Welcome to the websites of Vet Med Staffing, LLC, and its affiliates and subsidiaries (collectively, “Vet Med Staffing” or “we”). These Terms of Use (the “Terms”) apply to all applications (including mobile applications), websites, portals, or pages owned or operated by Vet Med Staffing, including those accessible through the domain and subdomains of vetmedstaffing.com or distributed via the App Store, Google Play Store, or similar application marketplaces (collectively, the “Vet Med Staffing Sites”).
By accessing and using the Vet Med Staffing Sites, you agree on your behalf and on behalf of any entity or person on whose behalf you are accessing the Vet Med Staffing Sites (collectively, “You”) to abide by the Terms. Vet Med Staffing permits You to use and access the Vet Med Staffing Sites for lawful purposes only and only in a manner consistent with the Terms. Your agreement to the Terms is a condition of being granted access to and use of the Vet Med Staffing Sites. If You do not agree with the Terms, You may not access the Vet Med Staffing Sites and must exit the Vet Med Staffing Sites immediately.
The Terms apply to all visits and use of the Vet Med Staffing Sites, as well as to the content, information, recommendations, or services provided or transmitted on or through the Vet Med Staffing Sites. By using and accessing the Vet Med Staffing Sites, You represent that You are at least 18 years of age, have the authority to enter these Terms on Your own behalf and on behalf of the organization or entity on whose behalf You are using or accessing the Vet Med Staffing Sites, and that all information provided by You, including, but not limited to Your identity, contact information, experience, qualifications, available positions, and facility details, is accurate and current. You shall be responsible for any violation of the Terms by You, Your agents, or Your employees.
Vet Med Staffing does not guarantee that You will receive any employment, engagement, or job offers through the Vet Med Staffing Sites and is neither Your employer nor Your agent based solely on Your usage of the Vet Med Staffing Sites.
Vet Med Staffing has restricted access to certain portions of the Vet Med Staffing Sites (collectively, the “Restricted Sites”), including application, profile, shift, and other secure sections, to users with legitimate Vet Med Staffing–related business reasons for using such Restricted Sites who have registered with Vet Med Staffing or to whom Vet Med Staffing has otherwise provided an account, username, or password (the “Registered Users”).
You agree that the entirety of the Restricted Sites, including, but not limited to, their design, source code, databases, content, and data or materials stored on, generated by, created using, or transmitted through them shall be considered Confidential Information, as defined below. You agree that Your use of, and access to, the Restricted Sites shall be limited only to the extent such access and use directly relates to, or is necessary for, an existing or prospective business, employment, or independent contractor relationship with Vet Med Staffing or an existing or prospective business relationship or agreement between You and Vet Med Staffing (the “Permitted Uses”).
You agree any username or password used by You to access Restricted Sites is Confidential Information, as defined below. You agree not to use another Registered User’s username and password nor to allow any other person, other than Your employees or agents, to use the username or password used by You. You are solely responsible for all activity conducted using Your username or password. You will immediately notify Vet Med Staffing if You become aware of any loss or theft of Your username or password or any unauthorized use of Your username or password. Vet Med Staffing is not liable for any loss or damage arising from Your failure to comply with these obligations. Vet Med Staffing reserves the right to reset, lock, delete, or suspend Your account or login credentials at any time and for any reason. You shall be responsible for notifying Vet Med Staffing if Your relationship with any employee or agent who had access to the Restricted Sites is severed so passwords may be updated or accounts disabled.
If You download a Vet Med Staffing mobile application (the “App”), You may receive push notifications sent to You outside or inside the App which may include alerts, badges, banners, and sounds (“Push Notifications”). If You agree to allow Push Notifications, then the App will generate Push Notifications on Your mobile device. You may control the Push Notifications in Your device’s settings.
Your carrier may charge standard data and other fees for use of Push Notifications, and these fees may appear on Your mobile bill or be deducted from Your pre-paid balance. Your carrier may prohibit or restrict certain Push Notifications and certain Push Notifications may be incompatible with Your carrier or mobile device. Contact Your carrier with questions regarding these issues. You may discontinue Push Notifications in Your device’s settings or by deleting the App. Vet Med Staffing may collect information related to Your use of Push Notifications.
When accessing or using the Restricted Sites, You may be able to upload, download, receive, transmit, view, create, enter, access, post, share, display, or otherwise use or access information, documents, or other material that is confidential in nature (collectively “Confidential Information”). Confidential Information includes, but is not limited to:
You agree to only use Confidential Information for lawful, Permitted Uses or as otherwise permitted by law. You agree to limit access to Confidential Information to only those employees or agents of Yours who reasonably require access to such information for the Permitted Uses. If You provide any Confidential Information to Your employees or agents, You shall require all such employees or agents to abide by these Terms, as well as any applicable laws or agreements relating to such information. You agree that You will be responsible for any breach of any provision of these Terms by Your employees or agents. You shall take all necessary precautions, but not less than a reasonable standard of care, to protect the confidential nature of the Confidential Information, including, without limitation, reasonable security measures and all precautions You use with respect to Your own confidential information.
