Tact Medical Staffing Terms and Conditions

The following are the terms and conditions that govern your use of theTactStaff.com website (“Site”), and the content, information and services provided through this Site. Each time you access, browse and/or use this Site, you acknowledge that you have read these Terms of Use (“Agreement”), understand them, and agree to be bound by them.

BY ACCESSING, USING THIS SITE, YOU SIGNIFY YOU HAVE THE LEGAL AUTHORITY TO AGREE TO AND ACCEPT THE TERMS OF THIS AGREEMENT ON BEHALF OF YOURSELF AND ALL THOSE PERSONS/ENTITIES THAT YOU REPRESENT AND THAT YOU AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT, OR ARE NOT AUTHORIZED TO AGREE TO AND ACCEPT THEM, YOU ARE NOT TO USE THIS SITE.

THE TERMS OF THIS AGREEMENT SHALL BEGIN ON THE DAY THAT YOU START USING THIS SITE. EACH TIME YOU ACCESS THIS SITE THE TERMS OF USE AS THEY THEN READ WILL GOVERN. TACT MEDICAL STAFFING CORP. (“TACT MEDICAL”) RESERVES THE RIGHT TO MAKE CHANGES AND UPDATES TO ANY INFORMATION CONTAINED WITHIN THIS SITE WITHOUT PRIOR NOTICE. TACT MEDICAL MAY ALSO MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCTS AND SERVICES DESCRIBED IN THIS INFORMATION AT ANY TIME WITHOUT NOTICE. BY USING THIS SITE, YOU AGREE TO BE BOUND BY ANY SUCH REVISION AND SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO DETERMINE THE THEN-CURRENT TERMS OF USE TO WHICH YOU ARE BOUND.

This Site may only be accessed and used by individuals who are over the age of eighteen and can enter into legally binding contracts. Persons using this Site agree that they will not use this Site or any information obtained from the Site for any purpose that is unlawful or prohibited by the terms set forth herein. You represent and warrant to Tact Medical that you will not use this Site for any purpose that is unlawful, violates any third party’s rights, or is prohibited by this Agreement.

You represent that all communications that you submit through this Site by e-mail are true, accurate and complete. You acknowledge that Tact Medical and its subsidiaries and affiliates may rely upon the truth, accuracy and completeness of any such communications and the information that you disclose may be processed, disclosed and responded to by Tact Medical.

Restrictions on Use of Materials

Except as otherwise indicated, all information, text, graphic images, logos, features, or functions, and materials in this Site are Copyrighted and All Rights Are Reserved. Text, graphics, databases, HTML code, and other intellectual property are the property of Tact Medical and are protected by United States and international copyright, trademark and other laws, and may not be copied, imitated, reproduced, reprinted, republished, reengineered, uploaded, translated, transmitted, modified, indexed, catalogued, mirrored, hosted, or otherwise distributed by any means in whole or in part without the express prior written permission of Tact Medical. All of the names, trademarks on this Site are trademarks of Tact Medical or of other owners and are used with their permission. The absence of an identification of a third party mark or the lack of attribution of ownership of such mark on this Site should not be construed as any claim of rights by Tact Medical. BY FURNISHING INFORMATION ON THIS SITE, TACT MEDICAL DOES NOT GRANT ANY LICENSE TO ANY TRADEMARKS, COPYRIGHTS, LOGOS OR OTHER INTELLECTUAL PROPERTY RIGHTS.

Database Ownership, License, and Use

Tact Medical warrants, and you accept, that Tact Medical is the owner of the copyright of the Databases of Links to articles and resources available from time to time through http://www.tactstaff.com. Tact Medical and its contributors reserve all rights and no intellectual property rights are conferred by this Agreement. The database may contain links to web sites operated by third parties.

Tact Medical grants you a non-exclusive, non-transferable license to use database(s) accessible to you subject to these terms and conditions. The database(s) may be used only for viewing information or for extracting information to the extent described below.
You agree to use information obtained from Tact Medical’s and the Site’s databases only for your own private use or the internal purposes of your home or business, provided that is not the selling or brokering of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the databases (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise.

Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for these purposes only. Nothing herein shall authorize you to create any database, directory or hard copy publication of or from the databases, whether for internal or external distribution or use.

Liability

THE USE OF THIS SITE IS AT YOUR OWN RISK. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. TACT MEDICAL (TACTSTAFF.COM) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TACT MEDICAL (TACTSTAFF.COM) DOES NOT WARRANT THAT THE FUNCTIONS AND THE MATERIALS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER HARMFUL OR DESTRUCTIVE COMPONENTS. TACT MEDICAL. (TACTSTAFF.COM) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. YOU, AND NOT TACT MEDICAL (TACTSTAFF.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY TACT MEDICAL, SHALL TACT MEDICAL (TACTSTAFF.COM) BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES INCLUDING SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, COSTS OR LOSSES WHETHER THEY RESULT FROM CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER THEORY OF LAW OR EQUITY THAT ARISES FROM OR ARE CONNECTED WITH, OR ARE AS A RESULT OF THE USE, LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR LOSS OF PROFITS (ACTUAL OR ANTICIPATED), ECONOMIC LOSS, THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, OR ANY FAILURE OR DELAY BY TACT MEDICAL (TACTSTAFF.COM) EVEN IF TACT MEDICAL (TACTSTAFF.COM) OR A TACT MEDICAL (TACTSTAFF.COM) AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FAULT OR WRONGDOING BY TACT MEDICAL (TACTSTAFF.COM). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TACT MEDICAL (TACTSTAFF.COM)'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

