This Agreement governs the terms between you and Wellspring Medical Resources ("Wellspring") and your interaction with the WellspringMed.com community through usage of the web site located at www.WellspringMed.com (the "Site") or via any other activity between you and Wellspring or other users involved with the Site as it relates to the creation, submission or use in any other manner of information submitted to or used from the Site.
This Agreement contains many important provisions that might affect your rights and obligations. Your use of the Site means you agree to the following terms and conditions. If you do not agree with these terms and conditions, you should:
- Leave this website immediately; and
- Not use the files herein.
- "You" means you, the user;
- "Wellspring" or "we" means, Wellspring Medical Resources;
- "Site" means the website located at www.WellspringMed.com;
- "Content" means any idea submitted to or used from the Site or other material on the Site.
- "Permitted Use" means use of the Content for those specified purposes contained in this Agreement. You may use the Content for personal use or for employment searching or posting purposes unless you have been prohibited from such use by Wellspring. However, you agree that your use of the Content will not in any way be contrary to applicable local, national, and international laws and regulations.
You shall be solely responsible for your own use of Content provided on the Site. Wellspring reserves the right to remove Content without prior notice
THE CONTENT ON Wellspring's WEBSITE IS PROVIDED "AS IS" WITHOUT REPESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Wellspring DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT Wellspring) ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS.
Certain jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from jurisdiction to jurisdiction.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
YOU SPECIFICALLY ACKNOWLEDGE THAT Wellspring SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY OF Wellspring UNDER THIS AGREEMENT, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF ANY OR ALL OF THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE FEES ACTUALLY PAID BY YOU TO Wellspring UNDER THIS AGREEMENT IN RESPECT OF THE USE OR PURCHASE OF DERIVATIVE WORKS OF THE RELEVANT CONTENT.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Wellspring's failure 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.
This Agreement is personal to you and is not assignable by you without Wellspring' prior written consent. Wellspring may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms.
If any provision of this agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in effect
This Agreement will be governed under the laws of the State of Massachusetts and the federal laws of the United States of America applicable therein (without reference to conflicts of laws principles).
If you have any questions, comments, suggestions, or recommendations, please feel free to contact us.