Terms of Service

Last updated: September 7th, 2021

K Fortressa LLC dba Key Med Staff (“Key Med Staff” or we, our, or us) is a company that provides consulting and staffing for medical companies for peer review work as well as providing highly qualified staff  for medical hospitals and clinics.  

The health professional applying for jobs shall be known collectively as “Users”. Your or you as used herein  refers to the Users. The following Terms and Conditions outline your obligations when using our websites  and services. 

ACCEPTANCE OF TERMS 

The Key Med Staff Internet site, and all related sites and mobile applications (if applicable), and the various  content, features, and services offered on and in connection with these sites and applications (collectively, the  “Sites and Services”) are owned and operated by Key Med Staff and can only be accessed and used by you  under the Terms and Conditions described below (“Terms and Conditions”). 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING,  DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BECOME  BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS  AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES. 

MODIFICATIONS OF TERMS AND CONDITIONS 

We may, in our sole discretion, modify these Terms and Conditions at any time effective upon posting the  modified Terms and Conditions on and in connection with the Sites and Services, with or without additional  notice to you. You are responsible for regularly reviewing information posted on the Sites and Services to  obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately  stop using the Sites and Services and to provide us notice to remove you from any distribution lists or other  communication list that are available to you through your use of the Sites and Services. YOUR  CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER  NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED  TERMS AND CONDITIONS. 

USE OF THE SITE AND SERVICES 

Subject to full compliance with these Terms and Conditions, Key Med Staff grants authorized users a  nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Sites and Services  for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute,  transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your  personal use and as described in these Terms and Conditions, without the express written consent of Key  Med Staff. Key Med Staff may modify, update, suspend or discontinue the Sites and Services, in whole or in 

part, at our sole discretion for any or no reason, at any time and with or without notice. Key Med Staff shall  not be liable to any user or other third party for any such modification, update, suspension or discontinuance. 

APPLYING FOR POSITIONS  

Users shall apply for positions by providing the following information: Name, email address, copy of a resume, a cover letter, and a check box indicating whether or not the User is board certified.  

We may require that you create an account to use or access certain parts of the Sites and Services and use  certain products and features. We may require that you provide login information such as a username and  password to access and utilize your account. As a condition of your use of the Sites and Service, you agree to (a) provide us with true, accurate, current and complete information as prompted by the our registration forms, when registering for or using the Sites and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all  activities that occur under your username and password. 

User access may be denied if it is deemed that the User is not a health professional.  

You agree that no guarantee is made by us with regards to the acceptance of a job application or any role and  that simply applying does not guarantee that you will be approved for a job/role.  

USER CONDUCT 

As a condition of your access and use of the Sites and Services and your submission or access to any blog  posts, posts, communications, information, data, text, photographs, audio clips, audiovisual works, or other  materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services  for any purpose that is unlawful or prohibited by these Terms and Conditions, or any other purpose not  reasonably intended by us. By way of example, and not as a limitation, you agree not to: violate these Terms and Conditions, other applicable agreement with us, and any applicable local, state,  national or international law, and any rules and regulations having the force of law; use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or  violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe,  misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual  property rights; use the Sites and Services or our Content for any purposes not authorized by these Terms  and Conditions, including commercial, political, or religious purposes, including the submission or  transmission of any Content that contains advertisements, promotional materials, junk mail, or any other  form of solicitation; reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose  unrelated to your personal purchasing decisions, without the express written consent of Key Med Staff,  which consent may be withheld by Key Med Staff in our sole discretion; post irrelevant Content, repeatedly  post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on  our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any  activities conducted on the Sites and Services; harass, threaten, intimidate, impersonate, or attempt to 

impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Key Med Staff, or otherwise attempt to  mislead others as to the identity of the sender or the origin of a review or rating; knowingly provide or  submit false or misleading information; 

