Terms of Service
1. Introduction
Welcome to Physician Career Solutions LLC (“PCS,” “we,” “our” or “us”). At PCS, we developed our website https://www.physiciancareersolutions.com/ (the “Website”) to provide access to a curated network of trusted and vetted partners (“Partners”) and physician-focused career resources designed to save you time, reduce stress, and position you for long-term success. These Terms of Use (“Terms”) govern your use of the Website.
ACCEPTANCE OF TERMS
THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. BY ACCESSING AND USING THE WEBSITE, YOU AGREE THAT YOU HAVE READ THESE TERMS AND ACKNOWLEDGE THAT YOU ARE ENTERING INTO A BINDING CONTRACT WITH PCS IN ACCORDANCE WITH THESE TERMS. IF YOU DO NOT AGREE TO COMPLY WITH THESE TERMS, THEN YOU SHOULD NOT ACCESS OR USE THE WEBSITE.
CHANGES TO THE TERMS
WE MAY MODIFY THESE TERMS AT ANY TIME. ALL CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THE WEBSITE. IF WE MAKE MATERIAL CHANGES TO THESE TERMS, WE WILL CONSPICUOUSLY POST A NOTICE AT THE TOP OF THESE TERMS, ON THE WEBSITE, WITH AN EMAIL OR OTHERWISE COMMUNICATE TO YOU. BY USING WEBSITE AFTER CHANGES ARE POSTED, YOU AGREE TO THOSE CHANGES.
COOKIES
WE USE COOKIES ON OUR WEBSITE. WE USE COOKIES TO COLLECT DATA ANALYTICS INFORMATION ON YOUR USAGE OF THE WEBSITE TO HELP US IMPROVE THE WEBSITE AND YOUR EXPERIENCE. BY VISITING AND USING OUR WEBSITE, YOU ARE CONSENTING TO OUR USE OF COOKIES AND THAT WE MAY SHARE INFORMATION COLLECTED THROUGH THE USE OF COOKIES WITH OUR THIRD-PARTY ANALYTICS PARTNERS. FOR MORE INFORMATION ABOUT HOW WE USE COOKIES ON OUR WEBSITE, PLEASE SEE OUR PRIVACY POLICY.
2. Use of the Website
We provide you with the ability to use the Website for your personal use, provided you comply with these Terms. You are responsible for payment of charges for all Internet and communications services needed to use the Website. You must be at least the age of majority in your place of residence to use the Website or place an order on our Website.
3. Additional Terms
These Terms apply to your use of our Website. If you become a member or otherwise make use of our services, additional terms may apply to your use of the Website and our services, including our Member Terms and Conditions.
4. Privacy Policy
We collect certain personal information from and about you, including when you use the Website, make purchases, or otherwise communicate with us. Please see our Privacy Policy for more information on how we collect, use, retain, share, and disclose your personal information.
5. Intellectual Property Rights
PCS and its licensors are the sole and exclusive owner of the Website, including the domain listed at the top of these Terms, the content of the Website (including any text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, databases, trademarks, logos, slogans, names of products and services, documentation, other components and content), and the design, selection, and arrangement of the content on the Website.
The Website is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of the Website or the related intellectual property rights belonging to PCS or any third party is strictly prohibited. The Website may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners, who may or may not be sponsored by, affiliated with, or connected to PCS.
PCS trademarks may not be used without our express written consent and may not be used in a manner that harms the trademarks, causes confusion among consumers, or in conjunction with any products or services that are not ours. PCS will take legal action against individuals using its trademarks or service marks in metatag keywords and/or hidden webpage text and such use constitutes trademark infringement and unfair competition.
Access to the Website does not confer and shall not constitute a license to anyone to use PCS’s or any third party's intellectual property rights.
