These Terms and Conditions of Use (“Agreement”) is a legal agreement between you and Hayes Locums, LLC (“Website Owner”), the owner and developer of www.hayeslocums.com and each of its subdomains, subdirectories, and file paths (“the Website”). By registering for any service provided on the Website, you become a client (“Client”) and you agree to be bound by all of the terms (“Terms”) set forth in this Agreement as long as you remain a Client. If you do not agree to the Terms, do not register for any service of Hayes Locums, LLC or the Website. The Terms are subject to change at any time, effective upon notice to you.
By clicking the “I agree” button related to Website Owner’s Terms and Conditions, you agree that you have read, understand, and agree to be bound by the Terms. The most current version of the Terms, which supersedes all previous versions, can be reviewed at www.hayeslocums.com/legal/terms-of-use. Website Owner reserves the right, with or without notice, to make changes to the Terms at its sole discretion. Your continued use of any part of the Website or any service constitutes your acceptance of such changes. You should review this Agreement periodically to determine if any changes have been made.
All of the Terms of this Agreement are fully binding on you, including the following:
Client agrees that the Website, Website Owner, its subsidiaries, affiliates, licensors, licensees, service providers, employees, agents, officers, and directors will not be liable under this Agreement for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if Website Owner or the Website has been advised of the possibility of such damages, such damages were reasonably foreseeable, or Website Owner was grossly negligent. In no event will the collective liability of the Website, Website Owner, and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, regardless of the form of action (whether in contract, tort, or otherwise), exceed the fees paid by Client to Website Owner for the applicable service out of which such liability arose. In jurisdictions that do not permit the exclusion or limitation of liability for consequential or incidental damages, liability will be limited to the greatest extent permitted by law.
Client agrees to indemnify and hold Website Owner, its subsidiaries, affiliates, licensors, service providers, employees, agents, officers, directors, and contractors (“Indemnified Parties”) harmless from any breach of the Terms of this Agreement by Client. Client agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use of the Website or any information obtained from or through the Website, and agrees to indemnify all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties. Client will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Client’s use of the Website and any information accessed from it.
Opinions, advice, statements, or other comments should not necessarily be relied upon and are not to be construed as professional advice from the Website or Website Owner. The Website and Website Owner do not guarantee the accuracy or completeness of any of the information provided and are not responsible for any loss resulting from reliance on such information.
It is possible that by using your email address, other people may, through means outside the control of the Website, have access to personal information about you. The Website, Website Owner, its employees, agents, affiliates, licensees, and web hosting services are not responsible for these transmissions or for the release of such information by others.
All personal information given to the Website or Website Owner will be kept confidential, except in the following cases: (1) you choose to post your personal information publicly; (2) you send a message to another client, which will disclose your email address; or (3) you harass another person via any service provided by the Website, in which case the confidentiality clause is rendered null and void. You are prohibited from using services or facilities provided in connection with this Website to compromise security or tamper with systems, resources, or accounts. The use or distribution of tools designed for compromising security is prohibited. If you become involved in any violation of system security, Website Owner reserves the right to release your account details to system administrators at other websites or authorities. Website Owner reserves the right to investigate suspected violations and to cooperate with law enforcement or court orders requesting disclosure of identity related to materials believed to violate this Agreement.
You acknowledge that the Website and any software or programs used in connection with it contain proprietary and confidential information owned by Website Owner and protected by applicable intellectual property and other laws. No rights or title to any such information or software are provided, transferred, or assigned to you. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on Website services or software, in whole or in part. Trademarks, service marks, logos, and copyrighted works appearing on the Website are the property of Website Owner. No rights in these materials are transferred or assigned to you.
The use of the Website and any service it provides is at your sole risk. The Website and its services are provided on an “as is” and “as available” basis. Website Owner expressly disclaims all warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Website Owner makes no warranty that the services will meet your requirements, be uninterrupted, timely, secure, or error-free; that the results will be accurate or reliable; that the quality of services will meet your expectations; or that any errors in software will be corrected.
This Agreement and any disputes are governed by Florida law, without regard to conflict-of-law provisions. Any lawsuit arising from or related to this Agreement shall be brought exclusively in the United States District Court for the Southern District of Florida, and you consent to that jurisdiction. To the extent permitted by law, Client waives any right to trial by jury with respect to any claim, counterclaim, or action arising from this Agreement. Any claim or cause of action arising out of or related to use of the Website or this Agreement must be filed within one (1) year after it arose.
If any part of this Agreement is found unlawful, void, or unenforceable, that part will be severable and will not affect the validity and enforceability of remaining provisions. The unenforceable provision will be modified to be valid and enforceable while giving fullest effect to the original intent.
You must be at least 18 years of age to register, access, or use any Website service. If you are under 18, do not use this Website. Your name, address, and email address are confidential, except as provided above.
This Agreement constitutes the entire agreement among the parties regarding the Website and its services and supersedes all prior or contemporaneous communications and proposals (electronic, oral, or written). You may also be subject to additional posted terms, policies, guidelines, or rules when you use the Website or its services. Website Owner may revise these Terms at any time, effective upon posting. Your continued use after changes signifies acceptance.
The failure of the Website or Website Owner to exercise or enforce any right or provision does not operate as a waiver. Any waiver must be in writing and signed by an authorized representative of Website Owner.
Contact us
If you have questions regarding this Agreement, please contact Hayes Locums for questions.