Facts and information at this Site are believed to be accurate at the time they were placed on the Site. Changes may be made at any time without prior notice. All data provided on this Site is to be used for information purposes only. The information contained on this Site and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. Tact Medical (TactStaff.com) does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Site. You acknowledge that any reliance on any such opinion, advice, statement, or other information is at your sole risk. The services described on this Site are only offered in jurisdictions where they may be legally offered. Information provided in our Site is not all-inclusive, and is limited to information that is made available to Tact Medical (TactStaff.com) and such information should not be relied upon as all-inclusive or accurate.
Any information, including remarks, suggestions, ideas, graphics or other submissions, communicated to Tact Medical (TactStaff.com) using this Site become the sole and exclusive property of Tact Medical and may be used by Tact Medical (TactStaff.com)for any purpose without restriction.

Links and Marks

Tact Medical is not necessarily affiliated with sites that may be linked to this Site and is not responsible for their content. The links are provided for reference and for convenience purposes only. You access them at your own risk. Links to other websites or references to products, services or publications other than those of Tact Medical (TactStaff.com) and its subsidiaries and affiliates at this Site, do not imply the endorsement or approval of such websites, products, services or publications or any association by Tact Medical (TactStaff.com) or its subsidiaries and affiliates with their operators.
Certain names, graphics, logos, icons, designs, words, titles or phrases at this Site may constitute trade names, trademarks or service marks of Tact Medical (TactStaff.com) or of other entities. The display of trademarks on this Site does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject you to legal action.

Confidentiality of Codes, Passwords and Information

You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from Tact Medical (TactStaff.com), and all information to which you have access through password-protected areas of Tact Medical’s. (TactStaff.com) Site and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.

Other Legal Stuff

These Terms of Use will apply to every access to http://www.tactstaff.com. Tact Medical (TactStaff.com) reserves the right to issue revisions to this Agreement by publishing a revised version of this document on this Site: that version will then apply to all use by you following the date of publication. Each access of information from Tact Medical (TactStaff.com) will be a separate, discrete transaction based on the then prevailing terms.
Tact Medical makes no representations that information on this Site is appropriate to use outside of the United States. If used outside of the United States, it is used at your own initiative and those using are responsible for compliance with local laws, if any. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.

This Agreement and the license granted may not be assigned or sublet by you without Tact Medical’s prior written consent.
Tact Medical and its website, TactStaff.com are controlled, operated and administered entirely within New York. This Agreement and the use of this Site shall be governed by, construed and enforced in accordance with the laws of the State of New York, USA, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate Tact Medical (TactStaff.com) and/or its affiliates' intellectual property rights, Tact Medical and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of New York, USA, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:
If a dispute arises under this Agreement or concerning the Site or in which this Agreement and/or the Site are a material fact, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: New York, NY, USA. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: New York, NY, USA, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

If any provision of this Agreement is invalid, or unenforceable in whole or in part, pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect.

This Agreement contains the entire agreement between you, the user and Tact Medical with respect to this Site. It supersedes all prior existing communications and proposals, whether electronic, oral or written between you, the user and Tact Medical with respect to this Site.

Notwithstanding anything to the contrary contained herein, the provisions of this Agreement will survive any termination or suspension to the extent necessary to provide each party the intended preservation of their rights and obligation and as is necessary for the interpretation or enforcement of those provisions and they will remain in full force and effect and be binding upon the parties as applicable.

Termination

If you breach any of the terms of this Agreement, you may no longer use this Site.
Tact Medical (TactStaff.com) reserves the right, in its sole and absolute discretion, at any time and without notice, to: (a) change, suspend or terminate temporarily or permanently the Site or any part thereof; (b) terminate, suspend or restrict in whole or in part your access to or use of the Site. If you choose to terminate your access or use of the Site, this Agreement and all other agreements that you have with Tact Medical (TactStaff.com) will continue to be binding regarding your prior access and use of the Site and anything connected thereto, arising out of or resulting therefrom; and (b) to the extent that Tact Medical (TactStaff.com) has received personal information from you, it may continue to use such information in accordance with its Privacy Policy.

Hiring Policies

Tact Medical Staffing is an Equal Employment Opportunity employer and is committed to the principles of equal employment opportunity with respect to hiring, promoting, compensation and all other terms and conditions of employment without regard to race, color, religion, national origin, gender, age, sex, sexual orientation, marital status, veteran status, mental or physical disability and genetic information or other basis protected by applicable law.