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Terms and Conditions

This page states the Terms of Use ("Terms") under which You (as defined below) may use www.RehabSurge.com ("RehabSurge.com"). RehabSurge.com allows Users to create individual profiles, which may include personal information (Profiles), and to make these Profiles, or aspects thereof, public.

These Terms include the RehabSurge.com Privacy Statement, each of which is incorporated into these Terms by reference. Please read these Terms carefully. If you do not accept the Terms stated here, do not use RehabSurge.com and its services. By using RehabSurge.com, you agree to be bound by these Terms, including the RehabSurge.com Privacy Statement.

"RehabSurge.com" may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing RehabSurge.com for any reason. The term post as used herein shall mean information that You submit, publish or display on any RehabSurge.com Site (as defined below).

Eligibility

You must be 18 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use RehabSurge.com in any manner. By visiting RehabSurge.com or accepting these Terms, You represent and warrant to RehabSurge.com that You have reached the age of majority in your jurisdiction, and that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to RehabSurge.com that You will use RehabSurge.com in a manner consistent with any and all applicable laws and regulations.

Use of RehabSurge.com Content

RehabSurge.com authorizes You to view and access a single copy of the content available on or from RehabSurge.com solely for your personal use. The contents of RehabSurge.com, and of all other Web sites under RehabSurge.com's control, whether partial or otherwise (RehabSurge.com and such other Web sites are sometimes collectively referred to as "RehabSurge.com Sites") such as text, graphics, images, logos, button icons, software and other RehabSurge.com content (collectively, "RehabSurge.com Content"), are protected under both United States and foreign copyright, trademark and other laws. All RehabSurge.com Content is the property of RehabSurge.com or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the RehabSurge.com Sites is the exclusive property of RehabSurge.com and is protected by and foreign copyright, trademark, and other laws. Unauthorized use of the RehabSurge.com Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademarks, service mark and other proprietary notices contained in the original RehabSurge.com Content on any authorized copy You make of the RehabSurge.com Content.

You agree not to sell or modify the RehabSurge.com Content or reproduce, display, publicly perform, distribute, or otherwise use the RehabSurge.com Content in any way for any public or commercial purpose, in connection with products or services that are not those of RehabSurge.com, in any other manner that is likely to cause confusion among consumers, that disparages or discredits RehabSurge.com or its licensors, that dilutes the strength of RehabSurge.com's or its licensors property, or that otherwise infringes RehabSurge.com's or its licensors intellectual property rights. You further agree to in no other way misuse RehabSurge.com Content that appears on this Site. The use of the RehabSurge.com Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that RehabSurge.com creates to generate or display any RehabSurge.com Content or the pages making up any RehabSurge.com Site is also protected by RehabSurge.com's copyright and you may not copy or adapt such code.

RehabSurge.com Site Restrictions

Users may not use any RehabSurge.com Site in order to transmit, post, distribute, store or destroy material, including without limitation, RehabSurge.com Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Users are also prohibited from violating or attempting to violate the security of any RehabSurge.com Site, including without limitation, the following activities: (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any RehabSurge.com Site, overloading, "flooding", "spamming", "mail bombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. RehabSurge.com will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

Specific Prohibited Uses

RehabSurge.com specifically prohibits any other use of RehabSurge.com, and all Users agree not to do any of the following:

a. Take any action that imposes an unreasonable or disproportionately large load on any RehabSurge.com Site's infrastructure;

b. Notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any RehabSurge.com Site other than the search engine and search agents available from RehabSurge.com on such RehabSurge.com Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari);

c. Decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any RehabSurge.com Site;

d. Aggregate, copy or duplicate in any manner any of the RehabSurge.com Content or information available from any RehabSurge.com Site, without express written consent from RehabSurge.com; or

e. Frame or link to any RehabSurge.com Content or information available from any RehabSurge.com Site. RehabSurge.com does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms please contact us at [email protected] If notified by a User of User Content or other materials which allegedly do not conform to these Terms, RehabSurge.com may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. RehabSurge.com has no liability or responsibility to Users for performance or nonperformance of such activities.

