Welcome to OphthalJobs.com (the website), provided by Ophthal Jobs, Inc. ("Ophthal Jobs"). These terms and conditions of use may be changed in the future without further notice. Your continued use of this website after any such changes constitutes your acceptance of the new terms. Further, these terms and conditions apply exclusively to your access to, and use of, this website and do not alter in any way the terms or conditions of any other agreement you may have with Ophthal Jobs for products, services or otherwise. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this website for any reason.

Copyright
All website materials, including, without limitation, the Ophthal Jobs logo, design, text, graphics, other files, and the selection and arrangement thereof are Copyright © 2003 Ophthal Jobs, Inc. ALL RIGHTS RESERVED. Except as stated herein, none of the material 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 Ophthal Jobs or the respective copyright owner. Permission is granted to display, copy, distribute and download the materials on this website for personal, noncommercial and informational use only; provided that you may not, without the permission of Ophthal Jobs 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 or other proprietary notices contained in the materials.

Trademarks
Ophthal Jobs, the Ophthal Jobs logo and the products and services described in this website, including without limitation OphthalJobs.com, are either trademarks or registered trademarks of Ophthal Jobs and may not be copied, imitated or used, in whole or in part, without the prior written permission of Ophthal Jobs. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Ophthal Jobs, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Ophthal Jobs. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners. You may not copy or adapt the HTML code that Ophthal Jobs creates to generate its pages. It is also protected by the Company’s copyright.

Use of Material
The compilation (meaning the collection, arrangement and assembly) of all content on this website is the exclusive property of Ophthal Jobs and protected by U.S. copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other website or in a networked computer environment for any purpose is prohibited.

Website Users
The website is intended solely for use by individuals seeking employment and by employers or recruitment professionals seeking candidates to fill job openings. Individuals who use the website to seek employment may do so free of charge; employers and recruitment professionals may use the website by subscription only.

Ophthal Jobs reserves the right to prevent, cancel or suspend any individual's, employer's, recruitment professional's, or others' access to the website. This may be on account of a violation of these Terms and Conditions or for any other reason at Ophthal Jobs' sole discretion. Ophthal Jobs' right to prevent, cancel or suspend access to the website may be exercised without notice to the individual, employer, recruitment professional, or other so affected.

Individuals seeking employment are permitted to use the website solely for purposes of posting resumes and searching for (and responding to) job postings. Ophthal Jobs authorizes you to view and download a single copy of any job posting, resume, or other Material on this website for your personal use only. You must retain all copyright and other proprietary notices contained on such Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose (other than for searching for a job for yourself).

Employers or recruitment professionals who have subscribed to the website are permitted to use it solely for purposes of (i) posting jobs and (ii) retrieving resumes to fill actual or potential job openings at the employer's business (in the case of subscribing employers) or at client's businesses (in the case of subscribing recruitment professionals). Ophthal Jobs authorizes you to view and download a single copy of any job posting, resume, or other Material on this website for such use. You must retain all copyright and other proprietary notices contained on such material. You may not sell or modify the Material, except that subscribing recruitment professionals may alter the contact information on a resume. You may not reproduce or distribute such material, except that you may forward copies of resumes to necessary persons at the employer's business (in the case of subscribing employers) or at client's businesses (in the case of subscribing recruitment professionals). You may not otherwise reproduce, display, publicly perform, distribute, or otherwise use the Material in any way.

User Submissions
As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this website you agree not to, do the following things: (i)post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; (ii)post material that reveals trade secrets, unless you own them or have the permission of the owner; (iii)post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (iv)post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; (v)post a sexually-explicit image or statement; (vi)post advertisements or solicitations of business, post chain letters or pyramid schemes; (vii)impersonate another person; (viii)post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Ophthal Jobs of any unauthorized use of your registration or password.

Website Usage
This website is the property of Ophthal Jobs. By using the website, you agree to abide by the Terms and Conditions herein. Failure to abide by these Terms and Conditions, including the impermissible use of the text, graphics, images, resumes, job postings and other materials (collectively, "Materials") contained on the website, is a violation of your agreement. It may also be a violation of copyright, trademark, or other laws in the United States and foreign countries.