In the event You or any of Your representatives are requested or required by any government or governmental agency or authority to disclose any of the Confidential Information (by oral questions, interrogatories, requests for information or documents, subpoena, civil investigative demand, any informal or formal investigation by any government or governmental agency or authority or otherwise), You will notify Vet Med Staffing promptly in writing so that Vet Med Staffing may seek a protective order or other appropriate remedy or, in Vet Med Staffing’s sole discretion, waive compliance with these Terms. You agree not to oppose any action by Vet Med Staffing to obtain a protective order or other appropriate remedy. In the event that no protective order or other remedy is obtained or Vet Med Staffing waives compliance with these Terms, You agree to furnish only that portion of the Confidential Information which You are advised is legally required.
If You discover or are notified of a breach or potential breach of security with respect to any Confidential Information provided or made available by Vet Med Staffing, You shall immediately: (i) notify Vet Med Staffing of such breach or such potential breach at the address specified below, (ii) immediately investigate such breach or such potential breach and inform Vet Med Staffing of the results of such investigation, and (iii) assist Vet Med Staffing as reasonably necessary to enforce Vet Med Staffing’s rights and to enable Vet Med Staffing to comply with any state or federal law requiring the provision of notice of any security breach with respect to the breach.
Notwithstanding any other provision of these Terms, Confidential Information shall not include any information, data, material, document, patent, or idea which: (i) is within the public domain prior to the time of disclosure or thereafter becomes within the public domain other than as a result of disclosure by You or Your representatives in violation of these Terms; (ii) was, on or before the date of disclosure, in Your possession, as shown by You, unless it was acquired by You from a third party who was under an obligation of confidentiality to Vet Med Staffing; (iii) is acquired by You from a third party not under an obligation of confidentiality to Vet Med Staffing; or (iv) was independently developed by You without the use of Confidential Information or other breach of these Terms.
Vet Med Staffing hereby grants You a limited, revocable, temporary, non-exclusive, and nontransferable ability to access and use the Vet Med Staffing Sites in accordance with these Terms. You expressly acknowledge and agree that Vet Med Staffing transfers no ownership, intellectual property interest, or title in or to the Vet Med Staffing Sites, the Confidential Information, or any information or data contained therein to You or anyone else.
All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML code), programs, software, products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Vet Med Staffing Sites, unless otherwise indicated, are owned, controlled, or licensed by Vet Med Staffing. You may not copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the Vet Med Staffing Sites, Vet Med Staffing’s name, Vet Med Staffing’s logo, Vet Med Staffing’s marks, or any other data or information provided on or through the Vet Med Staffing Sites in any manner, or use the Vet Med Staffing Sites in any manner not expressly permitted by these Terms.
The Vet Med Staffing Sites are Copyright © 2024 Vet Med Staffing, LLC. All rights reserved.
Your unauthorized use of the Vet Med Staffing Sites, Confidential Information, Vet Med Staffing logos, names, or marks, or any other information or data contained therein may violate intellectual property or other proprietary rights laws, as well as other laws, regulations, and statutes.
You agree to abide by all applicable local, state, national, and international laws and regulations with respect to Your use of the Vet Med Staffing Sites or any Confidential Information or other information obtained by You while using the Vet Med Staffing Sites. The Terms are also subject to any applicable export laws, orders, restrictions, or regulations. You shall not export the Vet Med Staffing Sites or access or use the Vet Med Staffing Sites without complying with such laws, orders, restrictions, or regulations.
You and Vet Med Staffing mutually agree that any and all claims arising out of or relating to Your use of the Vet Med Staffing Sites, whether asserted during or following Your use of the Vet Med Staffing Sites, will be subject to binding arbitration and not by a lawsuit or resort to court process. You and Vet Med Staffing agree that the binding arbitration required by these Terms applies to all covered claims arising from Your use of the Vet Med Staffing Sites, including any past, present, or future use.
The claims covered by this agreement to arbitrate include, but are not limited to, contract claims, quasi-contract claims, equity claims, tort claims, wrongful termination claims, claims of discrimination, harassment or retaliation, wage claims, penalty claims, claims for breach of confidentiality or misappropriation of trade secrets, claims for injunctive relief, claims alleging breach of privacy rights, and claims based on or alleging violations of the California Labor Code, California Fair Employment and Housing Act, the Americans With Disabilities Act, California Pregnancy Leave Law, California Consumer Privacy Act, or any other applicable public policy, federal, state or other governmental law, constitution, statute, regulation or ordinance. To the extent required by Executive Order 13665, this agreement requires arbitration of claims arising under Title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment only where You voluntarily consent to arbitration after a dispute arises.
