Cookies, Privacy and Terms of Service

When you access or use ExactMD’s online and/or mobile services, web sites, and software provided on or in connection with the services or web sites (collectively, the “Website”), (a) you represent that you have read and understand the Cookies Policy and Privacy Policy and (b) you conclude a legally binding agreement (“Agreement”) based on the ExactMD Terms of Service with Acculent Inc., 5000 Eldorado Parkway Suite 150-149, Frisco, TX, 75033, USA. Any references to “ExactMD” shall be interpreted to include Acculent Inc.

By using or accessing the Website, you are consenting to ExactMD’s use of Cookies as follows:

This policy helps to explain the occasions when and why cookies may be sent to visitors to the Website (referred to in this policy as “we”, “us” or “our”). “Cookies” are text-only pieces of information that a web site transfers to an individual’s hard drive or other web site-browsing equipment for record-keeping purposes. Cookies allow the Website to remember important information that will make your use of the site more convenient. A cookie will typically contain the name of the domain from which the cookie has come, the “lifetime” of the cookie, and a randomly generated unique number or other value. Like most web sites, we use cookies for a variety of purposes in order to improve your online experience, for analytics and for marketing, but specifically we use Cookies on the Website for the following purposes:

  1. Analytical Purposes: We use Cookies to analyze user activity in order to improve the Website. For example, using Cookies we can look at aggregate patterns like the average number of job searches that users perform. We can use such analysis to gain insights about how to improve the functionality and user experience of the Website.
  2. Your Preferences: We use Cookies to store certain user preferences on our Website. For example, we may store the recent searches you have performed in a Cookie so that we can allow you to easily repeat those searches when you return to our Website.
  3. Marketing: We use Cookies from third-party partners such as Google for marketing purposes. These Cookies allow us to display ExactMD promotional material to you on other sites you visit across the Internet.
  4. Referral Tracking: We use Cookies to associate user activity with the third party web site that referred the user to our Website. These third-party partner web sites receive credit for the activity of users they refer to our Website. We do not share any personal information or information about individual user activities with these partner entities.

Session Cookies are temporary cookies that remain in the cookie file of your browser until you leave the Website.

Persistent Cookies remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie). When we use session cookies to track the total number of visitors to our Website, this is done on an anonymous aggregate basis (as cookies do not in themselves carry any personal data). We may also employ cookies so that we remember your computer when it is used to return to the Website to help customize your ExactMD web experience. We may associate personal information with a cookie file in those instances. Use the options in your web browser if you do not wish to receive a cookie or if you wish to set your browser to notify you when you receive a cookie. You can easily delete any cookies that have been installed in the cookie folder of your browser. For example, if you are using Microsoft Windows Explorer:

  1. Open ‘Windows Explorer’
  2. Click on the ‘Search’ button on the tool bar
  3. Type “cookie” into the search box for ‘Folders and Files’
  4. Select ‘My Computer’ in the ‘Look In’ box
  5. Click ‘Search Now’
  6. Double click on the folders that are found
  7. ‘Select’ any cookie file
  8. Hit the ‘Delete’ button on your keyboard

If you are not using Microsoft Windows Explorer, then you should select “cookies” in the “Help” function for information on where to find your cookie folder. If you disable all cookies, you may not be able to take advantage of all the features of this web site. Consult your mobile device documentation for information on how to disable cookies.

ExactMD may use the AdWords and Remarketing Lists features of Google Analytics for Display Advertisers. ExactMD and Google use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on your past visits to our Website. This means that vendors including Google will display ExactMD promotional material on other sites you visit across the Internet.

You may opt-out of Google Analytics for Display Advertisers including AdWords and opt-out of customized Google Display Network ads by visiting the Google Ads Preferences Manager. To provide web site visitors more choice on how their data is collected by Google Analytics, Google has developed an Opt-out Browser add-on, which is available by visiting Google Analytics Opt-out Browser Add-on, to enable you to opt-out of Google’s programs.

