This document was last updated on April 23, 2001.


TERMS AND CONDITIONS OF USE

1. ACCEPTANCE OF TERMS

Welcome to Echocareers.com This agreement ("Agreement") is between Atlantic Interactive (AI), Echo-Web & Vascular-Web and you and your agents ("you" or "yours") for the use of this web site (the "Site"). This Agreement includes any guidelines or rules posted and updated on the Site by Atlantic Interactive from time to time. By using the Site, you agree to this terms and conditions Agreement. You can review the most current version of this Agreement at any time at http://www.echocareers.com/html/terms.htm.

2. OWNERSHIP OF SITE AND RESTRICTIONS ON USE OF CONTENT

The Site is owned by Atlantic Interactive . You agree and acknowledge that, notwithstanding that Atlantic Interactive permits access to the Content, the Content or its use or the use of this Site is protected by patents, copyrights, trademarks, and other proprietary rights (including intellectual property rights), that these rights are valid and protected in all media now existing or later developed, and that except as specifically provided in this Agreement, your use of the Content shall be governed and constrained by applicable patent, copyright, trademark and other intellectual property laws. Modification or use of the Site and/or the Content for any commercial purpose is a violation of patent, copyright and other proprietary rights owned by AI and third parties.

3. PRIVACY POLICY

Our Privacy Policy may be viewed at www.echocareers.com/html/privacy_guidelines.html. The terms and conditions of the Privacy Policy are hereby incorporated by reference herein.

5. DISCLAIMER OF WARRANTIES

THE USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ATLANTIC INTERACTIVE MAKES NO WARRANTY THAT THE SITE AND/OR ANY CONTENT THEREIN WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE AND/OR ANY CONTENT THEREIN WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE USING THE SITE.

6. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ATLANTIC INTERACTIVE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) ANY LINK PROVIDED IN CONNECTION WITH THE SITE, (iv) THE ACCURACY OF ANY MEDICAL OR OTHER CONTENT ON THE SITE OR THE APPRORPIATENESS OF ANY INDIVIDUAL MEDICAL DIAGNOSIS OR TREATMENT BASED ON THE CONTENT ON THE SITE OR (v) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE.

7. YOUR CONDUCT ON THE SITE

In the event that Atlantic Interactive permits you to upload, post, e-mail or otherwise transmit content, data, information or other materials (collectively, "User Content") for display on the Site otherwise, you will be responsible for all such User Content that you upload, post, email or otherwise transmit using the Site. Likewise, you are responsible for complying with all third party rights with respect to all such User Content that appears on the Site and not to download, email or otherwise transmit such User Content in violation of such third party's rights. By submitting User Content to Echocareers, you automatically grant, or warrant that the owner of such Content has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Content.

You may not collect or store personal data of other users of the Site without the prior, written permission of such user(s).

You may not directly or indirectly, intentionally disrupt or interfere with the Site in any manner that may adversely affect Atlantic Interactive or any user of the Site.

You may not upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.

8. YOUR WARRANTIES

By your use of the Site, you represent and warrant that you have all the rights necessary to receive, use, transmit and disclose all data that you use in any way with the Site. You further represent and warrant that your and your employees and agents use of the Site and of any data input into or generated by the Site shall comply with all applicable laws, regulations and ordinances. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties or forfeitures occasioned by any such violations or lack of rights.

9. YOUR RESPONSIBILITIES

You further agree and acknowledge that you are solely responsible for inputting and retrieving data using the Site, and for the accuracy and adequacy of information and data furnished using the Site. You have full responsibility for the care and well being of patients and any reliance on the Site shall not diminish that responsibility. You are responsible for establishing such procedures as you deem appropriate in your professional judgment to verify the accuracy of data transmitted hereunder and to provide backup procedures for any loss of data or unavailability of the Site. You acknowledge and agree that by providing the Site hereunder, Atlantic Interactive (Echo-Web) is rendering medical or other health care services or engaged in the practice of medicine and shall not be liable to any party for any act or failure to act relating thereto, in addition to any limitation of liability provisions contained in this Agreement.

10. DISCLAIMER OF CONTENT

You understand and acknowledge that Atlantic Interactive assume no responsibility to screen or review Content and/or User Content that is originated by parties other than Atlantic Interactive, and that Atlantic Interactive shall have the right, but not the obligation, in its sole discretion to review, refuse, monitor, edit or remove any Content and/or User Content that is available on the Site. Atlantic Interactive expressly disclaim all responsibility or liability to you or any other person or entity for the performance or nonperformance of such Content and/or User Content review. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT AND/OR USER CONTENT.

11. DISPLAY OF PRODUCTS

We use commercially reasonable efforts to ensure that the colors, design and details of the products displayed on the Site are accurate. However, we cannot and do not guarantee that the colors, font types, design, paper stock and/or detail, as displayed by your monitor, will be accurate and we assume no responsibility whatsoever for such difference in color, design and details.

12. YOUR SUBMISSIONS

If you contact Atlantic Interactive with information including, without limitation, feedback data (e.g., questions, comments, suggestions or the like) regarding the Site, the content of the Site or any item on the Site (collectively, "User Feedback"), the User Feedback shall be deemed to be non-confidential and Atlantic Interactive shall have no obligation of any kind with respect to the User Feedback. In addition, you agree and acknowledge that AI shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works and distribute the User Feedback to others without limitation, and to authorize others to do the same. Further, Atlantic Interactive shall be free to use any ideas, concepts, know-how or techniques contained in the User Feedback for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and other items incorporating the User Feedback. Atlantic Interactive shall be liable or owe any compensation for the use or disclosure of the User Feedback.

13. LINKS

The Site may provide, or third parties may provide, links to other web sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by Atlantic Interactive with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site and Atlantic Interactive is responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. AI MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site, including the privacy policies (or lack thereof) of such site.