use the Sites and Services if you are under the age of eighteen (18); take any action that would undermine  the review and rating process under the Sites and Services; attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and  Services; use the Sites and Services in any way that could interfere with the rights of Key Med Staff or the  rights of other users of the Sites and Services; attempt to gain unauthorized access to any portion or feature  of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any  server used by Key Med Staff by hacking, password ‘mining’ or any other illegitimate or unauthorized  means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user; sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms and Conditions; transmit or submit any  transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services; access, download,  monitor, or copy any information contained on our Sites and Services through artificial means (including but  not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or  circumvent the navigational structure or representation of the Sites and Services or any content, to obtain or  attempt to obtain any Content, materials, documents or information through any means not purposely made  available through the Sites and Services; or probe, scan or test the vulnerability of the Sites and Services or  any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up,  trace or seek to trace any information on any other user of the Sites and Services, or any other customer of  Key Med Staff, including any Key Med Staff account not owned by you, to our source, or exploit the Sites  and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Key Med Staff and provided for by the Sites and Services. 

OUR SERVICES 

When using or accessing particular services or goods or features of the Sites and Services, you shall be  subject to any posted agreements, guidelines, or rules applicable to such services or features that may be  posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into  the Terms and Conditions. 

SUBMITTING CONTENT 

As a condition of submitting any Content or other materials to the Sites or Services, you agree that:  you grant to us a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and  sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create

derivative works from, incorporate such Content into other works; you grant to us all rights necessary to  publish or refrain from publishing your name and address in connection with your Content; sublicense  through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your  Content is submitted to the Sites and Services; you grant to us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party; your name and report information may be made available to the public and to  the Users on which you report; you represent that you own or have secured all legal rights necessary for the  Content submitted by you to be used by you, us, and others as described and otherwise contemplated in these  Terms and Conditions; you represent and warrant that each person identified, depicted, or shown in your  Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms and Conditions; you are solely responsible for your posts; We may, in  our sole discretion, choose to remove or not to remove posts once published; you will not submit any posts that may be considered by us to be infringing, harassing, libelous, abusive, threatening, obscene, profane,  hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable; all of your posts will either be based upon  (i) your actual first-hand experiences and knowledge and accurate, honest, truthful, and complete in all respects; you will not submit posts with hyperlinks; or the posts that you provide do not reflect the views of  Key Med Staff, our officers, managers, owners, employees, agents, designees or other users. 

PUBLICATION AND DISTRIBUTION OF CONTENT 

We do not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or  through the Service. You acknowledge that we simply act as a passive conduit to connect mental health  professionals and related Content (“User Content”). You understand that all Content and User Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that we do not control, and are not responsible for Content  or User Content made available through the Service, and that by using the Service, You may be exposed to  Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own  judgment, and bear all risks associated with, the use of any Content and User Content. 

You further acknowledge that we have no obligation to screen, preview, monitor or approve any Content or  User Content, or Content posted or submitted by any User. However, we reserve the right to review and delete any Content that, in our sole judgment, violates the terms and conditions of this Agreement. By  using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear  associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You  submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will we be liable in any way for any Content or User Content, including, but not limited to, any Content or User  Content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Content or User Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or  assert any claim against us relating to Content or User Content, and release us from any and all liability for  or relating to any Content or User Content. 

You may, however, report Content that you believe violates these Terms and Conditions or is otherwise 

unlawful by sending an email to us Please note that you may be liable for damages (including costs and  attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we  recommend seeking advice of an attorney. 

You agree that we may establish general practices, policies and procedures, which may or may not be  published, concerning the use of the Sites and Services, including without limitation, the time that posts will  be retained, the maximum number of posts that may be sent from an account, the length of posts sent, and  the maximum number of times and the maximum duration for which you may access the Sites and Services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to  store any Content or other materials maintained or transmitted by or through the Sites and Services. You  agree that we have the right to change these general practices and procedures at any time, in our sole  discretion, with or without notice. 

DISCLAIMER WITH REGARDS TO USER CONTENT  

DISCLAIMER: Key Med Staff EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE CONTENT POSTED BY USERS, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, ANY MEDICAL OR MENTAL  HEALTH ADVICE PROVIDED, FITNESS FOR A PARTICULAR USE, OR THAT THE CONTENT IS  ACCURATE, TIMELY OR ERROR FREE. 

