Terms & Conditions

These terms and conditions (the “Terms”) govern you, the web site visitor, in your use of APASearch.com (as modified from time to time, the “Site”), which may be used solely for lawful purposes by individuals seeking employment and career information and employers seeking employees. References to “you” herein shall include your agents, employees, affiliates, representatives and others acting on your behalf. By using this Site, hosted by APA Search, Inc. and/or its various divisions and subsidiaries (hereinafter collectively referred to as the “Company” “us”, “we” or “our”), you agree to be bound by the Terms below. We may, in our sole discretion, revise these Terms at any time; therefore you should visit this page periodically to review the Terms. Having such access to and use of the Site through us is collectively referred to as the “Service(s).”

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES OR OTHERWISE ACCESS THE SITE.

These Terms constitute a legal agreement between you, as a visitor to the Site, and us. Any information provided by you is also subject to our Privacy Statement at Privacy Statement, which is incorporated by reference into these Terms. By using the Services, you acknowledge and agree that you have read and agree to our Privacy Statement. In addition to the Privacy Statement, additional terms and conditions of use may be posted directly on other areas of the Site, and together with these Terms, as amended from time to time, are collectively referred to as the “Site Agreement.” We reserve the right to modify any or all of this Site Agreement at any time, and such change will be effective immediately upon its publication on our Site. You agree to be bound by the terms and conditions of this Site Agreement, and any modifications thereof, as long as you continue to access and use the Services. Because of the possibility that the Site Agreement could change between visits, you also agree to check the Site Agreement each time you return. Your continued access to our Site shall be deemed your conclusive acceptance of modifications to this Site Agreement.

The materials posted on these pages by the Company and/or other parties may be retrieved, downloaded to your hard drive or sent to a printer solely for your own personal noncommercial use. Any other use is strictly prohibited. You may not otherwise copy, modify or distribute the contents of these pages without the express permission of the Company.

Portions of these pages provide users an opportunity to exchange information. The information posted on the Site (hereinafter “Public Information”) is presented in good faith and is not believed to be incorrect. You hereby acknowledge that any reliance upon any Public Information and/or materials posted by other users shall be at your sole risk. Public Information is supplied upon the condition that you will make your own determination as to its accuracy and suitability for your purposes. In no event will the Company be responsible for damages of any nature resulting from the use of or reliance upon the Public Information. The Company explicitly disclaims any responsibility for the content or availability of information contained on the Site. The Site content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, noninfringement, or timeliness of the Site content.

The Company is not to be considered an employer with respect to your use of the Site or otherwise and the Company shall not be responsible for any employment or other decisions made by any person or entity posting or seeking jobs on this Site. This Site is merely a means for locating information about candidates that are open to new career opportunities and for the candidates, allowing them to be found by employers. The Company has no control over, nor is it in any way involved in, any transaction between employers and job seekers, but merely collect a fee from employers for candidates that are found on the site and subsequently hired by the employer. It, therefore, cannot and will not control any aspect of the hiring process, including but not limited to: the quality, safety or legality of the jobs; the truth or accuracy of the listings to the extent that information by third parties is provided on candidates, and job descriptions and company profiles are provided by employers, the ability of employers to offer job opportunities to job seekers; or the ability of job seekers to fill job openings. The Company acts as a conduit for the information provided and cannot be held responsible for the material provided by candidate and employer users.

If notified by a user of communications which allegedly do not conform to these Terms, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the information, material and/or communication. The Company may take any action with respect to user-submitted information, material and/or communications that it deems necessary or appropriate in its sole discretion, if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of other suppliers. The Company reserves the right, which it may or may not exercise, to review, edit or delete any information and/or material that it deems to be inappropriate or in violation of these Terms. The foregoing notwithstanding, the Company makes no commitment to update or correct any information and/or material that appears on this Site and nothing contained therein is to be construed as a recommendation of any job or person or entity posting information to the Site or otherwise. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the Site for violating the Terms or the law, and the right to remove information, material and/or communications which are abusive, illegal, or disruptive.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of Public Information placed by you on the Site. As a user, you are responsible for your own communications and are responsible for the consequences of posting, whatever they may be. By posting Public Information and/or submitting any message, data, text, software or images, or other content (hereinafter “Material”) to these pages you represent that such Material is accurate, that you have all necessary rights in and to such Material and that such Material will not infringe on any personal or proprietary rights of others, and you authorize the Company to use and/or authorize others to use such material in any manner or medium. Furthermore you acknowledge and agree that the Company is not obligated to forward your Public Information to any employer.

NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OF ANY OTHER NATURE ARE MADE HEREUNDER WITH RESPECT TO THIS SITE OR ITS CONTENT, WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NOTWITHSTANDING ANYTHING HEREIN, THE COMPANY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY MATERIAL COMMUNICATED BY THIRD PARTIES THROUGH THESE PAGES OR THIS SITE, FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM THE USE THEREOF. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION, MATERIALS AND/OR COMMUNICATIONS PROVIDED THROUGH THE SERVICE. THE COMPANY ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH INFORMATION, MATERIALS AND/OR COMMUNICATIONS. WITHOUT LIMITING THE FOREGOING, THE COMPANY’S TOTAL LIABILITY HEREUNDER OR ARISING OUT OF OR RELATING TO THE SITE SHALL BE LIMITED TO THE FEES RECEIVED BY THIS COMPANY, IF ANY, FROM THE SITE USER ALLEGING THE DAMAGES.

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES PROVIDED BY THESE PAGES WILL BE UNINTERRUPTED, ERROR- FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PAGES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE FROM VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHERWISE (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF: THE USE OF OR INABILITY TO USE THE SITE OR ANY INFORMATION; PROVIDED ON THE SITE OR DOWNLOADED FROM THE SITE; OR ANY DELAY OF SUCH INFORMATION OR SERVICE, EVEN IF THE COMPANY OR ITS AUTHORIZED REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SITE USER RESPONSIBILITIES

In connection with your use of the Site, you agree that you will not: post or transmit through this Site any incomplete, false or inaccurate information; post or transmit any Material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable or may invade another’s right of privacy or publicity; upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other intellectual proprietary rights of others; post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); delete any author attributions, legal notices, service marks, trademarks, copyright notices or other proprietary designations or labels; impersonate any person or entity, including but not limited to, a Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; violate any applicable local, state, national or international law; delete or revise any Material posted by any other person or entity; post or transmit any unsolicited e-mail, including advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any non-resume information, such as opinions or notices, commercial or otherwise; attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus or corrupting data to any site, overloading, “flooding”, “spamming”, “mail bombing” or “crashing”; use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); post any franchise, club membership, distributorship or employment agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of others, including but not limited to sub-distributors or sub-agents; manipulate or otherwise display the Site by using framing or similar navigational technology. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained therein, without the prior express consent from the Company. Access to the Site is limited to the use of standard search engine technology employed by mainstream Internet search websites to direct Internet users to this Site.

Users are prohibited from the following, without limitation: accessing data not intended for such user or logging into a server or account which the user is not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; forging any TCP/IP packet header or any part of the header information in any e-mail or posting; taking any action which imposes an unreasonable or disproportionately large load on the Site’s infrastructure; using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on this Site; attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site. Violations may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

You are responsible for, and it is recommended that you implement procedures and checks to satisfy your particular requirements for, protecting against damage to hardware, software and/or data, and for maintaining a means external to the Site for the reconstruction of any lost data. Under no circumstances will the Company be held responsible for lost, damaged or destroyed data.

Links to Third Party Sites. The Site may provide links to third party web sites (“Third Party Sites”). Should you utilize these links, you will leave our Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. These links are provided as a convenience to users and should not be construed as endorsements by the Company. Because the Company has no control over such Third Party Sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such Third Party Sites or resources. Nor is the Company responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable for, directly or indirectly, any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any content, material, information, goods and/or services available on or through any such Third Party Site or resource. If you are concerned about the privacy practices of a Third Party Site, please consult its privacy policy. We are not responsible or liable for application, admissions, hiring and employment practices and access to services of programs, institutions and services of such Third Party Sites. We are not responsible for any misuse of intellectual property found on those Third Party Sites.

Information. The Company recognizes the importance of protecting the information that we collect from visitors during the process of registering for a service of or membership on the Site. When you register for the Site, you will be asked to provide the Company with certain information (the “Visitor Information”), including, without limitation, a valid e-mail address. The Company may use the Visitor Information we acquire through the registration process or through user postings at our Site for internal business uses. Gathering this Visitor Information helps us develop web sites and products to match your interests. In addition to the Terms that may be set forth in any Privacy Statement on this Site, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate Visitor Information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company may also disclose Visitor Information if we are acting on a good faith belief that such disclosure is necessary to protect our rights or property or to comply with any applicable law, rule or regulation or to respond to an emergency situation. The Company 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 the Company or by third parties. [Note: The Company’s ability to do this via e-mail (without an opt-out opportunity) may be limited by the current anti-spamming legislation.] Please see the Company’s Privacy Statement for further details regarding your Visitor Information. You should be aware that personal information–such as your name or e-mail address–that you voluntarily disclose in posting areas that are accessible to other users, could be collected and disclosed by others. The Company shall not be responsible for any such collection, use or disclosure.

