Terms of Use
Last updated February 18, 2020
These Terms of Use (this “Agreement” or these "Terms of Use"), which is a legal agreement between you (“You”, "you" or "User") and Healthcare Research, LLC, an Illinois limited liability company d/b/a, in this case, as "MyCNAjobs" (“MyCNAjobs”), shall govern Your use of and access to the Application (as defined below) and the Site (as defined below). By checking any acceptance boxes, clicking any acceptance buttons, submitting any text or content or simply by making any use of the Application and/or Site, You (a) accept this Agreement and agree to be bound by each of its terms, and (b) represent and warrant to MyCNAjobs that (i) You are at least 18 years of age, are located in the United States and have the authority to enter into this Agreement (either on your own behalf or by having a parent or legal guardian agree to the terms set forth herein on your behalf), (ii) this Agreement is binding and enforceable against You, (iii) to the extent an individual is accepting this Agreement on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity, (iv) to the extent You are an employer or hold yourself out to be an employer, You are not an individual hiring for care, and (v) You have read and understand MyCNAjobs' Privacy Policy, the terms of which are posted at the Website and within the Application and incorporated herein by reference (the “Privacy Policy”), and agree to abide by the Privacy Policy. This Site is not directed to children under 13 years old.
If you object to anything in these Terms of Use or the MyCNAjobs Privacy Policy or otherwise do not understand or agree to be bound by these Terms of Use and/or the MyCNAjobs Privacy Policy, do not use the Site and exit immediately.
User may print a copy of these Terms of Use by using the print button or feature in the browser. MyCNAjobs suggests retaining a copy for future reference. User understands and agrees that MyCNAjobs may revise these Terms of Use (except for the agreement to arbitrate) at any time, effective upon posting on the Site or within the Application, and by continuing to use the Site and/or Application, User agrees to be bound by future revisions. It is User's responsibility to periodically visit the "Terms of Use" link at the bottom of the home page to review the most current version of these Terms of Use.
These Terms contain an Arbitration Agreement, which will, with limited exception, require a user to submit claims against us to binding and final arbitration. A site user who does not wish to agree to arbitration must opt out of arbitration within 30 days after the date the user accepts these terms for the first time. Failure to opt out means in part that: (1) you will only be permitted to pursue claims against MyCNAjobs in arbitration on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. If you do not opt out of arbitration both you and MyCNAjobs consent to arbitration of covered claims.
1. Acceptance of Terms of Use Agreement. These Terms of Use set out the legally binding terms and conditions applicable to the Site and Application. These Terms of Use include MyCNAjobs' Privacy Policy which is incorporated herein by reference. In addition, by using the Site, User understands and agrees that these Terms of Use were provided to User and that User had an opportunity to review and decline to accept these Terms of Use.
2. The Site Offers a Venue. MyCNAjobs operates a website located at www.mycnajobs.com (the "Site") which offers a venue to connect employers (those seeking care services) with individuals seeking to provide care services. In addition, MyCNAjobs may in the future launch and/or operate one or more mobile applications providing similar functionality via mobile devices (the "Application"). Neither the Site nor the Application is intended to allow individuals to find care for themselves or loved ones, and use of the Site or Application in that manner is prohibited. User understands and agrees that MyCNAjobs has no control over the acts or omissions of any User or any other party on or off the Site and that MyCNAjobs makes no representations or warranties about the quality of the care services provided by any User or any other party. User understands and agrees that MyCNAjobs is not responsible for the performance or conduct, whether on or off the Site, of any User or other third party. As such, MyCNAjobs expressly disclaims, and each User expressly releases MyCNAjobs from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the Site and/or the Application, including without limitation any acts and/or omissions of Users or any other third parties on or off the Site. MyCNAjobs does not warrant—and specifically disclaims—that any applicant appearing on this site or provided from the site and sent directly into an employer applicant tracking system has consented to be called or that their phone number is current and up to date. This venue is being presented on an “as is” basis. Employers, recruiters and any other users of this site are solely responsible for obtaining the permissions necessary under state and federal law to contact any applicant.