ExactMD marketing service providers. If you do not want ExactMD and its marketing services providers to follow your usage of our services via cookies and Web beacons, and to learn more about these providers and their privacy policies, please visit each site: Nielsen, comScore, Optimizely, Marketo, Sift Science, Demandbase, Olark, Perfect Audience, Zendesk. Opting out of these services does not mean you will no longer receive online advertising. It does mean that the service from which you opted out will no longer deliver ads tailored to your Web preferences and usage patterns.

Changes To Our Cookie Policy

From time to time, it may be necessary for us to change this cookie policy. We suggest that you check here periodically for any changes.

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Privacy Policy

Effective Date: August 17, 2015

ExactMD publishes this Privacy Policy in order to disclose its use of personal data you give to ExactMD when you access or use ExactMD’s online and/or mobile services, web sites, and software provided on or in connection with the services or web sites (collectively, the “Website”). This Privacy Policy is effective as of August 17, 2015. You may contact Acculent, Inc. at 5000 Eldorado Parkway Suite 150-149, Frisco, TX, 75033, USA. Or you can reach the company via our Website contact forms.

This Privacy Policy covers only data collected through the Website and not any other data collection or processing, including, without limitation, data collection practices of other web pages to which we link or data that we or our subsidiaries collect offline or through web sites, products, or services that do not display a direct link to this Privacy Policy. Occasionally, we may refer to this Privacy Policy in notices and consent requests related to special-purpose web pages, for example, if we invite you to submit ideas to improve the Website; under such circumstances, this Privacy Policy applies as modified in the particular notice or consent request (e.g., with respect to types of data collected or purposes of collection).

  1. Information Collected and Utilized

    When you request information, subscribe for a service, register as a user, participate in a survey, post a rating or review, post a question or answer, post a resume/cv, upload content or otherwise actively send us data on our Website, we usually collect data including, but not limited to, user name, password, first and last name, email address, street address, gender, occupation, interests, messages you send to users and any other data included in a submitted profile or resume/cv. In connection with chargeable services, we will also collect payment information (e.g., credit card number and related verification information). In each such instance, you will know what data we collect through the Website, because you actively submit it.

    As part of the standard operation of the Website, ExactMD will automatically collect information from your computer or mobile device, including, but not limited to, your browser type, operating system, IP address and the domain name from which you accessed the site, and if you are accessing our site with your mobile device, type of mobile device. In addition we may record actions taken on the Website including, but not limited to, date and times of use, clicks, page views, the amount of time you spend on each page, and search queries. ExactMD reserves the right to match your IP address or other information with other information about you in any way permitted by applicable law. ExactMD will store this information on its equipment or the equipment of third parties that it has a relationship with for that purpose. If you create an ExactMD account, information may be collected under your account email address.

    If you access or use the Website on your mobile telephone or other mobile device, including tablets, we collect mobile device identifiers, including MAC Address, and IP Address. ExactMD may create and assign to your device an identifier that is similar to an account number. We may collect the name you have associated with your device, device type, telephone number, country, and any other information you choose to provide, such as user name, geo-location or e-mail address. We may also access your contacts to enable you to invite friends to join you in the Website.

  2. Uses of Information

    When you submit information to ExactMD, this information will be used for the purposes set forth in Paragraphs 2 and 3 of this Privacy Policy. ExactMD uses this information and information generated when you use our Website, including but not limited to your resume/cv, your posted reviews, searches, clicks, taps, web sites and web pages you visit through our mobile software (including third party web sites and web pages), job applications, messages and postings to provide our services and features to you, to provide your information to employers that may be interested in contacting you, to provide employer information to you and to measure and improve those services and features, and to provide you with customer support. If you are located in the USA, ExactMD may also share your personal information, such as your email address, with third party websites and/or social networking sites in order to show you targeted advertisements and other content that has been customized for you. If you would like to opt-out of receiving advertisements, please send an email to opt-out @ ExactMD.com. (remove spaces when sending email)

    ExactMD may also use the information to prevent potentially illegal activities and activities that are detrimental to you or other users. ExactMD may investigate and disclose information from or about you or your use of ExactMD if we have a good faith belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with the use of the Website; or (c) protects our rights, reputation, property, safety, or that of the public. We may use a variety of methods to detect and address anomalous activity and screen content to prevent abuse such as spam. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some users. We provide email proxy and relay services to the users of our ExactMD products. We monitor, review and analyze your content (including your jobs and searches) to provide you with personally relevant product features, such as improved results for hiring authorities and job seekers and to prevent fraud, reduce unwanted mail, and provide quality control.