Confidentiality of Information Provided the Company

You acknowledge that all information provided to you by the Company concerning opportunities for employment is provided to you on a confidential basis. Such information is provided for your use only and may not be divulged by you to anyone else. You agree that you will not share such information with any other potential candidates for any position the information on which has been provided to you by the Company. In the event you violate this clause of this agreement and that violation results in a loss of commission by the Company you agree that you will be liable for such loss of commission.

Cookies. The Company uses “cookies” to store pertinent user information during an online session. Cookies are small pieces of information that are stored in a designated file on your computer. The Company only uses cookies for the purpose of holding information during online sessions (e.g., to hold answers to online surveys for short-term storage, or to create an ID for use in multiple-sessions). If you have any questions please see our Privacy Statement, or contact APA Search, Inc at info@apasearch.com

Copyright, Licenses and Idea Submissions.

The contents of the Site, including but not limited to the text, graphics, images, logos, and software used to operate the Site (collectively, the “Site Content”), are protected under both United States and international copyright, trademark, and other laws protecting intellectual property. The Site Content is owned by the Company, its affiliates or third party licensors. The compilation of the Site Content is created and owned by the Company, and is further protected under United States and international copyright laws.

Unauthorized use of the Site Content may violate copyright, trademark, and other intellectual property laws. EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS, YOU MAY NOT COPY, REPRODUCE, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, CREATE DERIVATIVE WORKS FROM, POST OR TRANSMIT, IN ANY MANNER, ANY OF THE SITE CONTENT. WITHOUT LIMITING THE FOREGOING, YOU MAY NOT DISTRIBUTE ANY SITE CONTENT OVER ANY NETWORK, YOU MAY NOT SELL OR OFFER FOR SALE ANY SITE CONTENT, AND YOU MAY NOT USE SITE CONTENT TO CONSTRUCT ANY KIND OF DATABASE.

You may print and download selected materials from the Site, including portions of the Site Content, provided that such materials are used solely for your own personal, noncommercial purposes, and not for any public or commercial purpose. You must retain, and not change or delete, any copyright, trademark or other proprietary notices contained in the Site Content on any copy you make of the Site Content, whether physical or electronic.

You grant to the Company a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, assignable and sub-licensable license to reproduce, distribute, publish, transmit, modify, create derivative works from, publicly display and publicly perform any Public Information or Material that you post to the Site, or that you send to the Company by e-mail or otherwise, by all means and in any media now known or hereafter developed. By posting Public Information or Materials, you also permit any other user of the Site to access, display, and reproduce such content for such user’s personal, noncommercial use. You also grant to the Company the right to use your name, photograph and biographical information in connection with any Public Information or Material you submit, as well as in connection with all advertising, marketing and promotional material relating to the Site, without notice, permission, or compensation, and without territorial or time restrictions. The Company’s policies do not allow us to accept or consider ideas, suggestions, or inventions submitted by users of the Site. If you submit any ideas, suggestions, or inventions, notwithstanding our request that you do not do so, your submission shall become the property of the Company, we shall own all rights in the submission and be entitled to unrestricted use of the submission without compensation or notice to you, and we shall not have any obligation to hold the submission in confidence. You acknowledge that you shall have no recourse against the Company for any alleged or actual infringement or misappropriation of any proprietary right in your communications to the Company. You shall defend, indemnify, and hold harmless the Company for any losses, damages, costs, or expenses arising from a claim that Public Information or Material that you post to the Site, or any idea, suggestion or invention that you submit to the Company, infringes the copyright, trademark or other proprietary rights of any party.