3. Transactions Release; Certain Programs. MyCNAjobs expressly disclaims, and each User expressly releases MyCNAjobs from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to disputes (i) between Users, and (ii) between and/or among Users and any third parties with which any User may enter into a business relationship via the Site and/or Application. MyCNAjobs may, from time to time, offer programs, opportunities and/or other services within the care services industry generally, and User understands, agrees and acknowledges that no such program, opportunity or service shall change the fact that User remains solely responsible for performing its, his or her own due diligence in respect of hiring any individual or obtaining employment within any organization (including, without limitation, ensuring each such individual holds all necessary licenses in good standing). By way of example, and not in limitation of the foregoing, MyCNAjobs offers a service commonly referred to as "Caregivers on Demand" and “Interview Booking” pursuant to which MyCNAjobs will assist potential employers of caregivers in organizing one or more recruiting events or directly booking interviews, promoting such event(s) and assisting in delivering caregivers to such event(s) or interview slots that may be seeking employment opportunities. To this end, MyCNAjobs may communicate directly with potential caregivers and/or perform telephone or other interviews with potential caregivers. User agrees and acknowledges that notwithstanding any such involvement of MyCNAjobs in identifying caregivers and/or promoting any such event to any caregiver(s), Users hosting any such event remain solely responsible for investigating the background of each such potential caregiver, performing interviews with each such potential caregiver and ultimately making all hiring decisions in respect of each such caregiver. MyCNAjobs is not responsible or liable in any way for any claims or damages that may arise out of (a) any potential caregiver falsifying records, (b) any potential caregiver or employer not honoring any agreement it, he or she may have entered into with the other or any other actions taken by any User, or (c) any theft, crime or other action taken by any potential caregiver or employer, whether at a Caregivers on Demand event or any other event or in connection with any service provided or administered by MyCNAjobs. MyCNAjobs makes no representations or warranties to any User or any other party regarding the background, integrity, skill set or capabilities of any employer, caregiver or any other third party. For purposes of clarity, User (i) shall be solely responsible for performing full background checks and otherwise screening all caregivers, and (ii) agrees and acknowledges that MyCNAjobs is not responsible or liable in any way for any actions taken or information provided or omitted by any caregiver. It is the sole responsibility of the User to ensure its employment policies and practices meet state and federal requirements. MyCNAjobs is not responsible for the content of the User’s job descriptions or invitations to interview. MyCNAjobs may make recommendations with respect to content, but it is the sole responsibility of User to ensure its content meets state and federal employment law requirements. Additionally, MyCNAjobs is not responsible for the usage of data or the result of strategies implemented due to the usage of data from reports, webinars, white papers, or other types of learnings shared on the website (including MyCNAjobs and HealthcareReesarch.org), via account reps, or via conferences or webinars.
4. Eligibility. By using the Site, User represents and warrants that User currently meets and will continue to meet the following eligibility conditions ("Eligibility Conditions") for as long as User uses the Site: (A) User is at least 18 years old and has and will at all times comply with all laws and regulations, including without limitation being legally authorized to work, in the jurisdiction in which User seeks to provide or receive services; (B) User has the right, authority and capacity to enter into these Terms of Use and to abide by all of terms and conditions in these Terms of Use; (C) User: (i) has not been the subject of a pending complaint, restraining order (whether now or in the past) or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others and resulted in a disposition other than full exoneration; (ii) has not been convicted of a crime of any nature, including any felony or misdemeanor, involving any sexual, child abuse or domestic violence offenses; (iii) has not been and/or is not currently required to register as a sex offender in any jurisdiction or with any government entity; (iv) is not currently and has not in the past been listed on a nurse aide abuse registry; and/or (v) is not currently and has not in the past been listed as an excluded, sanctioned or debarred provider by the United States Department of Health and Human Services Office of Inspector General, the federal government otherwise (e.g., listed on the System for Award Management, Central Contractor Registry, Federal Agency Registration, Online Representations and Certifications Application or Excluded Parties List System), or any state agency or regulatory body; (D) User has obtained, maintained in good standing (i.e., has had no action taken against the User’s license or permit, and is not currently known to be subject to investigation by any governmental or quasigovernmental authority) and has a current, active license and/or permit necessary to provide care services and/or hire or otherwise engage care providers, as applicable; and (E) User is not currently out on bail or on User's own recognizance pending trial, relating to any criminal charge.