    We may use other companies, including other members of the Acculent, Inc. corporate group and third parties, to perform services necessary to our operations. In the course of providing these services, those companies may have access to your personal information and such information may be transferred overseas. By contractual agreement, those companies must treat your information in accordance with this Privacy Policy. However, we will not be liable (to the fullest extent permitted by law) for any damages that may result from the misuse of your personal information by these companies. ExactMD may use your IP address and mobile device information to help diagnose problems with ExactMD’s service and to administer ExactMD’s site. Your IP address and mobile device information may also be used to help identify you, your location, and your online profile and to gather broad demographic information (such as country of origin). ExactMD may maintain (as permitted by applicable law) your data following your termination of your relationship with ExactMD. ExactMD may delete your user data as permitted by applicable law. If you provide credit, debit or other payment card and related details to us in order to make a payment, ExactMD will use those details only for the purpose of processing the payment. ExactMD may also aggregate your data with other data, for the purposes set forth above.

  3. Contact and Resume/CV Information

    When you give ExactMD contact information (such as your name and email address) and demographic information, you agree that ExactMD may utilize this information as set forth herein. You agree that ExactMD may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a 3rd party, through your ExactMD account or through other means made available through your contact information such as email, phone, or postal mail. If and to the extent permitted by applicable law, ExactMD, or its designated third party partners, may also use your contact information to (i) send you job alerts; (ii) create an account; (iii) send you information about ExactMD; and, (iv) if you are located in the USA, send you promotional material from some of ExactMD’s partners. ExactMD may use demographic and/or profile data to tailor your experience on ExactMD’s site, show you content that ExactMD thinks you may be interested in, and display content according to your preferences. Your personal information gets placed on the ExactMD Website when you create any match search, upload or edit a resume/cv. To the extent you upload a resume/cv or edit it, and subject to your Privacy Settings, you are making the resume/cv, your name and other personal information that you place on your resume/cv available to third parties who may be interested in you as an employee, search engines, or to the general public by posting your personal information on the internet. ExactMD does not warrant how often third-party search engines will update their caches, which may contain old public resume/cv information. ExactMD reserves the right to charge third parties a fee for accessing your information as part of ExactMD’s services. At your direction, ExactMD may also send your resume/cv to third parties if you choose to register for services and post the information to your profile.

  4. Consent

    ExactMD offers any user the choice to utilize the ExactMD website. If you create a resume/cv on, upload your resume/cv to, or otherwise express an interest in any job opportunity through or otherwise use the ExactMD website, you are specifically consenting to the use of any personal information you have provided to ExactMD as set forth herein and in the Terms of Service.

  5. Security

    The Website has security measures in place to protect the loss, misuse and alteration of the information under ExactMD’s control. ExactMD uses SSL encryption, access control policies, anti-virus programs and firewalls to protect information under our control. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. In addition, please note that emails, messages sent via your web browser, and other similar means of communication with other users are not encrypted. We strongly advise you not to communicate any confidential information through these means. Therefore, while we strive to protect your information, we cannot guarantee its security.

  6. Cookies

    “Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. Please see our cookie policy for further information regarding ExactMD’s use of Cookies.

  7. Links

    ExactMD may create links to other web sites. When you click on links on ExactMD you may leave our Website. We are not responsible for the privacy practices of other web sites, and we encourage you to read their privacy statements.