If you believe that your copyrighted work, or a copyrighted work owned by another party, has been uploaded, posted or copied to this Site and is accessible on this Site in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:

  1. signature, either physical or electronic, of the copyright owner or of a person authorized to act on the owner’s behalf,
  2. A description of both the copyrighted work you claim has been infringed, and of the activity that you claim to be in violation of your rights,
  3. Identification of the specific location on this Site (e.g., the URL of the page or other information identifying the page) where the material or activity you claim to be infringing is occurring, to allow us to locate the material or the activity,
  4. Your contact information, including your name, address, telephone number and e-mail address,
  5. A personal statement that you believe, in good faith, that the copyrighted work is being used on the Site in a manner not authorized by the copyright owner, any agent of the copyright owner, or the law, and
  6. A personal statement, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are the copyright owner’s authorized agent.

Pursuant to 17 United States Code 512(c)(2) (the Digital Millennium Copyright Act of 1998, as amended), we have designated Jack Pivar, Attorney at Law, as the designated agent for notice of alleged copyright infringement appearing on our Site. You can contact Mr. Pivar by e-mail at jackpivar@jjphealthlawyer.com.

As a condition of your use of this Site, you agree to use the Site and all Site Content in a manner that respects the intellectual property rights of others, and that does not infringe such rights. We will terminate the account of any user, and prevent further access to the Site by any user, who repeatedly infringes upon the copyrights or other intellectual property rights of others. We reserve the right to terminate a user’s account or block a user’s access at any time, in our sole discretion, without notice to the user or any liability to the user.

Trademarks.

Unless otherwise noted on the Site, the names, symbols and logos that appear on the Site, including but not limited to APASearch, Inc. are marks owned by the Company. The Company also owns rights under trademark and trade dress law in other aspects of the Site Content, including the “look” and “feel” of the Site, the color combinations used in the Site, the Site layout, and other graphical elements in the Site. Any use of the Company’s marks or trade dress is strictly prohibited. You agree not to reproduce or otherwise use any mark of ours to imply an endorsement by or a relationship with us. Certain names, symbols or logos owned by other parties may be posted or mentioned on the site from time to time. The Company makes no claim to ownership of those marks, and any use of those marks by users of the Site is also strictly prohibited.

Termination. The Company may terminate this Site Agreement at any time for any reason by posting a notice of termination on the Site or through other reasonable means of notice. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Site, and/or termination of your account, and/or preventing your access to this Site, and/or any other service provided to you by the Company, upon any breach by you of these Terms.

How to Contact The Company. You may contact us through our Contact Us page on our Site. Should you have a particular question that demands immediate attention, please contact:

Howard Kesten
Address: 1 Byram Brook Place
Armonk, NY 10504
Email Address: hkesten@apasearch.com

Miscellaneous. Any cause of action or claim you may have with respect to the Site must be brought within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred, where permitted by law. The Company’s failure to insist upon or enforce strict performance of any provision of this Site Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Site Agreement. The Company may assign its rights and duties under this Site Agreement to any party at any time without notice to you. The Company reserves any rights not expressly granted herein. These pages are controlled and operated by the Company in the United States and are intended for use within the United States. The Company makes no representation that materials on these pages are appropriate or available for use in other locations. You agree not to post any information that is controlled for export purposes by the Federal Bureau of Industry and Security or any successor agency or bureau. Those who choose to access these pages from other locations do so on their own initiative and are responsible for compliance with local laws. These Terms shall be construed and enforced in accordance with the internal laws of the State of New York without regard to its conflicts of laws provisions. Any action to enforce these Terms shall be brought in the federal or state courts located in the State of New York. The Company reserves the right to change these Terms at any time effective upon posting of such modified terms on the Site.

The use of the Site content is at your own risk. Changes are periodically made to the Site and may be made at any time, including to this Site Agreement. Modifications to the Terms shall be effective immediately upon posting of the modified agreement on the site. You agree to review the Site Agreement periodically, and your continued access or use of the site shall be deemed our conclusive acceptance of the Site Agreement as so modified.

Use caution and common sense when using this Site and the Internet. Note that there are risks dealing with strangers over the Internet, including but not limited to the risk of physical harm, and dealing with foreign nationals, underage persons or people acting under false pretenses. Authentication on the Internet is difficult, and therefore, the Company cannot and does not confirm that each user is who he claims to be. You assume all risks associated with dealing with other users with whom you come in contact through this Site. Furthermore, information posted and transmitted between users may be offensive, harmful or inaccurate, and may be mislabeled or deceptively labeled. The Company will not and does not become involved in employer – employee transactions, nor can it control the behavior of participants on any site. In the event that you have a dispute with one or more users, you release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, 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. You agree to defend, indemnify, and hold harmless the Company, its 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 your use of the Site or your breach of these Terms of Use. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.