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TERMS OF USE (the "AGREEMENT") Welcome to nrmc.org, the Web site of Navapache Regional Medical Center (the "Web site"). The conditions below govern use of the Web site. By using the Web site, you accept these terms and conditions, which Navapache Regional Medical Center ("NRMC"), the Web site’s owner, reserves the right to change from time to time. You acknowledge that information within the Web site may contain errors, mistakes, or be out-of-date, and may change at any time and from time to time. You agree not to use the Web site for any purpose that is unlawful or prohibited by this agreement or any applicable terms, conditions, and notices. You agree to familiarize yourself with this agreement and any notices, terms of use, or guidelines provided on the web site, and to abide by them all (the "Agreement"). Any violation of this Agreement by you, in NRMC’s sole determination, may result in immediate termination of your rights to use the Web site. The Web site is limited to personal, noncommercial use. No resale or commercial use of the Web site, or of data contained within the Web site, is allowed. NRMC may establish limit on use of the Web site, or may restrict or terminate access to the Web site by any user or users, at any time. NRMC does not endorse or warrant any job or position posted on or delivered in connection with the Web site by a potential employer. NRMC does not endorse or warrant any resume or application posted on or delivered in connection with the Web site by a potential employee. All potential employers and potential employees are responsible for their content as well as their own investigation and review of any other user of the Web site. NRMC has no responsibility for timeliness, deletion, mis-delivery, or failure to store information within or by the Web site. NRMC may edit, delete, or refuse any content on the Web site at any time. NRMC also has all rights to use anything you upload or post on the Web site. You acknowledge that NRMC owns all rights, including copyright, trademark, trade secret, and other intellectual property rights to or relating to the Web site and the web site. You agree not to copy, republish, duplicate, resell, lease, reverse engineer, or otherwise alter or modify the Web site or the information within the Web site (except to update your individual data or your member institution’s job postings, as the case may be). You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Web site, except as allowed by this Agreement. You agree to comply with security procedures as specified from time to time regarding transmission, receipt, and retention of information obtained through the Web site. You agree to shall access the Web site’s Internet web site through passwords or other security procedure as NRMC may specify from time to time. You agree not to commit any unauthorized access to the Web site; not to interfere with service offered by the Web site; not to distribute "spam" or other advertising through the Web site; and not to mask or provide deceptive TCP/IP packet headers or header information in any communications using the Web site. The Web site may contain, for convenience only, links to other web sites. NRMC does not control such web sites and is not responsible for their contents, including their availability, content, or any viruses or cookies accepted through them. Inclusion of links to such web sites does not imply any endorsement of the material on such web sites or any association with their operators. NRMC also may monitor the Web site or pre-screen uploaded information, but has no obligation to do so. NRMC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, including by any law enforcement agency. You acknowledge that others may read communications within the Web site without your knowledge or consent. NRMC specifically disclaims any liability with regard to any actions resulting from your participation in the Web site. NRMC cannot guarantee the safety, security, or use of information uploaded to the Web site. You agree to use the Web site only to send and receive messages and material that are proper and related to the purposes of the Web site. By way of example, and not as a limitation, you agree that you will not:
By using the Web site, you grant NRMC unrestricted and royalty-free permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such communication, or to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. You agree to indemnify NRMC from any liability arising out of any information you upload or post to the Web site. You also assume all risks and liabilities arising out of any information you choose to download or access from the Web site. You acknowledge that NRMC is accumulating and disseminating information gathered from other parties not under its control. Third parties periodically will add, change, or delete this information. NRMC will not verify any such information independently. ACCORDINGLY, YOU ACKNOWLEDGE THAT NRMC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, AND DATA CONTAINED ON THE WEB SITE FOR ANY PURPOSE (INCLUDING, WITHOUT LIMITATION, ANY ERRORS, FAILURE OF ACCESS, INTERRUPTION OF SERVICE, OR UNAVAILABILITY). ALL SUCH INFORMATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. NRMC DISCLAIMS ALL REPRSENTATIONS AND WARRANTIES WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. No advice or information obtained from the Service, or from any employee or agent of NRMC, shall create any warranty not expressly stated in this Agreement. IN NO EVENT SHALL NRMC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITE, WITH DELAY OR INABILITY TO USE THE WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, AND DATA OBTAINED THROUGH THIS AGREEMENT OR THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF NRMC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY ASPECT OF THE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE. Some jurisdictions do not allow the exclusion of certain warranties, or the limitation or exclusion of liability for incidental or consequential damages; accordingly, some of the above limitations may not apply to you. Arizona law shall govern this Agreement. You consent to the exclusive jurisdiction and venue of courts in Navajo County, Arizona, in all disputes arising out of or relating to the use of the Web site. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NRMC as a result of this Agreement or the use of the Web site. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. You also agree that, given the nature of the Web site, NRMC will be entitled to seek equitable relief in response to a breach of this Agreement by you, in addition to money damages. This Agreement, including any applicable terms, conditions, and notices, constitutes the entire agreement between you and NRMC with respect to the Web site and supersedes all prior or contemporaneous proposals and communications, whether electronic, oral or written, between you and NRMC with respect to the Web site. A printed version of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted in this Agreement are reserved.
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