Ophthal Jobs expressly prohibits users of this website and all others from reproducing, displaying, distributing or otherwise using any job posting, resume, or other Material downloaded or otherwise obtained from this website on any other website, electronic bulletin board, or other publicly accessible site (regardless of whether access to such site is by registration, subscription, membership or fee) on the Internet or other network. Ophthal Jobs likewise expressly prohibits users of this website from reproducing, displaying or distributing to others batches containing fifty (50) or more job postings or resumes downloaded or otherwise obtained from this website.

Ophthal Jobs does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. Ophthal Jobs acts as a passive conduct 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 material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, Ophthal Jobs may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication.

Ophthal Jobs has no liability or responsibility to users for performance or nonperformance of such activities. Ophthal Jobs reserves the right to expel users and prevent their further access to the website for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. Ophthal Jobs may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

Users may not use the website in order to transmit, distribute, store or destroy material (i) in violation of any applicable law or regulation, (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (iii) that is defamatory, obscene, threatening, abusive or hateful.

The website may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. Ophthal Jobs specifically prohibits any use of the website, and all users agree not to use the website, for any of the following: (i)posting any incomplete, false or inaccurate biographical information or information which is not your own accurate resume (living individual seeking employment on a full-time or part-time basis on his or her own behalf); (ii)posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents; (iii)posting non-resume information such as opinions or notices, commercial or otherwise;(iv) Headhunters, employment placement/outplacement agencies, temporary worker agencies, consultants and other third parties, including any third party charging a fee or restricting complete access to all resume information, are prohibited; (v)responding to any employment opportunity for any reason except to apply for the job; (vi) communications soliciting the employer's business by our competitors are prohibited; (vii)deleting or revising any material posted by any other person or entity; (viii)using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this site; (xiv)taking any action which imposes an unreasonable or disproportionately large load on this website’s infrastructure; (x)if you have a password allowing access to a non-public area of this website, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose; (xi)notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available from Ophthal Jobs on this website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer); (xii)attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the website.

Website Security Rules
Users are prohibited from violating or attempting to violate the security of the website, including, without limitation, (i) accessing data not intended for such user or logging into a server or account which user is not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the website, overloading, "flooding", "mailbombing" or "crashing", or (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Violations of system or network security may result in civil or criminal liability. Ophthal Jobs will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

General Rules
Users may not use the website in order to transmit, distribute, store or destroy material (i) in violation of any applicable law or regulation, (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (iii) that is libelous, obscene, threatening, abusive or hateful.

The Company's Liability
The Ophthal Jobs website acts as a venue for employers to post job opportunities and candidates to post resumes and does not screen or censor the listings offered. Ophthal Jobs is not involved in the actual transaction between employers and candidates. As a result, the Company has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the website.

The Material may contain inaccuracies or typographical errors. Ophthal Jobs makes no representations about the accuracy, reliability, completeness, or timeliness of the website or the Material. The use of the website and the Material is at your own risk. Changes are periodically made to the website and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the website. Employers are solely responsible for their postings on the website. Ophthal Jobs is not to be considered to be an employer with respect to your use of the website and shall not be responsible for any employment decisions, for whatever reason made, made by any entity positing jobs on the website.

Ophthal Jobs DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links
The website contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Ophthal Jobs of the contents on such third-party websites. The Company 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 websites. If you decide to access linked third party websites, you do so at your own risk.

No Resale or Unauthorized Commercial Use
You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of the website.

Limitation of Liability
The aggregate liability for the Company to you for all claims arising from the use of the Materials is limited to $100.

Termination
Ophthal Jobs reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this website and immediate termination of your registration with or ability to access the website and/or any other service provided to you by Ophthal Jobs, upon any breach by you of these Terms and Conditions or if Ophthal Jobs is unable to verify or authenticate any information you submit to the website registration with or ability to access the website.

Indemnity
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

User Information
Ophthal Jobs may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the website, for its internal business and marketing purposes and may disclose the information to third parties for such purposes.

General
This website is based in Middlesex County, Massachusetts. Ophthal Jobs makes no claims the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of Massachusetts without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts in Middlesex County, Massachusetts. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice," or Software License or material on particular web pages, this Agreement constitutes the entire Agreement between you and the Company with respect to the use of website. Any changes to this Agreement must be made in writing, signed by an authorized representative of the Company.