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Terms and Conditions

eMedlance.com (referred to as, “The Site”) is the online identity of Medlance, Inc, a Minnesota corporation.  Registering on The Site constitutes agreement to the foregoing terms and conditions.  If, at any time you do not agree with any part of this document, please do not use eMedlance.com.  Amendments to this Agreement may be posted at anytime and deemed effective after ten business days.

Definitions

Provider: As used in this agreement, a Provider is a licensed or certified professional who is legally able to provide professional services to eMedlance Clients.

Client:  As used in this document, a Client is the paying entity legally seeking professional services from Providers registered on The Site.

User:  As used in this document, a User is a Provider, Client, Visitor or legal representative of a Client or Provider consuming information and services from The Site.

The Agreement:  As used in this document, The Agreement is the foregoing document detailing the responsibilities and obligations of Users.

Forum:  As used in this document, a Forum means a chat area, message board or email service.

The Site:  The online presence of Medlance Inc where Clients and Providers come together to secure and provide professional services.

Registration

You agree to provide true, accurate and complete information as prompted by the registration form.  You also agree to update this information to maintain its truthful, accurate and complete status. eMedlance may suspend or terminate your Account if information you provide is not complete or accurate.

As part of the registration process, you will identify an email address and password for your eMedlance account. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Services in your name. eMedlance reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

Use of the Site

Upon acceptance of a bid, Client agrees to purchase Services and Service Provider agrees to provide Services according to the terms of the final bid or other terms agreed to by the parties.

You agree that you will use the Site only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation).

You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party.

Clients and Providers agree not to Solicit or gather any User's information available from the Site for any commercial or business purposes or transmit any unsolicited advertising, junk mail, spam or chain letters or engage in activity which may impose an unreasonable or large burden on the Site.

All parties further agree not to impersonate or misrepresent their affiliation with any person or entity nor repeat any action after you receive warning or request to desist whether or not that action is explicitly prohibited in the policies stated on the Site.

Forum

When you participate in the Forum, you are not allowed to defame, abuse, harass or threaten others.  You must not make racially offensive remarks nor post material which is obscene, illegal, or violates any right of any group or individual.  Use of the Forum for commercial purposes other than is necessary to participate on the Site is forbidden.  You are solely responsible for any content you post and will hold Medlance Inc. and all parties associated with it harmless for the content of such communications.

Payment of Services

Upon acceptance of a bid, Client agrees to purchase Services according to the terms of the final bid or other terms agreed to by the parties.
Unless promotional conditions apply, a fee in the amount of 6% of the final bid for Provider services will be payed to Medlance Inc as compensation for access to and retention of Providers registered on eMedlance.com.  This fee is in addition to any registration fee and shall be paid either by credit card, eCheck or by other method arranged with Medlance Inc.
Should Client be billed by Medlance Inc, payment is to be received within fifteen (15) days of the billing date.  Fees not paid within this period will accrue interest at the rate of 15% per month.
If full payment is not received as required in this Agreement, Client shall be deemed in violation of this Agreement and subject to all legal remedies available to Medlance Inc.

Repeat Use

CLIENT

IF YOU ARE A CLIENT, YOU AGREE THAT FOR A PERIOD OF ONE YEAR AFTER ACCEPTANCE OF PROVIDER SERVICES, IF YOU POST, SOLICIT, OR PURCHASE ANY SERVICES FROM THE SAME SERVICE PROVIDER YOU WILL DO SO EXCLUSIVELY ON THE SITE.  In the event a Provider is hired for a permanent position, NO, "Finder's Fee" or, "Bidding Fee" will be assessed from Medlance Inc. for a job located in his/her city of residence.

SERVICE PROVIDER

IF YOU ARE A SERVICE PROVIDER, YOU AGREE THAT FOR A PERIOD OF ONE YEAR AFTER ACCEPTANCE OF A WORK PROPOSAL, IF YOU PROPOSE, BID OR PROVIDE ANY SERVICES TO THE SAME CLIENT YOU WILL DO SO EXCLUSIVELY ON THE SITE.

Communications

Unless indicated in writing to Medlance Inc, Medlance Inc will communicate with you by email or posting communications on the Site.  You agree that these electronic communications satisfy any legal requirements that such communication be in writing.  You will be considered to have received communication when eMedlance sends it to the email address provided with your registration.

All notices to Medlance Inc of a legal nature must be in writing and delivered by means of a delivery receipt to the following address:
Medlance Inc.

2136 Ford Parkway
Suite 362
St Paul, MN 55116-1863

Providers shall respond promptly, within one business day, to messages from Clients or Customer Service.

Governing Law

This Agreement shall be governed by, and construed in accordance with, the laws of the State of Minnesota. Users consent to the exclusive jurisdiction of the courts of Hennepin County, Minnesota, for any disputes relating to this Agreement

Indemnification

Users hereby agree to and hereby do indemnify and hold harmless Medlance Inc. and its respective shareholders, members, directors, officers, employees, agents and representatives against all claims, demands, liabilities, causes of action, damage, loss or expense (including but not limited to reasonable attorney fees and expenses) arising from the negligent or willful acts or omissions of Providers or Clients and their agents and representatives, in connection with the activities contemplated by this Agreement, or failure to comply with any obligation hereunder.

All rights and obligations related to this activity and enforcement thereof are solely the responsibility of the Providers and Clients and in no way involves eMedlance except as a venue to connect Service Providers and Clients.

eMedlance does not guarantee the quality, safety, or legality of services offered, the truth or accuracy of postings or abilities of Site participants to deliver services.  Further, eMedlance does not guarantee the ability of Clients to compensate Service Providers.

Termination

Medlance Inc. may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Medlance Inc. shall have no liability to Users or any third party because of such termination.  Any material stored on the Site will be deleted when registration is terminated.

Entire Agreement

This Agreement may not be changed orally, but only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification, extension, or discharge is sought.

Headings

The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.

Severability

Should any one or more of the provisions of this Agreement be determined to be illegal and unenforceable, such determinations shall not invalidate the whole Agreement, and all other provisions shall nevertheless remain valid and effective.

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eMedlance • 2136 Ford Parkway • Suite 362 • St. Paul, Minnesota 55116-1863
p. 920-585-0967 • f. 800-264-8606

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