| ||PLEASE READ THIS AGREEMENT CAREFULLY.
BY ACCESSING, browsing, or using this Web site, you agree to be bound by the terms and conditions described herein and all documents, policies and guidelines incorporated by reference. This Agreement does not alter in any way the terms or conditions of any other written or online agreement you may have or will have with AMN Healthcare. AMN Healthcare reserves the right to change or modify any of the terms and conditions contained in this Agreement or in any policy or guideline referenced herein at any time and in its sole discretion. If the Agreement is changed, AMN Healthcare will post the new terms on the Web site and change the version number accordingly. Any changes or modifications will be effective upon posting of the new Agreement on the Web site as revised. Your access to and use of the Web site following the posting of such changes or modifications will constitute your acceptance of the Agreement as revised.
2. WEB SITE ACCESS & LIMITED LICENSE TO USE
AMN Healthcare grants you a limited license to access and make personal, non-commercial use only of the Web site. Any other copying, redistribution, retransmission, or publication of any downloaded material is strictly prohibited without the express written consent of AMN Healthcare. Such grant does not include, without limitation: (a) resale or commercial use of the Web site or content therein; (b) collection or use of any product or service listings or descriptions; (c) derivative uses of the Web site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of AMN Healthcare or any third party. You may not use, frame, or utilize framing techniques to enclose any AMN Healthcare trademark, logo or other proprietary information (including the images found at this Web site, the content of any text or the layout/design of any page or form contained on a page) without the AMN Healthcare's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing an AMN Healthcare name, trademark, or product name without AMN Healthcare's express written consent.
All content, copyrighted and copyrightable materials on this Web Site, including, without limitation, the AMN Healthcare logo, design, text, graphics, pictures, and any other files, and the selection and arrangement thereof ("Materials") are ALL RIGHTS RESERVED Copyright © 2004 AMN Healthcare or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of AMN Healthcare or the respective copyright owner. Permission is granted to display, copy, distribute, and download the Materials on this Web site for personal, non-commercial, and informational use only, provided that, you may not, without the written permission of AMN Healthcare or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, or (c) remove or alter any copyright and other proprietary notices contained in the Materials.
4. TRADEMARKS AND SERVICE MARKS
"AMN Healthcare," all other AMN Healthcare marks and logos, and AMN Healthcare products and services described in this Web site, are either trademarks, service marks or registered trademarks of AMN Healthcare or its licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of AMN Healthcare or its licensors. Furthermore, all page headers, AMN Healthcare custom graphics, button icons, and scripts are either service marks, trademarks, and/or trade dress of AMN Healthcare, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of AMN Healthcare. AMN Healthcare trademarks, service marks and trade dress may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits AMN Healthcare.
5. SERVICE DESCRIPTIONS
AMN Healthcare and third parties offering information or services on the Web site attempt to be as accurate as possible. However, AMN Healthcare does not warrant that information and service descriptions, or other content on this Web site is accurate, complete, reliable, current, or error-free. Despite our efforts, it is possible due to computer or other error or cause that a product or service offered on the Web site may be priced incorrectly or contain an inaccuracy in its description. In the event AMN Healthcare determines that information or a service contains an inaccurate description, AMN Healthcare reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error. You agree to comply with any corrective action taken by AMN Healthcare.
6. SUBMISSION OF INFORMATION
(1) "AS IS" AND "AS AVAILABLE" BASIS. THIS WEB SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS WEB SITE. YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS WEB SITE, IS AT YOUR SOLE RISK AND RESPONSIBILITY. (2) WARRANTY DISCLAIMER. AMN HEALTHCARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE WEB SITE. AMN HEALTHCARE DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, SUBJECT TO CORRECTION OR THAT ANY SUCH MATERIALS AVAILABLE FOR DOWNLOAD FROM THE WEB SITE ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. AMN HEALTHCARE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE AMN HEALTHCARE ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE WEB SITE IS SAFE, AMN HEALTHCARE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR ITS SERVER(S) WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD PARTY HACKERS OR DENIAL OF SERVICE ATTACKS) OR OTHERWISE MEET CUSTOMER'S REQUIREMENTS. AMN HEALTHCARE RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT CONTAINED ON THIS WEB SITE AT ANY TIME WITHOUT NOTICE. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF BY AMN HEALTHCARE. (3) YOUR RESPONSIBILITY AND RISK IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED ON OR THROUGH THE WEB SITE OR ON THE INTERNET GENERALLY. THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. AMN HEALTHCARE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL AMN HEALTHCARE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR INABILITY TO USE THE WEB SITE OR THE CONTENT, MATERIALS, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE WEB SITE, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR THE CONTENT, MATERIALS, INFORMATION, PRODUCTS OR SERVICES ON OR AVAILABLE THROUGH THE WEB SITE, EVEN IF AMN HEALTHCARE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein. In such states, AMN Healthcare's liability is limited to the greatest extent permitted by law.
By accessing this Web site, you agree to indemnify, defend and hold harmless AMN Healthcare, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Web site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
10. THIRD PARTY RIGHTS
The provisions of the paragraphs entitled Third-Party Products and Services, Product and Service Descriptions and Pricing, Disclaimers, Limitation of Liability, and Indemnification are for the benefit of AMN Healthcare and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Web site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
11. APPLICABLE LAW, VENUE & LIMITATION OF ACTIONS
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Texas, applicable to agreements made and entirely to be performed within the State of Texas, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Dallas, Texas, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions. Any cause of action or claim you may have with respect to the Web site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
Notwithstanding any of these terms and conditions, this Agreement may be terminated by either party without notice at any time for any reason, provided that you may no longer access or use the Web site after this Agreement has been terminated. The provisions of the paragraphs entitled Copyright, Trademarks and Service Marks, Third Party Content, Submissions, Export Restrictions, Disclaimers, Limitation of Liability, Indemnification, Third Party Rights, Applicable Law, Venue and Limitation of Actions, Termination, Severability, Enforceability and Admissibility and Miscellaneous shall survive any termination of this Agreement.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
14. ENFORCEABILITY & ADMISSIBILITY
This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (a) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; (b) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (c) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents that are introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
The failure of AMN Healthcare to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. AMN Healthcare may assign its rights and duties under this Agreement to any party at any time without notice to you. Effective as of August 1, 2004.