2. General Use Rules. The site is intended for physicians seeking employment and career information and for employers or recruiters seeking candidates for employment. You may use this site only for lawful purposes in accordance with applicable laws, rules, and regulations.
3. Trademark Ownership. The Massachusetts Medical Society (and logo design), The New England Journal of Medicine (and logo design), and NEJM (“MMS Trademarks”) are trademarks of MMS. Any use of MMS Trademarks in connection with the sale, offering for sale, distribution, or advertising of any goods or services, which is likely to cause confusion, to cause mistake, or to deceive, is strictly prohibited.
4. Web Site Integrity. Interfering with the operation of the NEJM CareerCenter or circumventing the NEJM CareerCenter security system is strictly prohibited.
6. Web Site Modifications and Availability. MMS will make reasonable efforts to keep the NEJM CareerCenter available twenty-four hours a day, seven days a week. However, owing to technical failures, routine maintenance, or other unforeseen circumstances, availability may be limited and MMS will not be responsible for the non-availability of the NEJM CareerCenter. MMS reserves the right to modify, suspend, discontinue, or restrict access to, all or any part of the NEJM CareerCenter at any time.
7. Disclaimer of Warranties and Liability.
a. Allocation of Responsibility. MMS assumes no responsibility for materials submitted by users and no responsibility for the activities, omissions or other conduct of users. MMS acts as a portal for the online distribution and publication of user submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring documents posted by users. If notified by a user of a submitted material which allegedly does not conform to this agreement, MMS may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such material. MMS has no liability or responsibility to users for performance or nonperformance of such activities. MMS may take any action with respect to user submitted information that it deems necessary or appropriate, in its sole discretion.
b. No Guaranty of Results. MMS makes no representations or guarantees regarding the effectiveness or timeliness of the site in meeting the employment objectives of users. MMS does not guarantee that materials submitted by users will result in candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason made, made by any user.
c. WARRANTY DISCLAIMERS.
(i) THE NEJM CAREERCENTER IS PROVIDED "AS IS" ON AN "AS AVAILABLE BASIS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. IN NO EVENT WILL MMS, ITS EMPLOYEES, OFFICERS, MEMBERS, AGENTS, OR LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES RESULTING FROM THE INABILITY TO USE, OR THE USE OF, THE NEJM CAREERCENTER, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGES, OR ON ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE NEJM CAREERCENTER.
(ii) Without limitation on the foregoing, MMS makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any materials submitted by users, or of any other form of communication engaged in by users. User agrees that any reliance on materials submitted by users, or on any other form of communication with users, will be at user’s own risk.
8. Employer/Recruiter Specific Terms.
a. Inappropriate Database Use. The profile database is intended for users who are evaluating and hiring medical professionals for their companies. MMS reserves the right to remove any submitted information and disable resume access or an account at any time without prior notification for improper use of the site.
b. Accuracy. The user shall be responsible for the accuracy, timeliness, and completeness of any employment requirements that are placed at the NEJM CareerCenter.
c. Genuine Employment Requirements. The user shall present at the NEJM CareerCenter only genuine and existing employment requirements with the user.
d. Liability for Personnel Selected. MMS is not liable or responsible for any personnel selected by the employer and the employer represents that any selection, retention or hire of any individual or entity is based solely on the user's investigation, verification and determination that such hire is suitable for the user's purposes.
e. Unpaid Postings. MMS reserves the right to remove the job posting(s) if an arrangement for the billing process has not been met within a 24-hour period of posting.
f. Right to Edit Employment Advertisements. MMS reserves the right to edit all employment advertisements. With the exception of edits intended for optimizing searchability, MMS will review any such edited advertisements with the user prior to publication.
g. Discrimination and Bias. Employers/recruiters shall not submit advertisements that reflect, imply or contribute to any discriminatory actions, practices or improper bias. MMS reserves the right to reject any advertisement, or to edit any advertisement to remove any such offending language or implication.
h. Truthfulness, Accuracy, and Authority. Employer/recruiter shall take sole responsibility to ensure that its advertising is true and accurate and conforms to all applicable laws, standards and regulations and the employer/recruiter represents and warrants to MMS that it has all necessary authorization for the placement of the entire content of its advertising within the site. MMS may however decline any advertising or discontinue further publication of any advertising, at any time and for any reason, and shall not be liable in any manner as a result of such action, except to refund a prorated portion of any fees then paid.
9. Indemnity. User agrees to defend, indemnify, and hold harmless MMS (and its officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with user’s use of the site, any materials submitted by user, or user’s breach of this Agreement. MMS shall use reasonable efforts to provide user with prompt notice of any such claim, suit, or proceeding and may assist user, at user’s expense, in defending any such claim, suit or proceeding.
10. International Use. The NEJM CareerCenter is controlled and operated within the United States of America. MMS makes no representation that the materials or services available at or through the NEJM CareerCenter are appropriate or available for use outside of the United States. If user access the NEJM CareerCenter from outside of the United States, user is responsible for compliance with all applicable laws, rules and regulations.
12. Endorsements. Nothing on the site shall be considered an endorsement, representation or warranty with respect to any user or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise unless expressly stated by MMS. MMS is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If user decides to access linked third-party web sites, user does so at his/her own risk.
14. Notification of Copyright-Infringement Claims in Accordance with 17 U.S.C. § 512
The Massachusetts Medical Society respects the intellectual property ownership rights of others. If you believe that any copyrighted work in which you own an exclusive right is accessible on or through this Web site in a way that infringes your right, you may notify us by providing the following items to our designated agent:
1. A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work, or a representative listing of the copyrighted works, that you claim have been infringed;
3. Identification of the material that you claim to be infringing or to be the subject of infringing activity and information reasonably sufficient to locate the material;
4. Information for contacting you, including your address, telephone number, and, if available, e-mail address;
5. A statement that you have a good-faith belief that the claimed infringement is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in your notice is accurate, and under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
You may contact our agent designated to receive notice of claims of copyright infringement as follows:
Paul W. Auffermann, Esq.
Massachusetts Medical Society
860 Winter Street
Waltham, MA 02451-1411
By telephone: (781) 434-7392
By e-mail: email@example.com