New Member Form

Terms of Service:
These TERMS OF SERVICE (these "Terms") are made by and between HEALTHCARE SALES AND MARKETING NETWORK LLC, a Pennsylvania limited liability company ("HSMN"), and  you, the entity or individual who wishes to access the member only areas of any web site owned or operated by HSMN ("User").  By clicking the "I Agree" box, User: (1) represents that User has read and understood these Terms; and (2) accepts each of the terms and conditions of these Terms.  If User does not agree to each of the terms and conditions of these Terms, then User must not click the "I Agree" box.  If the "I Agree" box is not clicked, this registration process will terminate without obligation to either HSMN or User.
1. Access.  Subject to the terms and conditions of these Terms, HSMN hereby grants User access to the member only areas (but excluding the Employers and Recruiters Area) of the web site located at salesandmarketingnetwork.com and such successor URL(s) as HSMN may determine from time to time (the "Member Areas").
2. Term.  User's privilege to access the Member Areas shall remain in effect for a one (1) year period ending on the first annual anniversary of the date of registration (the "Initial Term").  Users shall have the opportunity to renew for successive one (1) year periods (each, a "Renewal Term") without interruption of service. [HSMN will notify User of each annual renewal via email (at the email address then on file with HSMN) at least thirty (30) days prior to the expiration date.]
3. Payment.  HSMN will generally require User to pay for access to the Member Areas at the time of registration and at the time of each annual renewal through a credit card transaction.  At HSMN's discretion, however, HSMN may permit other modes of payment including issuance of a purchase order followed by prompt payment.  Notwithstanding anything to the contrary, HSMN may immediately suspend or terminate User's access to the Member Areas if User fails to pay all applicable fees by the applicable due date.
4.  Chat Groups; Message Boards.  User may participate in various chat groups and/or message boards operated on the Member Areas.  User must adhere to HSMN's then-current when participating in such chat groups and/or message boards.  HSMN reserves the right to amend its Discussion Standards at any time and to remove any postings and other content that it deems to not comply with such Discussion Standards.  HSMN may, without any compensation to User, use and publish any and all postings on chat groups and message boards in any way that is deems appropriate.  User covenants that it will not post any defamatory, pornographic, obscene, infringing or misappropriating content.
5. Privacy.  
(a) Biographical Information and Profiles.  Simply stated, the goal of the HSMN web site is to build, manage and distribute a directory of professional biographical information concerning, and profiles of, its members.  Therefore, User should have no expectation that any information or profiles that it provides to HSMN (other than financial information such as credit card numbers) will be private or not distributed or shared with third parties.  To the contrary, any information (other than financial information such as credit card numbers) and profiles that User provides to HSMN will be shared and disclosed to HSMN affiliates and business partners and will be available for searching and review by other members and employers and recruiters of HSMN.  User, however, is in complete control of the information and profiles maintained by HSMN regarding User.  User can provide as much or as little information concerning User as User determines (except that HSMN will always list User's name in its biographical database) in User's sole discretion and may in User's sole discretion determine whether to post a profile concerning User.  Furthermore, User may at any time access User's profile and add, change or delete any biographical information regarding User maintained by HSMN (except that HSMN will always list User's name in its biographical database) and may at any time amend or delete any profile concerning User.  Of course, anyone who has gained access to HSMN databases (such as other members, employers, recruiters and HSMN affiliates and business partners) may have retained a copy of User's biographical information or profile in their own files or databases prior to User amending or deleting such information or profiles.  HSMN is not responsible for the retention, use, or privacy of User's biographical information or profile by these persons or entities, or for the use of profiles by any of such parties while profiles are in the database.
(b) Other Information.  HSMN gathers information about all of our users collectively, such as what areas users visit most frequently and what services users access the most.  HSMN only uses such data anonymously and in the aggregate and may share this information with our partners, but only in the aggregate.  HSMN employs other companies and individuals to perform functions such as hosting our web servers, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service.  These other companies will have access to your personal information as necessary to perform their functions, but they may not share that information with any third party.
(c) Cookies.  HSMN may at any time use cookies.  Cookies are small files that web browsers place on a computer's hard drive that, among other things, remember user names and passwords and preferences and track click streams.  User may configure its web browser to reject cookies, however, doing this may hinder performance and negatively impact User's experience on HSMN web sites. 
(d) Amendment.  HSMN may amend the policies set forth in this Section 5 at any time by giving User five (5) days prior notice of the change which notice will remind User that he or she may at any time add, change or delete any biographical information regarding User maintained by HSMN (except that HSMN will always list User's name in its biographical database) and may at any time amend or delete any resume concerning User.
6. Feedback.  Any ideas or suggestions received from you about how to improve HSMN web sites or the products or services of HSMN or any affiliates of HSMN shall be deemed a grant of permission by you for HSMN to adopt and use such ideas or suggestions without additional consideration.
