes. BioSpace HireHealth is not responsible for any User Content or actions or omissions in response to User Content. By submitting User Content, you grant BioSpace HireHealth and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, distribute, display and create derivative works from, distribute, communicate to the public, perform and display the User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form for the full term of any rights that may exist in such content or User Information, except as otherwise expressly prohibited in these Terms of Use. You also warrant that you have the right through ownership, license or consent to submit the User Content and User Information to be used in accordance with these Terms of Use. Subject to the foregoing, the owner of such User Content and User Information retains any and all rights that may exist in such content. BioSpace HireHealth may elect to, in its sole discretion, investigate and take action based on allegations by a party that another party violated these Terms of Use (however, BioSpace HireHealth is not required to do so). BioSpace HireHealth need not verify or assess the accuracy of any User Content or User Information.

Registration and Password.

You are responsible for maintaining the confidentiality of your information and password. You may not share your password with others (except that a company may share its password with authorized employees of BioSpace HireHealth). You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify BioSpace HireHealth of any unauthorized use of your registration or password.

Indemnity.

If you breach any provision of this agreement, BioSpace HireHealth may: discontinue your BioSpace HireHealth services and/or pursue all available remedies to enforce this agreement and obtain payment hereunder. Unless otherwise specified, job posting access and resume access is limited to licensed members only (A licensed member is defined as one unique user with one unique password). Client may not sell, distribute or transfer the right to post jobs or view resumes to any third party. You may not decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site. You may not use unauthorized browsers, robots, spiders or any other software to circumvent Web Site functionality to view or download data. You may not violate or attempt to violate the security of the Web Site, including, without limitation, unauthorized access of data; circumventing authentication mechanisms; or interfering with the Site in any way. You are responsible for maintaining the confidentiality of your information and password. You may not share your password with others (except that a company may share its password with authorized employees of BioSpace HireHealth). You shall be responsible for all uses of your membership, whether or not authorized by you. You agree to immediately notify BioSpace HireHealth of any unauthorized use of your membership or password and/or in the event of departure of any person to whom a password was provided. You expressly agree to defend, indemnify and hold harmless BioSpace HireHealth and its officers, directors, employees, agents, shareholders, representatives, subsidiaries, affiliates and assigns from and against any and all losses, costs, claims, suits, obligations, demands, damages, liabilities and expenses (including, but not limited to, court costs, reasonable attorney, paralegal and expert witness fees) arising in connection with the breach of the Agreement, your use of the Web Site or the breach of any third party intellectual property rights, REGARDLESS OF THE SOLE AND/OR COMPARATIVE NEGLIGENCE OR OTHER FAULT OR RESPONSIBILITY OF BIOSPACE HIREHEALTH OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES AND ASSIGNS. Such indemnity shall continue in full force and effect notwithstanding the termination of the Agreement or your discontinuance of use of the Web Site. BioSpace HireHealth reserves the right to cancel such password and issue a new password in lieu thereof. Unless otherwise specified, your membership will automatically renew monthly, quarterly or annually. Prices are subject to change without notice. Any jobs posted to the BioSpace HireHealth Web Site in excess of the amount provided in this agreement will be billed to You and shall be payable by You in accordance with BioSpace HireHealth’s then prevailing rate for such job postings.

Links.

The Web Site contains links to third party web sites as a convenience. BioSpace HireHealth is not responsible for the content of linked third-party sites and does not make any representations regarding the content 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.

No Resale or Unauthorized Use.

You agree not to resell or assign your rights or obligations under these Term of Use. You also agree not to make any unauthorized use of the Web Site.

Limitation of Liability & Disclaimer of Consequential Damages.

The aggregate liability for BioSpace HireHealth, affiliates, or employees or agents of BioSpace HireHealth to you for all claims arising from or related to the use of the Materials, user content or other goods or services provided through the Web Site is limited to $100. IN NO EVENT SHALL BIOSPACE HIREHEALTH, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BIOSPACE HIREHEALTH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination.

BioSpace HireHealth reserves the right, at its sole discretion, to terminate your use of the Web Site at any time for any reason, in which case, you would receive a refund for any amounts paid for services not yet rendered if you were in compliance with these Terms of Use when Company denied your right of continued use of the Material or Site. To the maximum extent allowed by law, BioSpace HireHealth may deny any company or person the right to use the Material or Web Site.

General.

BioSpace HireHealth makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site 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 Delaware, without respect to its conflict of laws principles. Jurisdiction and venue for any claims arising under this agreement shall lie exclusively with the state or federal courts within the State of Delaware. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. 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 otherwise, these Terms and Conditions constitute the entire agreement between you and BioSpace HireHealth with respect to the use of Web Site, the Materials, User Information and User Content. No changes to these Terms and Conditions shall be made except by a revised posting on this page.