Welcome to M.D./alert ("M.D./alert.com" or the "Site"). This Site is operated by Alert Marketing, Inc. ("Alert") through its affiliate Jobson Healthcare Information, LLC ("JHI"), which provides IT services to Alert. Alert and JHI may be referred to jointly as "we," but only Alert is responsible for the Site Content (which term is defined below).
These TOU will remain in full force and effect as long as you use the Site. We have the right to investigate any allegations that you have violated these TOU that come to our attention and to take whatever action we think is necessary or appropriate to remedy such violations, including, without limitation, deactivating your registration.
Alert owns all trademark rights in the M.D./alert name and logo; all patent rights in the Site; and all copyrights and other rights in the content of Alert’s that appears on the Site (all together, "Alert Intellectual Property"). Each news article (a "News Item") is owned by the publisher of such News Item. Each job listing (a "Job Posting") is owned by the company that posted it (each, an "Employer"), and together with any other content posted by such Employer constitutes "Employer Intellectual Property." Other entities, including affiliates of Alert, own their respective trademarks, service marks, and content ("Other Third-Party Intellectual Property").Alert Intellectual Property, News Items, Employer Intellectual Property, and Other Third-Party Intellectual Property together constitute "Site Content."
If you believe that User Content that you own has been posted on the Site without your permission, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent can be reached as follows: General Counsel, Jobson Healthcare Information LLC, 100 Avenue of the Americas, New York, New York 10013.
You are solely responsible for your communication and interaction with any Employer. If there is a dispute between you and any Employer, Alert is under no obligation to become involved. You hereby release Alert, JHI, and their parents, subsidiaries and affiliates, and their officers, employees, agents, and successors in interest from claims, demands, and damages (actual and consequential) of every kind or nature, including death, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Site. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
You represent and warrant that you have the right, authority, and capacity to enter into and abide by these TOU.
M.D./ALERT.COM IS MADE AVAILABLE TO YOU "AS IS." ALERT EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT OF THE LAW ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO (i) THE RELIABILITY, COMPLETENESS OR ACCURACY OF ANY SITE CONTENT; (ii) THE RELIABILITY, COMPLETENESS OR ACCURACY OF ANY NEWS ITEM ON THE SITE; OR (iii) THE ABILITY OF ANY EMPLOYER TO OFFER ANY JOB THAT IS POSTED IN ANY JOB POSTING TO YOU OR YOUR ABILITY TO PERFORM ANY JOB FOR WHICH YOU APPLY AFTER SEEING A JOB POSTING. ALERT DOES NOT SCREEN THE EMPLOYERS WHO POST JOB POSTINGS ON THE SITE. ALERT ALSO DISCLAIMS ANY WARRANTY OF ANY KIND RELATING TO THE RESULTS OF YOUR USE OF OR INTERACTION WITH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SITE WILL OPERATE CONTINUOUSLY OR ERROR-FREE ON YOUR OPERATING SYSTEM OR THAT ANY USER CONTENT ON THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow the disclaimer of implied warranties, so some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
You will indemnify and hold harmless Alert, its parent, subsidiaries, affiliates, officers, agents, and other partners and employees from any loss, liability, claim, demand, fees, and expenses, including reasonable attorney's fees made by any third party (which means anyone other than you or Alert) due to or arising out of your use of the Site, including, without limitation, any claim arising from your breach of these TOU. This obligation will survive termination of this Agreement, which means that even after you stop using the Site, you will still be bound.
UNDER NO CIRCUMSTANCES WILL ALERT OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF ALERT OR SUCH SUBSIDIARY OR AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE; YOUR INABILITY TO USE THE SITE; THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE; ACTIONS TAKEN OR NOT TAKEN, OR STATEMENTS MADE, BY ANY EMPLOYER WITH WHOM YOU COMMUNICATE OR CONSULT AS A RESULT OF SEEING A JOB POSTING ON THE SITE; OR OUT OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted, so some of the foregoing limitations may not apply to you.
You agree that (i) the Site shall be deemed solely based in New Jersey; and (ii) the Site shall be deemed a passive Site that does not give rise to personal jurisdiction over Alert, either specific or general, in jurisdictions other than New Jersey. If you have any dispute with us, the dispute will be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You hereby submit to personal jurisdiction by and venue in the state and federal courts of Newark, New Jersey. Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to use of the Site or the TOU must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.
Our failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of the TOU invalid, the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU will remain in full force and effect.
These TOU were last changed on March 12, 2015.