  8. Amendments

    ExactMD may amend this Privacy Policy at any time. If ExactMD is going to use personally identifiable information collected through ExactMD’s site in a manner materially different from that stated at the time of collection ExactMD will notify users via email and/or by posting a notice on ExactMD’s Website for 30 days prior to such use or by other means as required by law.

  9. Assignment

    If there is a change of ownership or control in ExactMD’s business (whether by merger, sale, or otherwise) or if there is an asset sale, the user information, including your personal information, could be disclosed as part of such a process and / or sold as part of that transaction and your personally identifying information potentially could be used by the purchaser. However, if that business materially changes this statement or the information-handling practices as described in this Privacy Policy, you will be notified by email and/or through a notice posted on the website, and you may opt-out of the use of your existing information in a new manner. This Privacy Policy inures to the benefit of any successors or assigns of ExactMD or the assets of ExactMD.

  10. Do Not Track Requests

    We do not respond to the browser “Do Not Track” (DNT) signal if enabled by the user in their web browser. When we set or read cookies on non-ExactMD sites that have integrated our job search and display features, we do so in order to provide a personalized job search experience to users on those sites. We do not share any information about your use of ExactMD with those third-parties. When third-parties that we have integrated into ExactMD sites (as described in the ExactMD Cookie Policy) set or read their own third-party cookies, they may or may not respond to the DNT signal.

  11. Emails

    If you no longer wish to receive our emails you can Unsubscribe using the link located in the footer of our email.

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ExactMD Terms of Service

When you access or use ExactMD’s online and/or mobile services, web sites, and software provided on or in connection with the services or web sites (collectively, the “Website”), or any other service, (a) you represent that you have read and understand the Cookies Policy and Privacy Policy and (b) you conclude a legally binding agreement (“Agreement”) based on these ExactMD Terms of Service (including the General Terms of Service) with (1) Acculent Inc., 5000 Eldorado Parkway Suite 150-149, Frisco, TX, 75033, USA. Any references to “ExactMD” shall be interpreted to include Acculent Inc.

  • A. ExactMD General Terms of Service

    1. Job Content

      The jobs and/or opportunities contained in ExactMD’s search results, or linked from those results, are created by people over whom ExactMD exercises no control. You acknowledge and understand that we have no control for the content of the job and/or opportunity listings or other information posted therein. ExactMD’s job search results are indexed in an automated manner and ExactMD does not have any obligation to screen these jobs. ExactMD also does not promise to include any job in its search results and may exclude any job link for any reason or for no reason. We cannot confirm that users, job seekers, hiring authorities, agencies, or employers are who they claim to be. ExactMD assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any job listing, information, or web site that is either included in ExactMD’s search results or linked to by the Website.

      The Website contains links to other sites on the Internet which are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that ExactMD is not responsible for the availability of, or the materials located on or through any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.

    2. Use of ExactMD

      ExactMD’s Website is for your personal, non-commercial use only, if you have no other agreement with ExactMD. If you wish to make commercial use of the Website, or if you wish to purchase ExactMD services utilizing the Website, you must enter into an agreement with ExactMD to do so in advance. Please contact us for more information. We reserve the right at all times (but will not have an obligation) to terminate users, reclaim usernames or URLs for any reason.

    3. User Content

      Some parts of the Website, such as message boards, job opportunity listings, and forums, may allow users to post text, job solicitations, resume/cvs, information, images, audio, video, messages, and other materials, (any such materials a user submits, posts, displays, or otherwise makes available on the Website is referred to as “User Content”). Such functionality is designed to help readers obtain career and company information, facilitate communication, discuss ways to make career decisions, and to let users know of job opportunities. This User Content is provided by outside contributors, many of whom use anonymous screen names. They may occasionally post User Content, including messages or statements that are misleading, deceptive, or downright wrong. ExactMD does not endorse and is not responsible for any opinion, advice, information, or statement contained in the User Content made or displayed on the Website by third parties. You acknowledge that by accessing the Website, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that ExactMD shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material.