By using the Site or Application, User understands and agrees that MyCNAjobs may rely on the above Eligibility Conditions representations and warranties, together with all other representations and warranties set forth herein, as true. User understands and agrees that MyCNAjobs may revise the Eligibility Conditions from time to time and require new conditions and certifications and that User will abide by such revised Eligibility Conditions or discontinue using the Site and Application.
User understands and agrees that MyCNAjobs does not independently verify that any or all of the Eligibility Conditions are met by any other Users. User understands and agrees to make its own decisions and assessments about persons to engage, potential employment opportunities and/or any other business relationship which may result from using the Site and/or the Application. If MyCNAjobs becomes aware of violations to the Eligibility Conditions by any User, it may suspend and/or terminate such User's membership with or without notice; provided, that MyCNAjobs shall not, under any set of circumstances, be required to investigate compliance with Eligibility Conditions or otherwise verify the veracity and/or accuracy of any information provided by any User to MyCNAjobs. Each such suspended and/or terminated User agrees to make no further use of the Site after termination or during suspension. Additionally, User agrees that following any suspension or termination of User’s membership, access or account, MyCNAjobs may send a notice to other users with whom MyCNAjobs believes User interacted or corresponded through MyCNAjobs or the public regarding such suspension or termination. MyCNAjobs expressly disclaims, and each User expressly releases MyCNAjobs from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (W) any inaccuracy, untimeliness or incompleteness of a User's Eligibility Conditions; (X) any inaccuracy, untimeliness or incompleteness of information set forth in any the Consumer Report (defined below) or any other report regarding any User; (Y) misstatements and/or misrepresentations made by any Users; and/or (Z) MyCNAjobs making any statement to other users or the public about the suspension or termination of User’s membership, access or account.
User understands and agrees that MyCNAjobs will present User with interview and career opportunities as it sees fit and that MyCNAjobs is under no obligation to do so solely because User has agreed to these terms. User further agrees that MyCNAjobs may at its sole discretion determine that a User is not fit for a particular interview or career opportunity. User understands and agrees that upon failure to appear for four (4) or more interviews within a 3-month period, MyCNAjobs may choose not to book future interviews for User over the following 12-month period.
5. Consumer Reports. MyCNAjobs does not perform background, sex offender registry, nurse aide abuse registry, excluded provider, motor vehicle records, employment verification, identification verification or reference checks on users (collectively “Consumer Reports”), and does not receive or interpret the results of any Consumer Reports on users. It is up to the individual user/employer to perform its own Consumer Report on any potential employee. MyCNAjobs has negotiated a discounted rate for users to obtain certain reference checks performed by SkillSurvey. MyCNAjobs will not review or receive the results of any check performed by SkillSurvey. MyCNAjobs does not endorse or make any representations or warranties regarding the reliability of any check performed by SkillSurvey or the accuracy, timeliness or completeness of any information in a report created by SkillSurvey.
6. Use of the Site and Application. User agrees to use the Site and Application in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Site and/or Application that MyCNAjobs, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. MyCNAjobs reserves the right to suspend and/or terminate any User with or without notice at any time in its sole discretion, for any reason or no reason. Each such suspended and/or terminated User agrees to make no further use of the Site and/or Application after termination or during suspension. User understands and agrees not to, and not to permit or encourage anyone else to:
MyCNAjobs reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to MyCNAjobs in its sole discretion. User may report any alleged improprieties by any User to MyCNAjobs by email at privacy@myCNAjobs.com.