TERMINATION OF ACCESS 

We may terminate your privilege to use or access the Sites and Services immediately and without notice for  any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and  Services and agree not access or make use of, or attempt to use, the Sites and Services. Furthermore, you  acknowledge that we reserve the right to take action — technical, legal or otherwise — to block, nullify or  deny your ability to access the Sites and Services. You understand that We may exercise this right in our sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies  available to us 

All provisions of these Terms and Conditions which by their nature should survive termination shall survive  the termination of your access to the Sites and Services, including, without limitation, provision regarding  ownership, warranty disclaimers, indemnity, and limitations of liability. 

TRADEMARKS AND COPYRIGHTS 

Key Med Staff, and other Sites and Services graphics, logos, designs, page headers, button icons, scripts, and  service names are the trademarks or trade dress of Key Med Staff. These trademarks and trade dress may not  be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion. 

You should assume all Content and material made available on the Sites and Services is protected by  copyright law. Aside from user-submitted Content, all other materials and other information on the Sites and

Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips,  downloads, data compilations and software are the exclusive property of Key Med Staff and/or our licensors  and are protected by all United States and international copyright laws. 

NOTICES 

You agree that We may communicate any notices to You under these Terms and Conditions, through  electronic mail, regular mail or posting the notices on the Site. All notices to us will be provided by sending  an email to mailto:info@keymedstaff.com. Such notices will be deemed delivered upon the earlier of the  verification of delivery or two (2) business days after being sent. 

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code,  Section 512 (“DMCA”), We will respond promptly to claims of copyright or trademark infringement that are  reported to the agent that we have designated to receive notifications of claims infringement (our “Designated Agent”). Our Designated Agent is: 

K Fortressa LLC, dba Key Med Staff  

1626 Montana Ave #217 

Santa Monica, CA 90403 

If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark  owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of  infringement to us by providing our Designated Agent with a written notification of claimed infringement  that includes substantially the following: a physical or electronic signature of a person authorized to act on  behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work or  trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online  site are covered by a single notification, a representative list of such works at that site; identification of the  material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed  or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;  information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if  available, an electronic mail address at which You may be contacted; a statement that You have a good faith  belief that use of the material in the manner complained of is not authorized by the copyright or trademark  owner, our agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is  allegedly infringed. We will investigate notices of copyright and trademark infringement and take  appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response. 

DELAYS AND ACCESSIBILITY 

The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the  use of the Internet and electronic communications. We are not responsible for any delays, failures or other  damage resulting from such problems. 

WARRANTIES AND DISCLAIMERS

You acknowledge that we have no control over, and no duty to take any action regarding: which users gain  access to or use the Sites and Services; what effects the content on or in connection with the Sites and  Services may have on you; how you may interpret or use the content on or in connection with the Sites and  Services; or what actions you may take as a result of having been exposed to the content on or in connection  with the Sites and Services. You release us from all liability for you having acquired or not acquired content  or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We make no representations  concerning any content contained in or accessed through the Sites and Services, and we will not be  responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or  accessed through the Sites and Services. We make no guarantee or warranty, express or implied, as to the  reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any  errors or omissions therein. 

YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND  SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF  ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A  PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER  KEY MED STAFF NOR OUR AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT  PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES,  INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY  DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL  DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM  NEGLIGENCE OR OMISSION OF KEY MED STAFF, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER  INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR  CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT  AFFECT THE SITES AND SERVICES. IN NO EVENT WILL KEY MED STAFF OR ANY OF OUR DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL KEY MED STAFF OR ANY OF OUR AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH  USE OF THE SITES AND SERVICES. 

ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU  WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS  OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR  INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KEY MED STAFF OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, KEY MED STAFF DOES NOT  REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR  REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY,  SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF  THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF  ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME  WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. 

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED  WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE  LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH  STATES OR JURISDICTIONS, KEY MED STAFF’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. 

KEY MED STAFF SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND KEY  MED STAFF HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. 

We have no control over and no duty to take any action regarding: other users’ behavior; what effects  Content may have on you; how you may interpret or use Content; or what actions you may take as a result  of having been exposed to Content. You release us from all liability for you having acquired or not acquired  Content through the Sites and Services. We make no representations concerning any Content, including the  accuracy thereof, contained in or accessed through the Sites and Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed  through the Sites and Services. 