      Users of the Website must not post User Content or information that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or that contains sexual, ethnic or racial or other discriminating slurs, or material which contains no relevant or constructive content, which goes beyond profanity into obscenity or abhorrence, or which is otherwise in violation of the law. Users are also prohibited from posting any User Content that contains proprietary information, trade secrets or confidential information. User Content may not contain any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or encourage or cause spamming or flooding.

      When you create an opportunity/search or post a job solicitation on ExactMD, you agree that all of ExactMD’s terms, including the ExactMD Privacy and Cookie policies apply to you and to the applicants expressing interest in and through such opportunities/searches or solicitations. You also agree that ExactMD shall utilize its ExactMD Please Consider function for such job and/or opportunity solicitations and that applicants to those jobs and utilizing such, shall apply through ExactMD. If you post a job and/or opportunity solicitation search on ExactMD with questions to applicants, you agree to be responsible for the content of such questions. You agree that ExactMD may reject or remove any job search listing or any part of any opportunity / search for any or no reason. You shall indemnify and defend ExactMD, its agents, affiliates, and licensors from any third party claim or liability (including without limitation reasonable legal fees) arising out of your general use or posting of a job and/or search on ExactMD.

      You are prohibited from posting any content containing official identification information (whether your own or of another person) on the Website, such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information may lead to identity theft and other adverse consequences. ExactMD may remove such numbers but does not undertake any obligation to do so and undertakes no responsibility and disclaims all liability for posting of such numbers.

      Although ExactMD has no obligation to do so, ExactMD may monitor messages posted on the Website and reserves the right to delete any content or portion thereof which violate the above rules, messages, topics that are unrelated to the specific portion of the Website on which they are posted, advertisements, recruiting or other commercial messages, and any other content that ExactMD deems in its sole discretion is inappropriate. If you believe a message violates our policies, please contact ExactMD immediately so that we can consider its editing or removal. ExactMD does not promise to remove any content and interpretation of whether content violates any ExactMD policy always remains within the sole discretion of ExactMD.

      ExactMD reserves the right to disclose all content and other relevant information and the circumstances surrounding their transmission to any third party in order to operate the Website properly; to protect itself, its partners and its visitors; and to comply with legal obligations or governmental requests. This means ExactMD may honor court-mandated requests to reveal a user’s electronic address and identity.

      Without limiting the generality of the foregoing, ExactMD reserves the right (but are under no obligation) to remove any job and/or opportunity search listings that directly or indirectly discriminate against applicants. Direct discrimination means that a job listing specifically makes it clear that they only want applicants that match a certain criteria, thereby excluding others because of their gender, race, age or disability. Indirect discrimination means that a job listing implicitly excludes certain classes of applicants by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any job listings that contain direct or indirect discrimination.

      Please note: Section 230 of the U.S. Communications Decency Act provides that:

      1. Treatment of publisher or speaker

        No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

      2. Civil liability

        No provider or user of an interactive computer service shall be held liable on account of-

        1. any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
        2. any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).

    4. Rights to Use Materials

      To the maximum extent permitted by law, if you post content or submit material to ExactMD, including photographs, including material you submit for a job solicitation and/or search hosted on ExactMD, you grant ExactMD a nonexclusive, worldwide, perpetual, irrevocable (except as described herein), fully paid, royalty-free, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for any purpose without restriction. Furthermore, you grant ExactMD, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. When you create a search profile, apply or express interest in and for a job or opportunity search, through ExactMD, you are sending your resume/cv and application information to ExactMD, and asking ExactMD to share that information with a third party. As an employer, when you respond to or contact a jobseeker who has used ExactMD My Search, Upload Resume/CV process, or ExactMD Please Consider, you are sharing that information with ExactMD and asking us to share it with the jobseeker. When you, an employer or job candidate, send materials through ExactMD Please Consider and ExactMD Upload Resume/CV, ExactMD may use those materials for data analysis, quality control, and to provide better search quality and candidate quality results for job seekers and employers. ExactMD may also note if the words of a job seeker’s resume/cv match the words of certain job descriptions, in order to improve service to job seekers and employers. You represent and warrant that: (i) you own the content posted by you on or through the Website or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) the posting of your content on the Website does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of content you post on or through the Website. You agree to defend and indemnify ExactMD and its affiliates from any claims resulting from any content or materials you provide hereunder. If you wish to revoke your license grant for any such content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such content. Your certified letter of request must include (a) the signature of the applicable rights holder for such content or a person authorized to act on behalf of the rights holder; (b) identification of the content for which the license is to be revoked and information reasonably sufficient to allow ExactMD to locate and remove the content on the Website; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such materials. There may be a charge for answering and executing such a request; please contact ExactMD for more details.