7. Account Security. User is responsible for maintaining the confidentiality of passwords and account information for the Site and User is fully responsible for all activities that occur under User's account. User agrees to immediately notify MyCNAjobs of any unauthorized use of accounts or any other breach of security. User shall be solely responsible for maintaining all user names and passwords provided to User.
8. Links to Third Party Websites. The Site may contain links to third party websites, which links are provided solely for convenience. User understands and agrees that MyCNAjobs does not control or endorse such third party websites, any products or services that are made available by such third parties or any advertisements displayed on, through or in connection with such third party websites. User understands and agrees that use of such third party websites is at their own risk, that such third party websites are governed by such third party's terms of use and privacy policies, and that MyCNAjobs is not responsible for the privacy practices or other policies of such third party websites. MyCNAjobs expressly disclaims, and each User expressly releases MyCNAjobs from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to such third party websites, including without limitation such websites' availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services.
9. COPPA Compliance. Each of the Site and the Application is intended for people 18 and older. MyCNAjobs will not knowingly collect any information from children under the age of 13. MyCNAjobs expressly disclaims, and each User expressly releases MyCNAjobs from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to any misrepresentations regarding the age of any User. MyCNAjobs reserves the right to suspend and/or terminate with or without notice the membership of any User who it believes has provided false information when registering for and/or using the Site and/or Application and each User agrees to make no further use of the Site or Application after termination and/or during suspension.
10. User Information. "User Information" is defined as any information, content and/or materials User posts on the Site or within the Application, submits to MyCNAjobs and/or submits to any other User on or through the Site or Application or by any other medium or method, including providing user information to a MyCNAjobs Account Representative via phone. MyCNAjobs will use User Information in accordance with the MyCNAjobs Privacy Policy. User agrees and acknowledges that MyCNAjobs acts as nothing more than a passive conduit for User Information and User is solely responsible for its User Information. User Information, including without limitation in connection with registration and Users' profiles, is self-reported and User understands and agrees that MyCNAjobs does not independently verify that any or all of the User Information is accurate, timely or complete. User understands and agrees to make its own decisions and assessments about persons to engage or any other business relationship it may consider through use of the Site and/or Application. MyCNAjobs will not be responsible for the acts of other Users with respect to User Information. MyCNAjobs expressly disclaims, and each User expressly releases MyCNAjobs from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to any User Information, including without limitation to any acts of or reliance upon by other Users with respect to such User Information and/or any comments made by User about others. User agrees and acknowledges that any views, recommendations or statements posted within any blog or other discussion forum made available on the Site and/or through the Application, some of which Users may find offensive, indecent, objectionable and/or inaccurate, are not endorsed or approved by MyCNAjobs and do not represent the views or opinions of MyCNAjobs and/or its agents, and as such, MyCNAjobs shall not be responsible or liable in any way in connection with or relating to any such views, recommendations and/or statements. In addition, User agrees and acknowledges that MyCNAjobs has no control over, and is in no way responsible for, the types of responses or communications, the origin of any responses or communications, the content of any responses or communications and/or the quality of any responses or communications a User may receive in connection with any post or submission to the Site and/or within the Application. Job postings at the Site or within the Application may turn out to be inaccurate, unavailable, contrary to applicable laws and/or regulations and/or fraudulent, and submissions in connection with job postings may turn out to include unqualified or unlicensed candidates, candidates with undisclosed criminal backgrounds and/or candidates making false or fraudulent representations regarding background, identify and/or qualifications. You are solely responsible for performing all due diligence and/or investigation necessary to evaluate any information or submission you receive through or in connection with the Site and/or Application, and for ensuring compliance with all applicable employment and other laws and regulations, including without limitation all laws regarding nondiscrimination.