The Sites and Services may display links to other Internet sites or resources. Because we have no control  over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content,  advertising, products or other materials on or available from such sites or resources. 

You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any  damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such  content, goods or services available on or through any such site or resource. 

INDEMNITY 

You agree to indemnify, defend and hold harmless Key Med Staff, our officers, managers, owners, 

employees, agents, designees, users, successors, assigns, users and suppliers from and against all losses,  liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court  costs due to or arising from: (a) any violation of these Terms and Conditions by you; (b) the inaccurate or  untruthful Content or other information provided by you to Key Med Staff or that you submit, transmit or  otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Key Med Staff will have sole control of the defense of any  such damage or claim. 

HIPAA COMPLIANCE 

Certain health and medical information is protected under the Health Insurance Portability and  Accountability Act (“HIPAA”) and applicable state law. All Users of the Site and Services agree that by  accessing, viewing, or using the Site and Services in any manner, he/she agrees to comply with all HIPAA  compliance regulations and hold harmless and indemnify Key Med Staff from any intentional or inadvertent  disclosure of HIPAA protected information on the Site and Services.  

LIMITATION OF LIABILITY 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY  DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL  OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF  SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR  INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES  PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF,  UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D)  CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH  THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY USERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY  BREACH OF THIS AGREEMENT BY KEY MED STAFF OR THE FAILURE OF KEY MED STAFF TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR  INTERACTIONS YOU HAVE WITH ANY USERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the  foregoing limitations may not apply to You. 

THEREFORE, TO THE EXTENT WE ARE FOUND LIABLE FOR ANYTHING RELATED TO THIS  AGREEMENT OR THE USE OF THE SERVICE, OUR LIABILITY FOR DAMAGES WILL NOT  EXCEED THE EQUIVALENT OF THE FEE YOU PAID FOR THE SERVICE THAT IS THE SUBJECT  OF THE CLAIM. 

ENTIRE AGREEMENT 

These Terms and Conditions and other agreements, rules, and policies incorporated by reference to these  Terms including, without limitation, the Privacy Policy, constitutes the entire agreement between you and us

It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral,  between you and us regarding the subject matter contained in these Terms and Conditions. Additional terms  and conditions may exist between you and third parties, including but not limited to, Users and others. You  represent and warrant that those third party agreements do not interfere with your obligations and duties to us under these Terms and Conditions. 

GOVERNING LAW 

These Terms and Conditions and the relationship between You and us will be governed by the laws of the  State of California, notwithstanding the choice of law provisions of the venue where any action is brought,  where the violation occurred, where You may be located or any other jurisdiction. You agree and consent to  the exclusive jurisdiction of the state or federal courts located in California and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except  that we may elect, in our sole discretion, to litigate the action in the county or state where any breach by You  occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any  claim or cause of action arising out or related to Your use of the Site or Service or these Terms and  Conditions shall be filed within one (1) year after such claim or cause of action arose or will forever be  barred.’’ 

All disputes arising hereunder shall be resolved by binding arbitration in accordance with the AAA  Commercial Arbitration Rules, with such arbitration to be held in Los Angeles, California in front of one  arbitrator. 

MISCELLANEOUS 

If you breach any term of these Terms and Conditions or other agreement with Key Med Staff, Key Med  Staff may pursue any legal or equitable remedy available, including but not limited to, direct, consequential,  and punitive damages and injunctive relief. Key Med Staff’s remedies are cumulative and not exclusive.  Failure of Key Med Staff to exercise any remedy or enforce any portion of the Terms and Conditions at any  time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of the Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall  otherwise remain in full force and effect and enforceable. These Terms and Conditions are not assignable,  transferable or sublicensable by you except with Key Med Staff’s prior written consent. We may transfer, assign or delegate the Terms and our rights and obligations without consent. Users of this Sites and Services are responsible for compliance with all applicable regulations and laws. No joint venture, partnership,  employment or agency relationship exists between you and Key Med Staff as a result of these Terms and  Conditions or use of the Sites and Services. You acknowledge and agree that each of the Released Parties  shall be an intended third party beneficiary of these Terms and Conditions. 

CONTACTING US 

If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms  of Service, please contact us at mailto:info@keymedstaff.com. We will address any issue to the best of our  abilities.