Welcome to PainCareers.com. Advanced Neuromodulation Systems, Inc. ("ANS") sponsors this Web site located at www.PainCareers.com (this "Site") and makes it available to you subject to this User Agreement (this "Agreement"). The terms "you" and "your," as used in this Agreement, refer to all individuals and/or entities accessing this Site for any reason. BY ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, AGREE TO BE BOUND BY AND UNDERSTAND THIS AGREEMENT AND THAT YOU WILL COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING UNITED STATES COPYRIGHT AND TRADEMARK LAWS. If you have any questions about your obligations under this Agreement, please contact Pete Lando, Assistant General Counsel, at Pete.Lando@ans-medical.com.

1. Site Use. This Site may be used only for lawful purposes by registered users seeking employment and career information or by employers seeking employees. You are authorized to view and access a single copy of the content available on or from this Site solely for your personal, non-commercial use. You agree not to post any incomplete, false or inaccurate biographical or employment information. Organizations and/or individuals that represent hiring organizations, including recruiting or staffing agencies, must identify themselves as such on the Site during the registration process and must not otherwise misrepresent themselves or the positions that they post. If you provide any information that is untrue, inaccurate, not current or incomplete, or ANS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ANS has the right to suspend or terminate your account and refuse to offer you any and all current or future use of the Site (or any portion thereof). You agree not to delete or revise any material posted by any other person or entity.
   
   
2. Submissions. As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Site you agree not to, do the following things: (a) post material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, or otherwise transmit material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, email or otherwise transmit material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or "pyramid schemes"; (g) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (i) intentionally or unintentionally violate any applicable local, state, national or international law; or (j) "stalk" or otherwise harass another.
   
   You acknowledge that ANS does not pre-screen or filter user submitted material, but that ANS and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any material that is available via the Site. Without limiting the foregoing, ANS and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any information or submitted material found on this Site, including any reliance on the accuracy, completeness, or usefulness of such information or material. In this regard, you acknowledge that you may not rely on any information or material submitted to the Site.
   
   To report alleged violations of the this Agreement, please contact Pete Lando, Assistant General Counsel, at Pete.Lando@ans-medical.com.
   
   You acknowledge and agree that ANS may preserve material and may also disclose material if required to do so by law or if ANS believes in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any material violates the rights of third-parties; or (d) protect the rights, property, or personal safety of ANS, its users or the public.
   
   
3. Passwords. You agree not to disclose or share your password with any third party or use your password for any unauthorized purpose. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify ANS of any unauthorized use of your registration or password.
   
   
4. Indemnity. You agree to indemnify and hold ANS, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any material you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of this Agreement, or your violation of any rights of another.
   
   
5. No Resale of the Site. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
   
   
6. Termination. Upon any breach by you of this Agreement, ANS may pursue, in its sole discretion, all of its legal remedies, including but not limited to deletion of your submitted material from this Site and may immediately terminate your registration and your ability to access this Site. ANS may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and you acknowledge and agree that ANS may immediately deactivate or delete your account and all related information and material in your account and/or bar any further access to such information or to the Site. Further, you agree that ANS shall not be liable to you or any third-party for any termination of your access to the Site.
   
   
7. Links. ANS may provide, or third parties may provide, links to other World Wide Web sites or resources that are beyond ANS's control. ANS makes no representations as to the quality, suitability, functionality or legality of any sites to which links may be provided, and you hereby waive any claim you might have against ANS, with respect to such sites. ANS IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE. If you decide to access linked third party Web sites, you do so at your own risk.
   
   
8. No Warranty. ANS DOES NOT WARRANT THAT THIS SITE WILL OPERATE ERROR-FREE OR THAT THE SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. THE SITE AND THE INFORMATION AND MATERIAL HEREIN ARE PROVIDED "AS IS," AND ANS EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, ANS does not promise or warrant to you that any aspect of the Site will work properly or will be available continuously. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from state to state.
   
   
9. Limit on Liability. IN NO EVENT SHALL ANS BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, ITS SERVICES OR THIS AGREEMENT. FURTHER, IN NO EVENT SHALL ANS BE LIABLE TO YOU IN AN AMOUNT GREATER THAN $100. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
   
   
10. Access Limits. Without ANS's express written consent, you may not (a) use any automated means to access the Site or collect any information from the Site (including without limitation robots, spiders or scripts), or (b) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
    
    
11. Governing Law and Arbitration. This Agreement is governed in all respects by the laws of the State of Texas as such laws are applied to agreements entered into and to be performed entirely within Texas between Texas residents. Any controversy or claim arising out of or relating to this Agreement or the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Dallas County, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review, except as permitted by Texas law. Notwithstanding the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction in Dallas County, Texas as necessary to protect the party's rights or property pending the completion of arbitration. By using this Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Dallas County, Texas.
    
    
12. Entire Agreement. This Agreement constitutes the entire agreement, and supersedes the provisions of any other agreements or understandings (oral or written), between the parties with respect to the subject matter of this Agreement.
    
    
13. Modifications to Terms of Agreement. ANS reserves the right to revise, amend or modify the terms of this Agreement at any time and in any manner at its sole discretion. Please check these terms periodically for changes. Notice of any revision, amendment or modification of the terms will be posted in this section of the Site, and any such revisions, amendment, or modifications will be effective upon the posting of such notice. Continued use of the Site by you constitutes your binding acceptance of such revisions, amendments, and modifications. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE THE SITE.
    
    
14. DMCA Agent. This Site's designated DMCA agent is Pete Lando, who can be contacted at Pete.Lando@ans-medical.com.
    
    
15. General. You shall comply with all laws and regulations applicable to your access and use of this Site and the submission and publication of your materials. If any portion of this Agreement is deemed unenforceable, that portion shall be enforced to the maximum extent possible and the remaining portions of the Agreement shall be given full effect. ANS's failure to act in a particular circumstance does not waive the ability to act with respect to that circumstance or similar circumstances. ANS shall be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement. ANS may change, remove, or require registration or payment to continue use of any aspect of the Site at any time without further notice to you.