User represents and warrants that it is the owner or licensee or otherwise has the right to disclose such User Information and, in exchange for being permitted to use the Site and/or Application, User grants to MyCNAjobs an irrevocable, perpetual, non-exclusive, fully-paid, world-wide, transferable, sub-licensable license to use, copy, perform, display, reproduce, adapt, modify, and distribute such User Information and to prepare derivative works of, or incorporate into other works and to grant sublicenses to any of the above.
User represents and warrants that any User Information: (A) shall not be inaccurate, untimely, incomplete or misleading, including without limitation in connection with registration, User's profile and/or use of the Site or Application; (B) shall not infringe any third party's rights, including without limitation copyright, patent, trademark, trade secret or other propriety right or rights of publicity or privacy; (C) shall not violate any law, statute, ordinance, or regulation, including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising or the provision of child care, elder care or health care; (D) shall not be defamatory, libelous, threatening or harassing; (E) shall not be obscene or contain pornography or be harmful to minors; (F) shall not contain any viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network; and (G) shall not create liability for MyCNAjobs or cause MyCNAjobs to lose (in whole or in part) the services of the MyCNAjobs ISPs or other partners or suppliers. MyCNAjobs may, but is not obligated to, review or delete any User Information that, in MyCNAjobs' sole discretion, violates these Terms of Use or any other MyCNAjobs policy. If MyCNAjobs becomes aware of inaccurate, untimely, incomplete or misleading User Information, it may suspend and/or terminate such User's membership with or without notice. Each such suspended and/or terminated User agrees to make no further use of the Site or Application during suspension or after termination.
User, by accepting this Agreement and/or making any use of the Site or MyCNAjobs services, hereby (i) agrees and acknowledges that any information, content or data submitted by User to MyCNAjobs or otherwise input into the Site or any MyCNAjobs software platform, including without limitation, first and last name, e-mail and resume data (collectively, "Submitted Information"), may be used by MyCNAjobs to perform services and/or to send commercial and/or other types of e-mail to User in connection with providing MyCNAjobs services and/or advertising other products or services to User, (ii) agrees and acknowledges that Submitted Information may also be provided or sold to third parties to either assist MyCNAjobs in providing services to User or to allow any such third party to either send commercial and/or advertising e-mails to User or to assist third party advertisers in sending commercial and/or advertising e-mails and/or promotions to User, and (iii) consents and opts-in to receiving commercial emails from MyCNAjobs and to the transfer by MyCNAjobs of any such commercial emailing rights to one or more third parties to allow such third parties to send promotional, commercial and/or advertising e-mails or other communications to User. User may, at any time, elect to revoke the above-described consent and opt-in by sending an e-mail to privacy@myCNAjobs.com and including "Opt Out" in the Subject line. MyCNAjobs is not responsible for the usage of data or the result of strategies implemented due to the usage of data.
11. Prohibited Uses. Neither the Site nor the Application may be used by any individual that is not associated with or seeking to become associated with a company or organization that engages, or intends to engage, care providers, either in-home or through a separate facility. MyCNAjobs is not intended for personal use.