6. Accounts
Certain features of the Website may require you to create an account with us (“Account”). Creation and use of your Account is governed by these Terms. You agree that any personal information you provide in connection with your Account will be true, current, and complete. When you create an Account, you will be asked to choose a password. You must keep your password confidential. You are responsible for all activities that occur under your Account. If you believe that your Account has been compromised, you must immediately contact us at info@physiciancareersolutions.com.
7. Acceptable Use Policy
When you use the Website, you are responsible for complying with all applicable laws, rules, and regulations, including the following Acceptable Use Policy regarding online conduct set forth in these Terms.
a. You will not download, copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Website or any part of the Website without our prior written consent.
b. You may make personal use of the Website and will not use the Website for any commercial purposes.
c. You will not use the Website for unlawful purposes.
d. You will only provide us with true, accurate, and complete information when you use the Website.
e. You will not submit inaccurate, incomplete, or out-of-date information via the Website to commit fraud or falsify data in connection with your use of the Website or act maliciously against the business interests or reputation of PCS or its affiliates.
f. You will not engage in data mining, data scraping or similar data gathering or extraction activities or retrieve data or other content from the Website. You will not access, use, or copy any portion of the Website, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
g. You will not collect or store information about users of the Website in any manner.
h. You will not use the Website to post, transmit, input, upload, or otherwise provide any software code, data or materials that contain any viruses or malware.
i. You will not engage in activities designed to render the Website, an Account, or any associated computer systems inoperable or to make their use more difficult.
j. You will not attempt to gain unauthorized access to the Website, an Account, or any associated computer systems.
k. You will not use the Website in a manner which is contrary to the purposes for which it was made available to you by us, or for any purpose that we deem objectionable.
8. User Content
You may be able to post certain reviews, comments, photographs, or other materials (collectively, “User Content”) in connection with your use of the Website or through social media Website.
You grant PCS, its affiliates and third-party service providers who provide hosting and content management services to PCS the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right and license to use (and to authorize others to use) your User Content in any manner in our sole discretion in any media now or hereafter known.
You grant us the right to use your username, social media handle, real name, image, likeness, caption, location, or other identifying information in connection with any use of your User Content.
By submitting User Content or other information to us or on our Website or social media pages, you represent and warrant that you: (i) you own or have all legal rights to submit the User Content; (ii) you have permission from all person(s) appearing in your User Content necessary for us to use such User Content without need for payment to you or any other person or entity; (iii) you and all person(s) appearing in your User Content are not minors; (iv) our use of the User Content will not violate the privacy or intellectual property rights of any third party; (v) your User Content will not contain personal information or the likeness of another person without their prior express written consent; (vi) your User Content may not include material that is unrelated to the products offered by or available on the Website; (vii) the User Content may not be false or misleading; (viii) the User Content may be not libelous, harassing, abusive, obscene, vulgar, sexually explicit, inappropriate with respect to race, gender, sexuality, ethnicity or other intrinsic characteristic, or otherwise unlawful; and (ix) you comply with our Acceptable Use Policy.
We have no obligation to pay you or any third party any compensation for any User Content, to use or respond to your User Content or to identify you in connection with any such use. We may remove or reject User Content at any time.
9. User Content Disclaimer
The User Content represents the views of the user and may not represent the views of PCS. We do not endorse the User Content. We cannot confirm the accuracy or credibility of any User Content, and we will not be liable to you or any third party for any actions you may take as a result of reading or using User Content. While we prohibit certain User Content, some people may find such content offensive, objectionable, harmful, inaccurate, or deceptive.
10. Feedback
PCS welcomes comments regarding the Website and our services. If you submit comments or feedback to us regarding the Website or our services, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you. To the fullest extent allowed by law, you grant us an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such Feedback in any manner, including in connection with our operations.
11. DMCA Notice: Notice and Procedure for Making Claims of Copyright Infringement
PCS will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Website can be identified and removed via our DMCA process listed below. You agree to comply with this DMCA process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide the PCS’s designated copyright agent [A2] the written information specified below. Please note that this procedure is exclusively for notifying PCS that you allege that your copyrighted material has been infringed. PCS does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim.