      At your discretion, you may provide feedback to ExactMD concerning the functionality and performance of the Website from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby grant ExactMD a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback and materials for any purpose without restriction. You agree that ExactMD may disclose that Feedback to any third party in any manner and you agree that ExactMD has the ability to sublicense all Feedback in any form to any third party without restriction. By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place ExactMD under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your Feedback, ExactMD does not waive any rights to use similar or related ideas previously known to ExactMD, or developed by its employees, or obtained from sources other than you.

    5. Website Rules

      You agree not to access (or attempt to access) the Website by any means other than through the interface that is provided by ExactMD, unless you have been specifically allowed to do so in a separate agreement with ExactMD. You agree that you will not engage in any activity that interferes with or disrupts the Website (or the servers and networks which are connected to the Website). Unless you have been specifically permitted to do so in a separate agreement with ExactMD, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Website for any purpose. You agree that you are solely responsible for (and that ExactMD has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which ExactMD may suffer) of any such breach.

      You agree you shall not transmit to ExactMD or upload as part of the Website any Harmful Code or use or misappropriate the data on the Website for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not:

      • Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to
        • sending messages in violation of the USA CAN-SPAM Act or any other applicable anti-spam law
        • imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam
        • data mining any ExactMD property to find contact information
        • sending messages to users who have asked not to be contacted
        • selling, exchanging or distributing to a third party the contact information of any person without such person’s knowing and continued consent to such disclosure
      • Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
      • Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature
      • Conduct or forward pyramid schemes and the like
      • Transmit content that may be harmful to minors
      • Impersonate, other than through the ExactMD Impersonate feature, another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email
      • Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission
      • Use the Website to violate the legal rights (such as rights of privacy and publicity) of others
      • Promote or encourage illegal activity
      • Interfere with other ExactMD users’ enjoyment of the Website
      • Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses
      • Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any ExactMD account
      • Modify, adapt, translate, or reverse engineer any portion of the Website
      • Remove any copyright, trademark or other proprietary rights notices contained in or on the Website
      • Reformat or frame any portion of the web pages that are part of the Website without ExactMD’s explicit permission
      • Contact other ExactMD users about multi-level marketing (MLM) programs, jobs that require payment to start, and any topics ExactMD considers detrimental to its users
      • Create multiple ExactMD accounts without permission
      • Bypass any limitations or suspensions of functionality
      • Provide false information in the course of using the Website

      ExactMD reserves the right to use the content of messages or material sent through or to the Website or ExactMD to prevent potentially illegal activities and activities that are detrimental to other users. ExactMD reserves the right to use a variety of methods to detect and address anomalous activity and screen content to prevent abuse such as spam. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some users.

    6. Registration – Email Address Provision

      Some areas of the Website, including setting up an ExactMD account, require you to register or provide an email address. If you register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password and not transfer or resell your use of or access to the Website to any third party. ExactMD is not responsible and disclaims all liability if your email is used improperly and falsely by a third party.

      We reserve the right at all times (but will not have an obligation) to terminate users, reclaim usernames or URLs.

    7. Change In Service and Terms

      ExactMD may modify or terminate the Website from time to time, for any reason, and without notice. ExactMD reserves the right to modify this Agreement from time to time without notice so check back often to review this Agreement.