Registration Information

When You register with any RehabSurge.com Site, You will be asked to create a RehabSurge.com Account or other account and provide RehabSurge.com with certain information including, without limitation, a valid email address (your "Information"). Information you submit will be used in accordance with RehabSurge.com's Privacy Statement. RehabSurge.com reserves the right to offer third party services and products to You based on the preferences that You identify in your registration and at any time thereafter; such offers may be made by RehabSurge.com or by third parties. Please see RehabSurge.com's Privacy Statement, the terms of which are incorporated herein by reference, for further details regarding your Information. Without limiting any of the other disclaimers of warranty set forth in these Terms, RehabSurge.com does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through RehabSurge.com or any other RehabSurge.com Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider. You understand and acknowledge that you have no ownership rights in your RehabSurge.com Account, and that if you cancel your RehabSurge.com Account, all your account information from RehabSurge.com, including resumes, Profiles, cover letters, network contacts, saved jobs, questionnaires and email mailing lists, will be marked as deleted in RehabSurge.com's databases and will be removed from any public area of the RehabSurge.com Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through RehabSurge.com's web servers. In addition, third parties may retain cached copies of your Information.

User Content and Submissions

You are solely responsible for your RehabSurge.com account information, content (including, without limitation works in any form, media, or technology whether now known or later developed), messages, audio, video, photos, text, images, compilations or other information ("User Content") that You post on any RehabSurge.com Site or transmit to other Users. You agree that in submitting User Content or otherwise using any RehabSurge.com Site that you will not impersonate any person, or submit any materials to RehabSurge.com that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms.

By posting User Content to any public area of any RehabSurge.com Site, including without limitation, message boards, Profiles, forums, contests and chat rooms, You automatically grant to RehabSurge.com and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such User Content, and to grant and authorize sublicenses thereof (through multiple tiers).

You also represent and warrant that You have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If you post User Content in any public area of any RehabSurge.com Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any RehabSurge.com Site retains any and all rights that may exist in such User Content.

RehabSurge.com acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, RehabSurge.com may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any RehabSurge.com Site. RehabSurge.com reserves the right to expel Users and prevent their further access to the RehabSurge.com Sites and/or use of RehabSurge.com services for violating the Terms or applicable laws, rules or regulations. RehabSurge.com may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for RehabSurge.com, damage RehabSurge.com brand or public image, or cause RehabSurge.com to lose (in whole or in part) the services of its ISPs or other suppliers.

RehabSurge.com does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorses any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.

The following is a partial list of User Content that is prohibited on the RehabSurge.com Sites. The list below is for illustration only and is not a complete list of all prohibited User Content.

Content that:

is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;

harasses, incites harassment or advocates harassment of any group or individual;

involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";

promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;

contains restricted or password only access pages, or hidden pages or images;

displays or links to pornographic, indecent or sexually explicit material of any kind;

provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or

provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and

solicits passwords or personal identifying information from other Users.

Any Profile You submit must describe You, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You. You may not include in your Profile any telephone numbers, street addresses, email addresses or other means of contacting You, other than your last name and URLs.

If notified by a User of User Content or other materials which allegedly do not conform to these Terms, RehabSurge.com may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. RehabSurge.com has no liability or responsibility to Users for performance or nonperformance of such activities. We appreciate hearing from our Users and welcome your comments regarding our services and the RehabSurge.com Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those, which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of RehabSurge.com. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. RehabSurge.com shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.

Registration and Password

You are responsible for maintaining the confidentiality of your RehabSurge.com Account, Profile and passwords, as applicable, and if You are a RehabSurge.com Subscriber, your Billing Account. You may not share your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of your RehabSurge.com registrations and passwords, whether or not authorized by You. You agree to immediately notify RehabSurge.com of any unauthorized use of your profile and passwords as the case may be.

Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement

If You believe that your copyrighted work or trademark has been uploaded, posted or copied to any RehabSurge.com Site and is accessible on such RehabSurge.com Site in a way that constitutes copyright or trademark infringement, please e-mail us at [email protected]

Policy Regarding Termination Of Users Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others

RehabSurge.com, Inc., and all of its affiliated companies respect the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to your use of RehabSurge.com., You agree not to use RehabSurge.com or any other RehabSurge.com Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any RehabSurge.com. Users, and block access to RehabSurge.com and/or the other RehabSurge.com Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.

RehabSurge.com's Liability

RehabSurge.com acts does not screen or censor the listings, including Profiles offered. RehabSurge.com has no control over User Content, the quality, the truth or accuracy of the listings. RehabSurge.com may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for RehabSurge.com, damage RehabSurge.com's brand or public image, or cause RehabSurge.com to lose (in whole or in part) the services of its ISPs or other suppliers. While RehabSurge.com reserves the right in its sole discretion to remove User Content, or other material from RehabSurge.com from time to time, RehabSurge.com does not assume any obligation to do so and disclaims any liability for failing to take any such action.