If we receive a clear and valid notice pursuant to the guidelines set forth below, we will respond by either taking down the allegedly infringing content or blocking access to it. We may contact the notice provider to request additional information.
Under the DMCA, PCS is required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”).
The Alleged Infringer is allowed under the law to send us counter-notification. Notices and counter-notices are legal notices distinct from regular Website activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request).
Anyone making false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.
To file a DMCA notice, the copyright owner must send a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.
A DMCA notice must:
a. Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);
b. Identify the content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Website. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
c. Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
d. If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
e. Include the following statement: “I 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;”
f. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;”
g. Be signed; and
h. Be sent to our DMCA designated agent at the following address:
Physician Career Solutions LLC
12. Social Media
We may provide links to our social media pages (e.g., Instagram, and LinkedIn) on the Website. Because anyone may post or tag on social media pages, posts do not necessarily reflect our views. We reserve the right to remove anything from our social media pages in our sole discretion. We may also take steps to block users from access to our social media pages who violate these Terms or the terms of the social media platform. If we follow, like, re-tweet, favorite, share, or re-post an individual's content on a social media page, that is not an endorsement of that third party or any product, service, or company they represent.
13. No Professional Advice on the Website
You acknowledge that PCS is not a lawyer, accountant, or other professional services provider, and accordingly, does not provide legal, financial, tax, accounting, real estate, or other business or professional advice. The information contained on the Website is for general use. Accessing or using the Website does not create an attorney-client relationship or similar relationship between you and PCS. You understand that you are responsible for any actions taken based upon information received from PCS, and where professional advice is needed, you should seek independent professional advice from a person who is licensed or qualified in the applicable field and jurisdiction.
14. DISCLAIMER OF WARRANTIES
THE WEBSITE PROVIDED TO YOU ON AN “AS IS” AND “AS-AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PCS EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, COURSE OF DEALING OR USAGE IN TRADE.
PCS does not warrant or guarantee that the Website will meet your needs, be compatible with any standards or user requirements, the availability of the Website or that the Website will be uninterrupted or error-free, that any defects in the Website will be corrected, or that the Website or the servers that make the Website available are free of viruses or other harmful conditions or components. Your use of the Website is at your own risk and you, alone, are responsible for any damage to your computer hardware, software, systems, and networks from using the Website.
PCS makes commercially reasonable efforts to ensure that the Website contains information that is accurate and reliable. However, we expressly disclaim, and you waive, any liability arising from errors and omissions on the Website including any inaccuracies, typographical errors, or misstatements.
PCS has no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communication. No advice or information, oral or written, obtained by you from PCS or in any manner from the Website create any warranty.
PCS expressly disclaims any liability for claims arising from or related to the use of Cookies on our Website.
15. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PCS, ITS PARTNERS, AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, PROFESSIONAL ADVISORS OR LICENSORS (TOGETHER, “PCS PARTIES”) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH (A) ANY SERVICES PURCHASED THROUGH THE WEBSITE, (B) THE WEBSITE, (C) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE THE WEBSITE (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONAL AND OTHER DATA INTO THE WEBSITE), (D) USE OF YOUR ACCOUNT, (E) THE USE OF COOKIES ON THE WEBSITE, OR (F) ANY OTHER SUBJECT MATTER OF THESE TERMS, EVEN IF PCS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A PCS PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DAMAGES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THESE TERMS IS TO STOP ACCESSING AND USING THE WEBSITE. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY CLAIM ARISING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR COOKIES ON THE WEBSITE OR THE SUBJECT MATTER OF THESE TERMS EXCEED $50.00 USD EVEN IF ANY REMEDIES PROVIDED FAIL OF THEIR ESSENTIAL PURPOSE.