12. Billing and Payment Policy. You agree to pay to MyCNAjobs any fees for each product or service you purchase or use, in accordance with the pricing and payment terms in your Agreement. Similarly, if you elect to use the discounted services offered by SkillSurvey, you agree to pay MyCNAjobs for those services, a portion of which you understand shall be remitted to SkillSurvey. Services are billed via credit card unless mutually agreed in writing between you and MyCNAjobs. You are responsible for ensuring that the credit card associated with your account is up to date and that you are authorized to use that credit card. MyCNAjobs reserves the right to implement fraud-protection measures including, without limitation, temporarily charging small amounts to your credit card to determine that it is a valid credit card and you are authorized to use it. Fees paid by you are non-refundable, except as provided in these Terms or Use, your Agreement or when required by law. Some of our products are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed on a recurring, periodic basis (each period is called a “billing cycle”). Some of our services are billed based on the number of booked interviews and the fee outlined in your Agreement. Billing cycles are weekly, monthly or annual, depending on what subscription plan you select when purchasing a Subscription online or through your Account representative. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal. You may cancel a non-contractual package within 72 hours notice of your renewal date, in which case your Subscription will continue until the end of that billing cycle before terminating. In the event you are using MyCNAjobs’ ‘Interview Booking’ product, you will pay for the interviews already booked at the time of cancel. All cancel notifications must be sent in writing via email to your Account Representative. Subscriptions paid monthly or subscriptions paid annually with a 12-month contractual period can be cancelled in the event of bankruptcy, but cannot be cancelled under any other circumstances. MyCNAjobs may change the fees charged for the services at any time, provided that, for services billed on a subscription basis, the change will become effective only at the end of the contractual period. For services without a contractual agreement, fees can be changed at any time and reasonable notice will be given prior to the implementation of the new fees. Upon registration for a paid subscription or any other purchase at the Site or through the Application, User agrees to pay MyCNAjobs at the prices then in effect, and User authorizes MyCNAjobs to charge its chosen credit card or other payment provider in connection therewith. MyCNAjobs reserves the right to correct any payment errors even if it has already requested and/or received payment. While use of the Site and/or Application may be free for individual care providers, (i) some services, including without limitation reference checks offered by SkillSurvey, may be offered for a fee, and (ii) MyCNAjobs may elect, at its discretion, to begin charging fees for use of various portions of the Site and/or Application.
MyCNAjobs may use third party payment processing services to process credit card information. While MyCNAjobs will use commercially reasonable efforts to protect the privacy of all personal and financial information, MyCNAjobs expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to MyCNAjobs' use of third party payment processing services, including without limitation for any damage that may result should any such information be released to any third parties. For further information about MyCNAjobs' use of payment processing services, please contact your MyCNAjobs Account Representative and email inquires to privacy@myCNAjobs.com.
13. No Professional Advice; Information Only. Any information, materials, content and/or advice on the Site or within the Application, including all social channels, are for informational purposes only. Any trend reports and/or similar reports created and/or published by MyCNAjobs from time to time may contain errors and/or inaccuracies. MyCNAjobs is not a care provider and/or employment placement agency. If Users have specific concerns or a situation arises requiring professional advice, Users should consult with an appropriately-trained and qualified professional. MyCNAjobs expressly disclaims, and each User expressly releases MyCNAjobs from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to the information, materials and content on the Site and/or Application, including without limitation on the all social channels including Facebook, Twitter, Pinterest, and other similar services.
14. Indemnification. USER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MYCNAJOBS, TOGETHER WITH ITS EQUITY HOLDERS, OFFICERS, DIRECTORS, MANAGERS AND/OR AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, INCURRED BY MYCNAJOBS OR ANY OTHER INDEMNIFIED PARTY IN ANY WAY RELATED TO USER'S: (A) ACTS AND/OR OMISSIONS ON OR OFF THE SITE OR APPLICATION; (B) BREACH OF THESE TERMS OF USE; (C) DISPUTES WITH OR BETWEEN OTHER USERS OR ANY OTHER THIRD PARTY; (D) USE AND/OR MISUSE OF THE SITE AND/OR APPLICATION, INCLUDING WITHOUT LIMITATION ANY INFORMATION, CONTENT AND/OR MATERIALS THEREON; (E) VIOLATION OF ANY APPLICABLE LAW OR REGULATION; (F) INACCURATE, UNTIMELY, INCOMPLETE OR MISLEADING USER INFORMATION, INCLUDING WITHOUT LIMITATION WITH RESPECT TO REGISTRATION, PROFILE, ELIGIBILITY CONDITIONS AND INFORMATION SUBMITTED IN CONNECTION WITH CONSUMER REPORTS; (G) MISSTATEMENTS AND/OR MISREPRESENTATIONS; (H) USE OF LINKS TO THIRD PARTY WEBSITES, INCLUDING WITHOUT LIMITATION SUCH WEBSITES' AVAILABILITY, TERMS OF USE, PRIVACY POLICY, INFORMATION, CONTENT, MATERIALS, ADVERTISING, PRODUCTS AND/OR SERVICES; (I) USER INFORMATION AND ANY ACTS OR OMISSIONS WITH RESPECT TO SUCH USER INFORMATION; (J) USE OF ANY INFORMATION IN A CONSUMER REPORT; (K) USE OF THIRD PARTY PAYMENT PROCESSING SERVICES; (L) USE OF PHONE SUPPORT SERVICES (DEFINED BELOW); AND/OR (M) USE OF ANY SERVICES OR PRODUCTS OR ANY CONTRACTS OR ARRANGEMENTS MADE OR PROVIDED BASED ON INFORMATION, CONTENT AND/OR MATERIALS OBTAINED ON OR THROUGH THE SITE OR APPLICATION. USER FURTHER AGREES THAT IT WILL COOPERATE AS REQUESTED BY MYCNAJOBS IN THE DEFENSE OF SUCH CLAIMS. MYCNAJOBS RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY USERS, AND USER SHALL NOT, IN ANY EVENT, SETTLE ANY CLAIM OR MATTER WITHOUT THE WRITTEN CONSENT OF MYCNAJOBS.
