It requires you to arbitrate disputes with Medely and limits the manner in which you can seek relief from us. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the TOS Agreement (including the Arbitration Agreement). The Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. Quickly book a highly qualified professional when you are short staffed. In the event you violate this Section 13.4, we reserve the right, in our sole discretion, to immediately take any and all of the actions set forth herein without any notice or warning to you.Our Properties can be accessed from countries around the world, but our Services are only available in the United States. trust Medely for their staffing needs. Request a Professional. You agree that the provisions in this Section 8 will survive any termination of your Account, the Agreement, or your access to Our Properties.9.1 As Is. If you believe Medely made an error in processing your payment(s), please contact us at the contact information listed in Section 1 (Questions & Concerns).Payments For Requests Through Medely. Such Supplemental Terms will either be listed in this TOS Agreement or will be presented to you for your acceptance when you sign up to use the supplemental Service. We will do our best to address your concerns. §§ 1 et seq.) However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. This provision does not require you to indemnify any of the Indemnified Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. By using Our Properties, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a country that supports terrorists, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
With flat rate pricing, you’ll save 40% or more versus traditional staffing agencies. After a Professional accepts a job, the pricing rate for that job cannot be adjusted. Each Request will be for one Professional (i.e. 16.4 Waiver of Bench or Jury Trial.
You agree to pay each Monthly Invoice within [ten (10) days] from either: (i) the date that we display the Monthly Invoice in your Account or, if earlier, (ii) the date you receive the Monthly Invoice from us.We will provide you our fee schedule when you create an Account. In the event a violation is identified, Medely or its affiliates may (1) charge your Payment Provider the Opt-Out Fee (including interest), to the extent permitted by law, or may send you an invoice for the Opt-Out Fee (including interest), which the User shall pay within 30 days; (2) terminate your account and revoke your authorization to use the platform; and/or (3) charge you for all losses, costs and reasonable expenses (including reasonable attorney’s fees) related to investigating such breach and the collection of such fees.For purposes of this Section 7, “you” refers only Medical Facilities (and no other Users). The rights granted to you in the Agreement are subject to the following restrictions:You shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Our Properties or any portion of Our Properties, including the Website;Except as expressly stated herein, you shall not copy, modify, reproduce, distribute, republish, download, display, post, repost, or transmit, in any forms or by any means, any part of Our Properties;You shall not remove or destroy any copyright, trademark, service mark, or other proprietary rights notices or markings contained on or in Our Properties;You shall not frame or use framing techniques to enclose any of Our Properties, including any trademark, logo, images, text, or page layout;You shall not use any metatags or other “hidden text” using Medely Marks;You shall not modify, translate, adapt, merge, or make derivative works of any part of Our Properties; andYou shall not use any manual or automated software, devices or other processes (including spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).Any future release, update or other addition to Our Properties shall be subject to the Agreement. - Pavilion Surgery Center in Orange County, California YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THE AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.The Federal Arbitration Act (9 U.S.C.
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