16. INDEMNIFICATION
EXCEPT AS PROHIBITED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PCS AND THE PCS PARTIES FROM AND AGAINST ALL CLAIMS, DEMANDS, COMPLAINTS, ALLEGATIONS OR ACTIONS (“CLAIMS”) AND AGREE TO PAY ANY LOSSES, LIABILITIES, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATED TO: (A) YOUR ACCESS TO, USE OF, OR MISUSE OF THE WEBSITE OR USER CONTENT; (B) YOUR VIOLATION OF ANY APPLICABLE LAWS WHEN ACCESSING OR USING THE WEBSITE OR USER CONTENT; (C) ANY ACTIVITY OCCURRING UNDER YOUR ACCOUNT; (D) YOUR SUBMISSION OF USER CONTENT; (E) YOUR MISUSE OF ANOTHER PERSON'S PERSONAL INFORMATION; (F) YOUR INFRINGEMENT OR MISAPPROPRIATION OF PCS’S OR ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS; (G) THE PAYMENT METHODS PROVIDED FOR PURCHASES BY YOU; (H) YOUR VIOLATION OF THESE TERMS; OR (I) USE OF COOKIES ON THE WEBSITE. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).
17. Governing Law; Venue
These Terms are governed by the laws of the State of Colorado, without regard to its conflict of laws principles. Except with regard to disputes which are subject to arbitration under this Agreement, venue for any other dispute arising under this Agreement is exclusively in the state or federal courts located in Denver, Colorado. You expressly agree to the exclusive jurisdiction of those courts. Where permitted by law, any cause of action or other claim with respect to the Website must be commenced within one year after the cause of action or claim arises.
18. Third-Party Links
Links to third-party websites from the Website are provided solely as a convenience to you. PCS has not reviewed each site for its content and does not endorse or make any representations about them, or the information, products, materials, or software that may be obtained by using them. If you decide to access any third-party website, you do so at your own risk and PCS shall have no liability arising out of the operation or content of such third-party website.
19. Cooperation With Law Enforcement
PCS will cooperate with law enforcement if you are suspected of having violated applicable laws in connection with your use of the Website or with regard to our services. YOU WAIVE AND HOLD PCS AND THE PCS PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
20. Unavailability
The Website or your Account may be unavailable or limited for various reasons. We shall not be liable to you or to any third party for any such unavailability of the Website or your Account, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, pandemics, quarantines, fire, earthquake, strike, and labor shortages, (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.
21. Notice For International Users
The Website is hosted on servers located in the United States and are intended to be viewed only by residents of the United States. We reserve the right to host the Website on servers located in countries other than the United States. We do not guarantee that the Website or the sale of our services are permitted in any country outside of the United States and we may refuse any attempts at purchases of our services from outside of the United States in our sole discretion.
22. Miscellaneous
a. Termination. If you violate applicable laws or these Terms in connection with the use of the Website or your Account, you are immediately prohibited from further use of the Website or your Account. PCS may suspend or terminate the Website or your Account, in whole or in part, at any time. PCS shall not be liable to you or anyone else for any damages arising from or related to our suspension or termination of your access to the Website or your Account, or in the event PCS modifies, discontinues or restricts the availability of the Website or your Account (in whole or in part).
b. Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent, and any such assignment is immediately void. These Terms do not confer any rights, remedies, or benefits upon any person other than you and PCS. These Terms inure to the benefit of our successors and assigns.
c. No Third-Party Beneficiaries. Except as otherwise provided in the foregoing Section 22.b, these Terms do not confer any rights, remedies, or benefits upon any person other than you and PCS.
d. Entire Agreement. These Terms (including all terms and conditions referenced herein) are the entire agreement between you and PCS with respect to your access to and use of the Website.
e. No Waiver. Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by PCS.
f. Severability. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect.
g. Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of liability, or dispute resolution) will continue in effect beyond any termination of these Terms, your Account or of your access to or use of the Website.
h. Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and PCS may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
23. Contact Us
If you have any questions or comments about these Terms or the Website, we invite you to contact us by email at info@physiciancareersolutions.com.