This arbitration agreement is binding upon, and inures to the benefit of, the Parties and their respective successors and assigns. In addition, You agree that this arbitration agreement is intended to benefit and may be enforced not only by Vet Med Staffing, but also by any of Vet Med Staffing’s officers, directors, owners, clients, shareholders, employees, managers, agents, attorneys, insurers, sureties, benefit plans, clients, and its affiliated, related, parent, sister, or associated business entities.
BY ACCESSING OR USING THE VET MED STAFFING SITES, YOU ARE GIVING UP YOUR RIGHTS TO HAVE THE CLAIMS DESCRIBED ABOVE DECIDED IN A COURT OF LAW BEFORE A JURY OR JUDGE, AND INSTEAD ARE AGREEING TO FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR.
WAIVER OF RIGHT TO BRING CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND VET MED STAFFING AGREE THAT NO CLAIM COVERED BY THIS AGREEMENT TO ARBITRATE MAY BE PURSUED AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AND ALL SUCH CLAIMS MUST BE PURSUED ONLY ON AN INDIVIDUAL BASIS. Notwithstanding the foregoing, to the extent any Party asserts a representative claim that is determined to be non-waivable, You and Vet Med Staffing agree that any and all such representative claims may be asserted and determined only by binding arbitration in accordance with these Terms.
You may not use the Vet Med Staffing Sites to send, upload, share, email, post, publish, edit, modify, or otherwise transmit material or information, or use information obtained through the Vet Med Staffing Sites, in any manner that: (i) violates any applicable law or regulations; (ii) is false or misleading; (iii) is defamatory, offensive, obscene, harassing, or discriminatory, including on any basis protected by applicable federal, state, or local law; (iv) violates or infringes on the intellectual property or privacy rights of any other person, including but not limited to rights arising from copyrights, trademarks, patents, or a person’s likeness; (v) constitutes unsolicited marketing efforts, including “junk email,” “spam,” or chain letters; (vi) interferes with or disrupts the performance of the Vet Med Staffing Sites or servers or systems used to host or operate the Vet Med Staffing Sites, Vet Med Staffing’s servers or systems, or the servers or systems of other users of the Vet Med Staffing Sites; or (vii) attempts to circumvent or misuse the user authentication or security measures of the Vet Med Staffing Sites.
By sending, uploading, sharing, emailing, posting, publishing, editing, modifying, or otherwise transmitting content to the Vet Med Staffing Sites or submitting any content to or through the Vet Med Staffing Sites or to Vet Med Staffing relating to the Vet Med Staffing Sites (including documentation and feedback), You automatically grant (or warrant that the owner of such rights has expressly granted) Vet Med Staffing a worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit, and distribute such content in any form, medium, or technology now known or later developed. In addition, You warrant that all so-called moral rights in the content have been waived.
Vet Med Staffing assumes no responsibility for the deletion of or failure to store any posting, transmission, documents, or information stored or submitted on the Vet Med Staffing Sites. Notwithstanding the foregoing, this section is not intended to and does not supersede any applicable laws or separate written agreements between You and Vet Med Staffing that are signed by an authorized officer of Vet Med Staffing to the extent such laws or agreements restrict or govern Vet Med Staffing’s use of confidential information provided by You to Vet Med Staffing as part of a business transaction.
Vet Med Staffing is not responsible for screening, policing, editing, or monitoring Your or another Registered User’s transmissions, submissions, and postings. Accordingly, Vet Med Staffing encourages its Registered Users to use reasonable discretion and caution in submitting or reviewing any transmission or posting. Vet Med Staffing does not make any representation with respect to, nor does it endorse, the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by You or any other Registered User. Nevertheless, Vet Med Staffing reserves the right to delete or take other action with respect to transmissions or postings (or parts thereof) that Vet Med Staffing believes in good faith violate the Terms or are potentially unlawful or harmful to Vet Med Staffing, its products, services, or goodwill.
Your use of the Vet Med Staffing Sites may be monitored, including to monitor usage levels, collect data and information, and to ensure compliance with applicable laws and agreements. Accordingly, if You access the Vet Med Staffing Sites You acknowledge and consent to Vet Med Staffing’s monitoring, collection, and use practices. Please see Vet Med Staffing’s Privacy Policy for a summary of its practices in this regard.
