Last Updated February 2020
DISPUTE NOTICE: THIS AGREEMENT INCLUDES AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES REFERENCED IN THE ARBITRATION CLAUSE, YOU AGREE THAT DISPUTES WITH MMS WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2. General Use Rules. The site is intended for physicians seeking employment and career information and for employers or recruiters seeking candidates for employment. You may use this site only for lawful purposes in accordance with applicable laws, rules, and regulations.
3. Trademark Ownership. The Massachusetts Medical Society (and logo design), The New England Journal of Medicine (and logo design), and NEJM (“MMS Trademarks”) are trademarks of MMS. Any use of MMS Trademarks in connection with the sale, offering for sale, distribution, or advertising of any goods or services, which is likely to cause confusion, to cause mistake, or to deceive, is strictly prohibited.
4. Web Site Integrity. Interfering with the operation of the NEJM CareerCenter or circumventing the NEJM CareerCenter security system is strictly prohibited.
6. Web Site Modifications and Availability. MMS will make reasonable efforts to keep the NEJM CareerCenter available twenty-four hours a day, seven days a week. However, owing to technical failures, routine maintenance, or other unforeseen circumstances, availability may be limited and MMS will not be responsible for the non-availability of the NEJM CareerCenter. MMS reserves the right to modify, suspend, discontinue, or restrict access to, all or any part of the NEJM CareerCenter at any time.
7. Disclaimer of Warranties and Liability.
a. Allocation of Responsibility. MMS assumes no responsibility for materials submitted by users and no responsibility for the activities, omissions or other conduct of users. MMS acts as a portal 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 documents posted by users. If notified by a user of a submitted material which allegedly does not conform to this agreement, MMS may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such material. MMS has no liability or responsibility to users for performance or nonperformance of such activities. MMS may take any action with respect to user submitted information that it deems necessary or appropriate, in its sole discretion.
b. No Guaranty of Results. MMS makes no representations or guarantees regarding the effectiveness or timeliness of the site in meeting the employment objectives of users. MMS does not guarantee that materials submitted by users will result in candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason made, made by any user.
c. Disclaimer of Warranties
(i) YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF NEJM CAREERCENTER IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. MMS DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING NEJM CAREERCENTER, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. MMS MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICE OFFERINGS DISPLAYED ON OR OFFERED THROUGH NEJM CAREERCENTER IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, TIMELY, OPERATIONAL, ERROR FREE, SECURE, SAFE, OR THAT NEJM CAREERCENTER WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE NEJM CAREERCENTER. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
(ii) Without limitation on the foregoing, MMS makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any materials submitted by users, or of any other form of communication engaged in by users. User agrees that any reliance on materials submitted by users, or on any other form of communication with users, will be at user’s own risk.
8. Limitations of Liability
DESPITE THE FOREGOING LIMITATION OF LIABILITY FOR DAMAGES, IF A TRIBUNAL OF COMPETENT JURISDICTION DECIDES TO AWARD MONETARY DAMAGES TO YOU FOR ANY CLAIM OR CAUSE OF ACTION ARISING FROM THE SAME, THE AMOUNT OF MONETARY DAMAGES FOR SUCH CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO A MAXIMUM AMOUNT OF $100.
9. Employer/Recruiter Specific Terms.
a. Inappropriate Database Use. The profile database is intended for users who are evaluating and hiring medical professionals for their companies. MMS reserves the right to remove any submitted information and disable resume access or an account at any time without prior notification for improper use of the site.
b. Accuracy. The user shall be responsible for the accuracy, timeliness, and completeness of any employment requirements that are placed at the NEJM CareerCenter.
c. Genuine Employment Requirements. The user shall present at the NEJM CareerCenter only genuine and existing employment requirements with the user.
d. Liability for Personnel Selected. MMS is not liable or responsible for any personnel selected by the employer and the employer represents that any selection, retention or hire of any individual or entity is based solely on the user's investigation, verification and determination that such hire is suitable for the user's purposes.