    8. Disclaimer of Warranties

      ExactMD disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the ExactMD results or posted on the Website by ExactMD or third parties. ExactMD disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. ExactMD disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Website or on other sites on the Internet accessed through the Website. Under no circumstances shall ExactMD be liable to you or any user on account of that user’s use or misuse of or reliance on the ExactMD Website.

      THE WEBSITE, AND ALL MATERIALS, INFORMATION, USER CONTENT, PRODUCTS AND SERVICES INCLUDED IN THE WEBSITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. EXACTMD AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. EXACTMD AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE EXACTMD SERVICES. EXACTMD AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WEBSITE. EXACTMD AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY EXACTMD.

      YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

    9. Limitation of Liability

      UNDER NO CIRCUMSTANCES SHALL EXACTMD OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE WEBSITE, ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF EXACTMD OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

      Without limiting the foregoing, under no circumstances shall ExactMD or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

    10. Claims of Infringement

      U.S. Copyright Infringement.

      The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by ExactMD infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow ExactMD to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send ExactMD a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Website should be sent to ExactMD Copyright Notice, 5000 Eldorado Parkway Suite 150-149, Frisco, TX, 75033, USA (copyright @ ExactMD.com) (remove spaces when sending email). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

      Other Claims of Infringement.

      For claims of infringement that do not involve US copyrights, please contact us via our Website contact form.

    11. Governing Law and Dispute Resolution

      This Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of Texas, United States of America, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in the federal or state courts located in Collin County, Texas. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Collin County, Texas, USA.

    12. Miscellaneous

      This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by ExactMD. This Agreement, together with any amendments and any additional agreements you may enter into with ExactMD in connection with the Website, shall constitute the entire agreement between you and ExactMD concerning the Website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

      By using the Website, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. The materials on the Website are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of ExactMD’s proprietary rights in them.

      You understand and acknowledge that ExactMD or its licensors owns all right title and interest to the Website and all proprietary rights associated therewith. ExactMD reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the materials accessed through the Website other than your content. Any use of materials or descriptions; any derivative use of the Website or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Website or any materials contained therein.

      Any notices to ExactMD must be sent to the applicable ExactMD entity identified in the first paragraph of this Agreement via certified first class or air mail or overnight courier, are deemed given upon receipt. Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages in your ExactMD interface).

      You may not assign or delegate any of your rights or obligations hereunder without ExactMD’s prior written consent and any such attempt is void. ExactMD may freely assign or delegate its rights and obligations hereunder without notice to you. ExactMD and you and ExactMD Partners are not legal partners or agents, but are independent contractors.

      USE OF SERVICES BY MINORS

      The Services are not directed to individuals under the age of eighteen (18), and we request that these individuals do not provide Personal Information through the Services.

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  • B. ExactMD Program Terms

    These ExactMD Program Terms (“Agreement”) are entered into by you and (1) Acculent Inc., 5000 Eldorado Parkway Suite 150-149, Frisco, TX, 75033, USA. Any references to “ExactMD” shall be interpreted to include and also mean Acculent Inc.. “You” means the party listed on the account you create and you represent you have the authority to agree to this Agreement for yourself and/or that party. You represent and warrant that you are authorized to act on behalf of yourself and/or any party for which you utilize the ExactMD. You hereby agree and acknowledge:

    1. The Program

      Use of ExactMD (“Program”) on or through online and/or mobile services, web sites, and software provided on or in connection with the services or web sites (collectively, the “Website”) is subject to all applicable ExactMD terms and policies, including current best practice guidelines, which may be modified at any time. You shall not use any information obtained from the Website except for internal use in selecting and contacting prospective job candidates.

