The Company represents and warrants to AVMA that it has all necessary authority to publish the content of its advertisement on the VCC. All advertisements shall include only true and accurate information regarding genuine existing employment opportunities with Company and any lawful requirements associated with such opportunities.
The VCC and all materials available on VCC are the property of the AVMA and are protected by copyright, trademark, and other intellectual property laws. Company may not use the VCC or the materials available on VCC, including without limitation access to or the contents of the Resume Database, in a manner that constitutes an infringement of AVMA's rights or that has not been authorized by AVMA. More specifically, unless explicitly authorized in these terms and conditions, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the VCC. Company may, from time to time, for non-commercial use, download and/or print one copy of individual pages of the VCC, provided that all copyright and other proprietary notices are kept intact.
When submitting or posting an advertisement or other material, Company grants AVMA a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such advertisement or other material, in whole or in part, in any manner or medium (whether known or hereinafter developed), for any purpose chosen by AVMA in its sole discretion. The foregoing grant includes the right to exploit any proprietary rights in such advertisement or other material, including but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant AVMA the right to identify Company as the author of any of Company's advertisements or other material, by name, email address or screen name, as AVMA deems appropriate.
AVMA reserves the right to receive advertisements from any approved job advertising distribution services provider that it deems acceptable. AVMA further retains the right in its sole discretion to disallow or deny advertisements from entities that are not suitable for AVMA's purposes.
AVMA retains sole discretion to determine whether Company's use of VCC is in compliance with these terms and conditions, and acceptable for AVMA's purposes and standards. AVMA reserves the right to remove or deny any advertisement, or terminate Company's use of VCC, for any reason, including without limitation failure to provide timely payment. AVMA may however decline any advertisement or discontinue further publication of any advertisement, 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 unused prepaid subscription.
AVMA reserves the right to terminate the use of any username or account, or to deny access to the VCC or any features of the VCC, to anyone who violates these terms and conditions or who, in AVMA's sole judgment, interferes with the ability of others to enjoy the VCC or infringes the rights of others.
AVMA assumes no responsibility or liability for any personnel selected by Company and Company represents that any selection, retention or hire of any individual is based solely on Company's investigation, verification and determination that such hire is suitable for Company's purposes.
If Company purchases products or services, such as an advertisement, on the VCC, the information provided by Company as part of the transaction, such as credit card number and contact information, may be collected by both the AVMA and a third party merchant ("Boxwood"). AVMA has no responsibility or liability for Boxwood's policies and business practices. In addition, when purchasing products or services on or through the VCC, Company may be subject to additional terms and conditions from Boxwood that specifically apply to Company's purchase or use of such products or services. For more information regarding Boxwood, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit Boxwood's website. Company releases AVMA from any damages that Company incurs, and agrees not to assert any claims against AVMA arising from Company's purchase or use of any products or services made available by third parties through the VCC.
Company agrees to indemnify, defend (using counsel acceptable to AVMA) and hold harmless AVMA and its directors, officers, employees, and agents, from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, that arise out of Company's use of the VCC, violation of these terms and conditions by Company or any other person using Company's account, or Company's violation of any rights of another. AVMA reserves the right to take over the exclusive defense of any claim for which any indemnified party is entitled to indemnification under this section. In such event, Company agrees to provide the indemnified party with such cooperation as is reasonably requested.
AVMA reserves the right, but not the obligation, to edit all job postings or other advertisements. If AVMA edits any job posting or advertisement, AVMA may in its sole discretion review such edits with Company prior to publication.
The Company is solely responsible for all content of any advertisement placed on VCC by Company and for ensuring that such content conforms to all applicable local, state, and federal laws and regulations, including without limitation all equal employment opportunity laws. No advertisement submitted by the Company shall reflect, imply or contribute to any discriminatory actions, practices, improper bias, or violation of any local, state, or federal law. AVMA reserves the right, but not the obligation, to edit any advertisement to remove any such offending language or implication. You can review helpful information from the U.S. Department of Justice at http://www.justice.gov/crt/about/osc/htm/best_practices.php.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL AVMA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, MULTIPLE, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE VCC, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE VCC, EVEN IF AVMA IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO COMPANY. IN SUCH STATES, AVMA'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) COMPANY SPECIFICALLY ACKNOWLEDGES AND AGREES THAT AVMA IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF COMPANY IS DISSATISFIED WITH THE VCC, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE VCC, OR WITH ANY OF THE VCC'S TERMS AND CONDITIONS, COMPANY'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE VCC.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE VCC AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AVMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AVMA DOES NOT WARRANT THAT THE VCC OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF VCC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AVMA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE VCC OR MATERIALS ON THE VCC OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. COMPANY ACKNOWLEDGEs THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO AVMA TO GRANT THE LICENSE CONTAINED IN THESE TERMS AND CONDITIONS AND TO PROVIDE COMPANY WITH ACCESS TO THE VCC AND SERVICES.
AVMA reserves the right to change these terms and conditions or impose new conditions on use of the VCC, from time to time, in which case we will post the revised terms and conditions on the VCC. By continuing to use the VCC after we post any such changes, Company accepts the terms and conditions as modified.