7. Third Party Information.  HSMN may from time to time provide links and pointers to websites maintained by affiliates of HSMN or other third parties ("Third Party Sites") and may from time to time provide third party material on its web site.  Third Party Sites and third party materials are provided as a convenience only.  HSMN has not reviewed, and does not operate or control in any respect, any information, products or services available on Third Party Sites, and HSMN is not responsible for any information provided at or the privacy policies of any Third Party Sites.  HSMN makes no representations and provides no warranties whatsoever concerning Third Party Sites, and the fact that HSMN has provided a link to any Third Party Site does not constitute an endorsement, authorization, sponsorship or affiliation by HSMN with respect to such Third Party Site or its owners or providers or any products or services mentioned or offered at the Third Party Site.  HSMN expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by, advertised on, or sold through, all Third Party Sites.
8. Intellectual Property.  User acknowledges and agrees that the intellectual property of HSMN is and shall remain the sole property of HSMN and nothing in these Terms shall confer in User any right of ownership or license rights in HSMN's intellectual property.  In particular, any and all text, graphics, audio, design, software, and other works on a HSMN web site and any reproductions of any of the foregoing (collectively, "Works") are the copyrighted works of HSMN or its third party suppliers, unless otherwise indicated.  Any use of any Works, including reproduction, modification, distribution, or republication, without the prior written permission of HSMN is strictly prohibited.  Removing or changing the copyright notice on any Works is prohibited.  The Healthcare Sales and Marketing Network™, and all page headers, graphics, logos and button icons are service marks, trademarks, and/or trade dress (collectively, "marks") of HSMN.  HSMN prohibits the use of any mark of HSMN unless the establishment of such a link is approved in advance by HSMN in writing.  All other trademarks, service marks, product names and company names or logos used on a HSMN web site are the property of their respective owners.
9. Indemnification.  User shall indemnify, defend and hold harmless HSMN, its affiliates, and its and their officers, directors, employees, successors and assigns from any and all loss, damage or liability (including reasonable attorneys' fees) resulting from any claim, complaint, suit, proceeding or cause of action against any of them related to: (a) any claim that any of User postings defame or invades the right of privacy or publicity of any third party or infringes the copyright, trademark, patent, trade secret or other intellectual property right of any third party; or (b) any claim related to a violation of User of these Terms or User's use of any HSMN web site.
10. Disclaimer of Warranties.  HSMN PROVIDES ITS SERVICES "AS IS" AND ON AN "AS AVAILABLE" BASIS AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF AVAILABILITY, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.  MOREOVER, HSMN DOES NOT WARRANT THE ACCURACY, CURRENCY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS LOCATED ON OR LINKED TO ANY HSMN WEB SITE.  ACCORDINGLY, ALL CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
11. Limitations of Liability.  IN NO EVENT SHALL HSMN BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR HSMN SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT , CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF, OR RELATED TO, ANY HSMN WEB SITE OR THE INFORMATION CONTAINED THEREIN, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
12. General.
(a) Assignment.  User may not assign this Agreement, in whole or in part, without HSMN's prior written consent.
(b) Governing Law; Choice of Forum.  The validity, interpretation and performance of these Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to the conflict of law provisions of any jurisdiction.  The state and federal courts serving Chester County, Pennsylvania shall have exclusive jurisdiction over any case or controversy that may arise under, related to or in respect of these Terms or Users use of any HSMN web site.
(c) Notices.  Any notice to HSMN shall be in writing and delivered by nationally-recognized overnight courier or certified or registered mail, postage prepaid, and will be deemed given upon one (1) business day after deposit with the nationally-recognized overnight courier or five (5) days after deposit in certified or registered mail.  Notices sent to User shall be sent to User at the email address then on file with HSMN.  Notices sent to HSMN shall be sent to PO Box 237, Newtown Square, PA 19073-0237 or such other address as HSMN may determine by giving notice to User. 
(d) Severability.  If any provision of these Terms is or becomes invalid or is ruled illegal by any court of competent jurisdiction or is deemed unenforceable, the remainder of these Terms shall not be affected thereby.  A provision which is as similar as possible in economic and business objectives as such invalid, illegal or unenforceable provision, but which is valid, legal and enforceable, shall be substituted in lieu of each such provision which is invalid, illegal, or unenforceable.
(e) Force Majeure.  HSMN shall be excused from any delay in performance by reason of a force majeure event, including, but not limited to, act of God, delay in transportation, fire, flood, earthquake, storm, war, terrorist act, act of a public enemy, civil commotion or any law, rule, regulation, order or other action by any public authority or any other matter reasonably beyond HSMN's control. 
(f) Miscellaneous.  These Terms embody the entire understanding between User and HSMN and supersede any prior understanding and agreements between them with respect to access to and use of any HSMN web site.  There are no representations, agreements, arrangements or understandings, oral or written, between the parties hereto relating to the subject matter of these Terms which are not fully expressed herein.  Except as set forth in Section 5(d), no change, modification, extension, termination or waiver of these Terms, or any of the provisions contained in these Terms, shall be valid unless made in writing and signed by User and a duly authorized representative of HSMN.
I agree to the Terms of Service above.
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