It is the policy of Vet Med Staffing to take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. If You become aware of transmissions or postings that violate these rules or believe Your copyrighted work has been inappropriately used or made accessible through the Vet Med Staffing Sites, please notify Vet Med Staffing in writing at the address provided below.
Vet Med Staffing may provide links, in its sole discretion, to other sites on the World Wide Web for Your convenience. These sites have not necessarily been reviewed by Vet Med Staffing and are maintained by third parties over which Vet Med Staffing exercises no control. Accordingly, Vet Med Staffing expressly disclaims any responsibility for the content, materials, accuracy of the information, and/or quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply that Vet Med Staffing has endorsed any third party, any third-party website, or the products or services provided by any third party.
THE VET MED STAFFING SITES AND ALL INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE VET MED STAFFING SITES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. VET MED STAFFING MAY MAKE MODIFICATIONS AND/OR CHANGES TO THE VET MED STAFFING SITES OR TO THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON THE VET MED STAFFING SITES AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE VET MED STAFFING SITES.
VET MED STAFFING MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE VET MED STAFFING SITES FOR ANY PURPOSE. VET MED STAFFING EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE.
VET MED STAFFING ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE VET MED STAFFING SITES WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN, OR DISSATISFACTION WITH, THE VET MED STAFFING SITES OR ANY INFORMATION THEREIN IS TO CEASE USE OF THE VET MED STAFFING SITES.
MOREOVER, IN NO EVENT SHALL VET MED STAFFING BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OF, OR ACCESS TO, THE VET MED STAFFING SITES OR THE DELAY OR INABILITY TO USE THE VET MED STAFFING SITES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF VET MED STAFFING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE VET MED STAFFING SITES IS TO STOP USING THE VET MED STAFFING SITES.
NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF VET MED STAFFING FOR ANY REASON WHATSOEVER RELATED TO YOUR USE OF, OR ACCESS TO, THE VET MED STAFFING SITES AND ALL INFORMATION AND SERVICES THEREIN, OR WITH THE DELAY OR INABILITY TO USE THE VET MED STAFFING SITES, INFORMATION, OR SERVICES THEREIN, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to You, some or all of the above disclaimers, exclusions, or limitations may not apply, and You may have certain additional rights.
You agree to defend, indemnify, and hold harmless Vet Med Staffing, its affiliates, officers, directors, employees, agents, licensors, clients, and subcontractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) relating to or arising from: (i) Your use of the Vet Med Staffing Sites, (ii) Your violation of the Terms; (iii) Your violation of any third-party rights relating to or arising out of Your use of the Vet Med Staffing Sites; or (iv) Your violation of any law or regulation relating to, or arising out of, Your use of, or access to, the Vet Med Staffing Sites.
The Terms shall take effect immediately upon Your access to, or use of, the Vet Med Staffing Sites after the Terms are posted or, if You have executed a separate agreement incorporating or referencing these Terms, the effective date of such agreement. The Vet Med Staffing Sites are provided as a convenience to assist Vet Med Staffing in conducting its business. Vet Med Staffing reserves the right to modify, change, or disable the Vet Med Staffing Sites or Your use of, or access to, the Vet Med Staffing Sites at any time with or without notice. Vet Med Staffing shall not be liable for damages in connection with such terminations, disabling, modifications, or changes.
In addition, Vet Med Staffing reserves the right to modify or terminate the Terms at any time upon reasonable notice to You. Vet Med Staffing may provide reasonable notice of such modifications by posting the new or modified terms (the “Modified Terms”) on the Vet Med Staffing Sites and specifying an effective date that is at least ten (10) days after the date the Modified Terms are initially posted. If You continue to use the Vet Med Staffing Sites without written objection to Vet Med Staffing, You shall be considered to have accepted the Modified Terms as of the effective date stated therein. Such Modified Terms shall apply prospectively only. If the Terms are terminated or modified, these Terms shall apply only to pre-termination or pre-modification use, access, actions, or omissions.
You may terminate any of Your obligations under the Terms at any time by ceasing to use the Vet Med Staffing Sites and, if You are a Registered User, by notifying Vet Med Staffing of Your desire to terminate Your account. Upon termination, You must destroy all copies of Confidential Information in Your possession, custody, or control, except that You may be permitted to obtain a copy of certain Confidential Information to the extent permitted in writing by Vet Med Staffing or where You are legally required to retain such records.
All notices, requests, demands, or other communications to Vet Med Staffing shall be made in writing and shall be addressed to:
Vet Med Staffing, LLC Attention: Legal 4757 Mansfield Street, Suite B San Diego, CA 92116 Email: info@vetmedstaffing.com
Vet Med Staffing may provide notice to You by posting on the Vet Med Staffing Sites or otherwise contacting You at Your last known email address or last known mailing address.