In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom You come in contact through RehabSurge.com. and/or the other RehabSurge.com Sites. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using RehabSurge.com and/or the other RehabSurge.com Sites.

Because User authentication on the Internet is difficult, RehabSurge.com cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any RehabSurge.com Site, in the event that You have a dispute with one or more Users, You release RehabSurge.com (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

The RehabSurge.com Sites and the RehabSurge.com Content may contain inaccuracies or typographical errors. RehabSurge.com makes no representations about the accuracy, reliability, completeness, or timeliness of any RehabSurge.com Site or the RehabSurge.com Content. The use of all RehabSurge.com Sites and the RehabSurge.com Content is at your own risk. Changes are periodically made to RehabSurge.com Sites and may be made at any time. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any material contained therein placed by You on the RehabSurge.com Sites.

RehabSurge.com cannot guarantee and does not promise any specific results from use of RehabSurge.com or any RehabSurge.com Site. No advice or information, whether oral or written, obtained by a User from RehabSurge.com or through or from RehabSurge.com or any other RehabSurge.com Site shall create any warranty not expressly stated herein.

Disclaimer of Warranty

RehabSurge.com does not warrant that any RehabSurge.com site will operate error-free or that any RehabSurge.com site and its servers are free of computer viruses or other harmful mechanisms. If your use of any RehabSurge.com site or the RehabSurge.com content results in the need for servicing or replacing equipment or data, RehabSurge.com is not responsible for those costs. The RehabSurge.com sites and RehabSurge.com content are provided on an "as is" basis without any warranties of any kind. RehabSurge.com, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. RehabSurge.com makes no warranties about the accuracy, reliability, completeness, or timeliness of the RehabSurge.com content, services, software, text, graphics, and links.

Disclaimer of Consequential Damages

In no event shall RehabSurge.com, its suppliers, or any third parties mentioned on any RehabSurge.com site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use any RehabSurge.com site and the RehabSurge.com content, whether based on warranty, contract, tort, or any other legal theory, and whether or not RehabSurge.com is advised of the possibility of such damages.

Limitation of liability

RehabSurge.com's maximum liability arising out of or in connection with any RehabSurge.com site or your use of the RehabSurge.com content, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed $100.

Links to Other Sites

RehabSurge.com and certain other RehabSurge.com Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by RehabSurge.com of the contents on such third-party Web sites. RehabSurge.com 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 Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.

No Resale or Unauthorized Commercial Use

You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any RehabSurge.com Site.

Indemnity

You agree to defend, indemnify, and hold harmless RehabSurge.com, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any RehabSurge.com Site, (ii) your use of any RehabSurge.com Content, or (iii) your breach of the terms of these Terms. RehabSurge.com shall provide notice to You promptly of any such claim, suit, or proceeding.

General

RehabSurge.com makes no claims that the RehabSurge.com Content may be lawfully viewed or accessed outside of the United States. Access to the RehabSurge.com Content may not be legal by certain persons or in certain countries. If You access a RehabSurge.com or other U.S.-based RehabSurge.com Sites from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed by the internal substantive laws of the Commonwealth of New York, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within New York. If any provisions of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, RehabSurge.com's failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect RehabSurge.com's ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of RehabSurge.com., a particular "Legal Notice," or software license or material on particular RehabSurge.com pages, these Terms constitute the entire agreement between You and RehabSurge.com with respect to the use of RehabSurge.com. No changes to these Terms shall be made except by a revised posting on this page.

Additional Terms

Certain areas of RehabSurge.com and the other RehabSurge.com Sites are subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas.

Term and Termination

These Terms will remain in full force and effect while You are a User of RehabSurge.com at any level. RehabSurge.com reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from RehabSurge.com and the other RehabSurge.com Sites and immediate termination of your registration with or ability to access RehabSurge.com and the other RehabSurge.com Sites and/or any other services provided to You by RehabSurge.com, upon any breach by You of these Terms or if RehabSurge.com is unable to verify or authenticate any information You submit to RehabSurge.com or pursuant to other RehabSurge.com Site registration. Even after You are no longer a User of RehabSurge.com, certain provisions of these Terms will remain in effect, including Sections 2, 6, 8(b), 10 through 20, inclusive.

These Terms constitute a binding agreement between You and RehabSurge.com, and is accepted by You upon your use of the RehabSurge.com Site. By creating an account on our website, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.