TERMS OF SERVICE
TransplantProfessionals.com

IMPORTANT: These Terms of Service constitute a legally binding agreement between you and TransplantProfessionals.com. Please read this document carefully. If you wish to receive the services provided by TransplantProfessionals.com (the "Services"), you must agree to these Terms of Service without modification by you. These Terms of Service are subject to change by TransplantProfessonals.com, and any such changes will become effective fourteen days after you receive notice from TransplantProfessionals.com at the email address you provide when registering for the Services. Your continued use of the Services after that time will constitute your acceptance of these Terms of Service as amended.

Services Provided

TransplantProfessionals.com is a Web site and corresponding consultancy for purposes of recruiting and placing transplantation professionals worldwide. It facilitates and enhances employment-related processes through a portfolio of interrelated services, including the following:
(1) Employers can independently post positions for which they are actively recruiting staff members.
(2) Upon payment of a monthly membership fee, or a limited access fee (24 hours), potential candidates can search the available position postings, and directly reply to potential employers on their own behalf.
(3) If appropriate, and for an additional fee, TransplantProfessionals.com may actively participate in the recruitment and placement process by serving as an intermediary or agent between employers and candidates.
(4) As a subsidiary activity, TransplantProfessionals.com provides bespoke services under the name TransplantConfidential™, including the maintenance of a confidential database of professionals not actively seeking positions but, who, under appropriate circumstances, may consider a more favorable position with another employer. The employment-related services associated with TransplantConfidential™ are referred to as the Transplant Confidential Preferred Placement Service™, while the database associated with these services is referred to as the Transplant Confidential Preferred Placement List™. A second employment-related service, which is exclusively provided to junior faculty and trainees, is referred to as the Junior Faculty/Trainee Preferred Placement Service™, and its corresponding confidential database is referred to as the Junior Faculty/Trainee Preferred Placement List™.
(5) Lastly, TransplantProfessionals.com offers a full-range of custom-tailored consulting services to hospitals and transplant centers, as well as the transplant industry.

Employer Registration

If you are an employer (e.g., hospital or medical center) looking to use the Services, this section applies to you. You must register and provide certain information, including a username, password, valid email address, name, address and telephone number ("Registration Data"). You agree to provide accurate Registration Data and to update your Registration Data as necessary to keep it accurate. You agree that you will not allow others to use your username, password and/or account and you are solely responsible for maintaining the confidentiality and security of your account. You agree to notify TransplantProfessionals.com immediately of any unauthorized use of your password and/or account.

Job Seeker Membership

If you are a job seeker looking to use the Services, this section applies to you. You must register and provide certain information, including a username, password, valid email address, name, address and telephone number ("Membership Data"). You agree to provide accurate Membership Data and to update your Membership Data as necessary to keep it accurate. You agree that you will not allow others to use your username, password and/or account and you are solely responsible for maintaining the confidentiality and security of your account. You agree to notify TransplantProfessionals.com immediately of any unauthorized use of your password and/or account.

Billing and Payment

Fees for the Services are charged in advance and must be paid before the Services are rendered. Upon your registration for or joining of the site, and before content to be posted to the site is accepted, you will be directed to a page where payment by credit card for the Services will be accepted. You agree to pay the amounts shown on that page for the particular services you have selected. TransplantProfessionals.com may offer automatic billing in connection with automatic renewal. If you elect to have payments automatically charged to you in this manner, you agree to pay all amounts due as will be shown to you during the signup process. No refunds will be given.

Term and Termination

As a position seeker, you may join as a member for an initial one month period, or you may choose limited access for 24 hours. TransplantProfessionals.com may offer the option for memberships to be automatically renewed on a month-to-month basis. Your membership shall automatically terminate on its expiration. If you elect to have your membership automatically renewed, such renewals will continue on a month-to-month basis unless and until you cancel your membership within ten days prior to the next date for automatic renewal. You may cancel your membership by sending an email to revans@transplantprofessionals.com.

Employers registering to post positions may select the duration for which the posting will appear. The minimum duration for a posting shall be one month.

TransplantProfessionals.com may terminate your membership or registration for any violation of these Terms of Service.

No Warranties

THE INFORMATION CONTAINED ON TRANSPLANTPROFESSIONALS.COM IS PROVIDED "AS IS" AND "AS AVAILABLE". TRANSPLANTPROFESSIONALS.COM DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE  INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE INFORMATION. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, IS GIVEN FOR THE INFORMATION CONTAINED ON TRANSPLANTPROFESSIONALS.COM. NO PROMISE OR GUARANTEE IS MADE BY TRANSPLANTPROFESSIONALS.COM CONCERNING THE AVAILABILITY OF EMPLOYMENT.

Limitation of Liability

IN NO EVENT WILL TRANSPLANTPROFESSIONALS.COM BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH YOUR USE OF THE WEB SITE, ANY INFORMATION RECEIVED FROM THE WEB SITE, ANY EMAIL DISTRIBUTED TO ANY USER OR ANY LINKED WEB SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF TRANSPLANTPROFESSIONALS.COM, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

TRANSPLANTPROFESSIONALS.COM SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSSES ARISING OUT OF THE UNAUTHORIZED USE OF YOUR REGISTRATION OR MEMBERSHIP DATA.

Indemnification

You agree to indemnify and hold harmless TransplantProfessionals.com, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any claim brought against TransplantProfessionals.com in connection with your use of the Services or for any improper, unauthorized or illegal uses of your username and password.

Acceptable Use of the Website

The information on TransplantProfessionals.com is available to you only to ascertain information pertaining to potential employment. You may not use the website for or in connection with offering any third party product or service not authorized or approved by TransplantProfessionals.com.

License to Use Submitted Content

You hereby grant a limited, nonexclusive, perpetual, worldwide license to TransplantProfessionals.com to use the content and information you provide to TransplantProfessionals.com in connection with providing the Services.

Availability

The information on TransplantProfessionals.com is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would violate any local law or regulation.

Links to Third-Party Sites

The Services and TransplantProfessionals.com may present links to third-party websites not owned or operated by TransplantProfessionals.com. TransplantProfessionals.com is not responsible for the availability of those sites or their contents. You agree that TransplantProfessionals.com is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site.

Governing Law and Forum Selection

These Terms of Service shall be interpreted and construed according to, and governed by, the laws of the State of Minnesota. The District Court of Olmsted County, Minnesota shall have exclusive jurisdiction to hear any dispute under these Terms of Service, or, if such court is without subject matter jurisdiction, the United States District Court for the District of Minnesota shall have exclusive jurisdiction.

Assignment

TransplantProfessionals.com may freely assign its rights and obligations under these Terms of Service without having provided you with prior notice of same.

Severability

If any portion of these Terms of Service is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of these Terms of Service will remain in full force and effect.

Entire Agreement

© 2008 Roger W. Evans. All rights reserved.