e. Unpaid Postings. MMS reserves the right to remove the job posting(s) if an arrangement for the billing process has not been met within a 24-hour period of posting.
f. Right to Edit Employment Advertisements. MMS reserves the right to edit all employment advertisements. With the exception of edits intended for optimizing searchability, MMS will review any such edited advertisements with the user prior to publication.
g. Discrimination and Bias. Employers/recruiters shall not submit advertisements that reflect, imply or contribute to any discriminatory actions, practices or improper bias. MMS reserves the right to reject any advertisement, or to edit any advertisement to remove any such offending language or implication.
h. Truthfulness, Accuracy, and Authority. Employer/recruiter shall take sole responsibility to ensure that its advertising is true and accurate and conforms to all applicable laws, standards and regulations and the employer/recruiter represents and warrants to MMS that it has all necessary authorization for the placement of the entire content of its advertising within the site. MMS may however decline any advertising or discontinue further publication of any advertising, at any time and for any reason, and shall not be liable in any manner as a result of such action, except to refund a prorated portion of any fees then paid.
10. Indemnity. You agree, to the extent permitted by law, to indemnify, defend, and hold harmless MMS, including its partners, affiliates, officers, directors, agents, subsidiaries, joint ventures, employees, contractors, successors, or assignees and third-party service providers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of NEJM CareerCenter; (b) your breach of this Agreement; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any claim. We will provide you with timely notice of any such claim, suit or proceeding.
11. Arbitration, Class-Action Waiver and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Waiver of Jury Trial
MMS AND YOU EACH AGREE TO WAIVE THE RIGHT TO A TRIAL BY JUDGE OR JURY FOR ALL DISPUTES, EXCEPT FOR DISPUTES RELATING TO THE ENFORCEMENT OR INFRINGEMENT OF YOUR OR OUR INTELLECTUAL PROPERTY RIGHTS (SUCH AS COPYRIGHTS, TRADEMARKS, DOMAINS, LOGOS, TRADE DRESS, TRADE SECRETS, AND PATENTS). Such disputes include those relating to, arising out of, or in any way in connection with your rights of privacy and publicity, will be resolved through final and binding arbitration, which is typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. MMS and you agree not to combine a dispute that is subject to arbitration under this Agreement with a dispute that is not eligible for arbitration under this Agreement.
Waiver of Class or Consolidated Actions
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth herein.
Required Use of AAA
You agree that the arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes (together, the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a dispute, and a description of the arbitration process are available at www.adr.org. The arbitrator will decide whether a dispute can be arbitrated. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules.
12. International Use. NEJM CareerCenter is controlled and operated within the United States of America. The MMS makes no representation that NEJM CareerCenter or content made available through NEJM CareerCenter are appropriate or available for use outside of the United States. Certain items available through NEJM CareerCenter may be subject to U.S. export laws and regulations. In such event, you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo and that you are not on any U.S. Government list of prohibited, blocked, or restricted parties.
14. Endorsements. Nothing on the site shall be considered an endorsement, representation or warranty with respect to any user or third party, whether in regard to its website, products, services, hiring, experience, employment or recruiting practices, or otherwise unless expressly stated by MMS. MMS 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 user decides to access linked third-party web sites, user does so at his/her own risk.
16. Notification of Copyright-Infringement Claims in Accordance with 17 U.S.C. § 512
The Massachusetts Medical Society respects the intellectual property ownership rights of others. If you believe that any copyrighted work in which you own an exclusive right is accessible on or through this Web site in a way that infringes your right, you may notify us by providing the following items to our designated agent:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work, or a representative listing of the copyrighted works, that you claim have been infringed;
- Identification of the material that you claim to be infringing or to be the subject of infringing activity and information reasonably sufficient to locate the material;
- Information for contacting you, including your address, telephone number, and, if available, e-mail address;
- A statement that you have a good-faith belief that the claimed infringement is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in your notice is accurate, and under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
You may contact our agent designated to receive notice of claims of copyright infringement as follows:
Office of the General Counsel
Massachusetts Medical Society
860 Winter Street
Waltham, MA 02451-1411