Last Modified: October 19 2022
General Uses and Restrictions
MSH does not guarantee that you will receive any employment or job offers through the MSH Sites and is neither your employer nor your agent based solely on your usage of the MSH Sites.
Accessing the MSH Sites and Account Security
We reserve the right to withdraw or amend the MSH Sites, and any service or material we provide on the MSH Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the MSH Sites is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the MSH Sites to users, including registered users.
MSH has restricted access to certain portions of the MSH Sites, including the MSH Connect portal, and its application, profile, shift, and other sections of MSHhealthcare.com (collectively the “Restricted Sites”), to users with legitimate MSH-related business reasons for using such Restricted Sites who have registered with MSH or to whom MSH 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 to the extent such access and use directly relates to, or is necessary for, an existing or prospective employment relationship with MSH or an existing or prospective business relationship or agreement between You and MSH (the “Permitted Uses”).
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 MSH, You shall immediately: (i) notify MSH of such breach or such potential breach at the address specified below, (ii) investigate such breach or such potential breach and inform MSH of the results of such investigation, and (iii) assist MSH as reasonably necessary to enforce MSH’s rights and to enable MSH to comply with any state or federal law requiring the provision of notice of any security breach with respect to the breach.
Intellectual Property Rights
The MSH Sites and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by MSH, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You expressly acknowledge and agree that MSH transfers no ownership, intellectual property interest, or title in or to the MSH 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 MSH Sites, unless otherwise indicated, are owned, controlled, or licensed by MSH. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the MSH Sites, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the MSH Sites for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
The MSH Sites are Copyright © 2022 Medical Staff Holdings. All rights reserved. Your unauthorized use of the MSH Sites, Confidential Information, MSH 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.
Compliance with Applicable Laws
The MSH Sites may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the MSH Sites.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All so-called moral rights in the content have been waived.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not MSH, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the MSH Sites. MSH assumes no responsibility for the deletion of or failure to store any posting, transmission, documents, or information stored or submitted on the MSH Sites.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, offensive, obscene, harassing, violent, hateful, inflammatory or discriminatory, including on any basis protected by applicable federal, state or local law.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Violate or infringe 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.
Constitute unsolicited marketing efforts, including “junk email,” “spam,” or chain letters.
Interfere with or disrupt the performance of the MSH Sites or servers or systems used to host or operate the MSH Sites, MSH’s servers or systems, or the servers or systems of other users of the MSH Sites.
Attempts to circumvent or misuse the user authentication or security measures of the MSH Sites.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the MSH Sites.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the MSH Sites.
YOU WAIVE AND HOLD HARMLESS MSH AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the MSH Sites and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate MSH, an MSH employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the MSH Sites, or which, as determined by us, may harm MSH or users of the MSH Sites, or expose them to liability.
Alleged Copyright Violations
It is the policy of MSH 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 MSH Sites, please notify MSH in writing at the address provided below.
Links to Other Sites
MSH may provide links, in its sole discretion, to other sites and resources provided by third parties, for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the MSH Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the MSH Sites is based in the State of Florida in the United States. We provide the MSH Sites for use only by persons located in the United States. We make no claims that the MSH Sites or any of its content is accessible or appropriate outside of the United States. Access to the MSH Sites may not be legal by certain persons or in certain countries. If you access the MSH Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the MSH Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE MSH SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MSH SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE MSH SITES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE MSH SITES IS AT YOUR OWN RISK. THE MSH SITES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE MSH SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MSH NOR ANY PERSON ASSOCIATED WITH MSH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE MSH SITES. WITHOUT LIMITING THE FOREGOING, NEITHER MSH NOR ANYONE ASSOCIATED WITH MSH REPRESENTS OR WARRANTS THAT THE MSH SITES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MSH SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE MSH SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MSH SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, MSH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MSH, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE MSH SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE MSH SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW
Changes to the MSH Sites
We may update the content on the MSH Sites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the MSH Sites may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the MSH Sites
Term and Termination
All notices, requests, demands or other communications to MSH shall be made in writing and shall be addressed to:
Medical Staff Holdings
3511 West Commercial Boulevard
Fort Lauderdale, Florida 33309
MSH may provide notice to You by posting on the MSH Sites or otherwise contacting You at Your last known email address or last known mailing address.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
You may not assign Your rights or obligations to any other person or entity without MSH’s prior written consent.