      IMPORTANT NOTICE : YOU EXPRESSLY AGREE THAT:
      in purchasing or obtaining access to the Program, you agree that you are paying ExactMD the amount indicated so that ExactMD may send an email message indicating your interest to the email address that the relevant resume/cv submitter has provided to ExactMD. ExactMD does not guarantee that the email address is still in use, that the email is received, that the email is read, that the email is acted upon by any potential candidate or that the candidate’s resume/cv is valid in all respects. In addition, in accord with the General Terms of Service and Privacy Policy stated above, you expressly agree that ExactMD does not allow its Please Consider service to be used in a spam like manner, which ExactMD defines as sending requests for job positions to persons who are, as indicated by ExactMD experience and job candidate behavior and reaction, unsuited for the role. ExactMD reserves the right to block any such messages and cancel ExactMD services for any user who, in ExactMD's sole discretion, violates such a term.

    2. Cancellation

      You may not cancel an order for ExactMD to send an email to the email address provided to ExactMD.

    3. Your Information

      You represent and warrant that all information you provide to ExactMD is correct and current. You represent to ExactMD that you are an employer or an employer’s properly contracted representative interested in considering the person on the relevant search/match as a potential employee.

    4. Disclaimer and Limitation of Liability

      EXACTMD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT THE EMAIL ADDRESS THAT HAS BEEN PROVIDED TO EXACTMD IS VALID, THAT THE EMAIL SENT BY EXACTMD AT YOUR REQUEST WILL REACH THE INTENDED RECIPIENT, THAT THE INTENDED RECIPIENT OF THE EMAIL SENT BY EXACTMD AT YOUR REQUEST WILL READ THE EMAIL, THAT THE INTENDED RECIPIENT OF YOUR REQUEST WILL ACT UPON THE EMAIL. EXACTMD EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE.

      EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND YOUR BREACHES OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO EXACTMD BY YOU FOR THE EXACTMD RESUME/CV SERVICE GIVING RISE TO THE CLAIM.

    5. Payment

      You shall be charged if, and as, indicated by the Website. You shall pay additionally for any taxes that may apply in addition to charges quoted by ExactMD, at the time of purchase or at a later date. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Acculent Incurs collecting late amounts. You waive all claims relating to charges unless claimed within 60 days after the charge. You agree that you will not cancel credit card charges via arrangements with your credit card issuer. Refunds (if any) are at the sole discretion of ExactMD and only in the form of credit for ExactMD services. You acknowledge and agree that any credit card and related billing and payment information that you provide to ExactMD may be shared by ExactMD with companies who work on ExactMD’s or your behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to ExactMD and servicing your account. ExactMD may also provide such information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. ExactMD shall not be liable for any use or disclosure of such information by such third parties.

    6. Indemnification

      You shall indemnify and defend ExactMD, its agents, affiliates, and licensors from any third party claim or liability (including without limitation reasonable legal fees) arising out of any contact you have with the intended email recipient.

    7. Miscellaneous

      This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by ExactMD. This Agreement, together with any amendments and any additional agreements you may enter into with ExactMD in connection with the Website, shall constitute the entire agreement between you and ExactMD concerning the Website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

      By using the Website, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. The materials on the Website are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of ExactMD’s proprietary rights in them.

      You understand and acknowledge that ExactMD or its licensors owns all right title and interest to the Website and all proprietary rights associated therewith. ExactMD reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the materials accessed through the Website other than your content. Any use of materials or descriptions; any derivative use of the Website or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Website or any materials contained therein.

      Change of Address: If you change your billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be under contract with the same ExactMD.

      Any notices to ExactMD must be sent to the applicable ExactMD entity identified in the first paragraph of this Agreement via certified first class or air mail or overnight courier, are deemed given upon receipt. Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages in your ExactMD interface).

      You may not assign or delegate any of your rights or obligations hereunder without ExactMD’s prior written consent and any such attempt is void. ExactMD may freely assign or delegate its rights and obligations hereunder without notice to you. ExactMD and you and ExactMD Partners are not legal partners or agents, but are independent contractors.

      This Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of Texas, United States of America, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in the federal or state courts located in Collin County, Texas. Each of the Parties hereby consents to the exclusive personal jurisdiction of the federal or state courts located in Collin County, Texas, USA.

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