15. Suspension and Termination. MyCNAjobs may suspend and/or terminate a User's membership, account or access for any reason or for no reason at all and with or without notice and/or refund, all in MyCNAjobs' sole discretion. Suspension and/or termination of a User's membership may include restricting access to and use of the Site and/or Application and may also include the deletion of the content associated with the User's membership. Each such suspended and/or terminated User agrees to make no further use of the Site or Application during suspension or after termination. MyCNAjobs reserves the right, but does not undertake any duty, to take appropriate legal action, including without limitation the pursuit of civil, criminal and/or injunctive redress against Users for continuing to use the Site or Application during suspension or after termination, and User agrees that MyCNAjobs may recover its reasonable attorneys’ fees and court costs from User for such actions. Even while the User's membership, account or access is suspended and after it is terminated, these Terms of Use will remain enforceable against such suspended and/or terminated User. All other terms that by their nature may survive suspension and/or termination of these Terms of Use shall also be deemed to survive such suspension and/or termination.
16. Intellectual Property Rights. All trademarks, patents, copyrights and other intellectual property rights owned by MyCNAjobs on the date these Terms of Use are accepted and/or created thereafter by MyCNAjobs shall continue to be owned solely by MyCNAjobs, and except as set forth herein, nothing in this Agreement shall be deemed to confer any rights to any such intellectual property on User or any other party. For purposes of clarity: (i) as between You and MyCNAjobs, You shall be deemed to be the sole owner of all User Information you submit to the Site or through the Application (subject to MyCNAjobs' irrevocable, fully-paid, world-wide, assignable right to use, sell and/or sublicense use of such User Information as described above in these Terms of Use); and (ii) MyCNAjobs is the sole owner of the name “MyCNAjobs” as well as the Site, the Application, and all source code, object code, software, content, copyrights, trademarks, patents and other intellectual property related thereto or included therein. All suggestions, recommendations, bug-fixes, error-fixes or other communications from You to MyCNAjobs regarding the Application or the Site shall, upon submission to MyCNAjobs, be owned solely and exclusively by MyCNAjobs. You shall not directly or indirectly copy or reproduce all or any part of the Application or the Site, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization. You shall not violate or attempt to violate the security of the Application or Site. You shall not reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the Application or Site, including, without limitation, any of the software comprising or in any way making up a part of the Application or Site. All information, materials and content, including without limitation text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") on the Site or within the Application is owned by MyCNAjobs or is used with permission, other than User Information submitted by a User, which is licensed to MyCNAjobs as described above in these Terms of Use. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. MyCNAjobs also owns the coordination, selection, arrangement and enhancement of such Proprietary Materials as a collective work and/or compilation under the United States Copyright Act, as amended. User may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site without MyCNAjobs' prior express written permission. Furthermore, User is not allowed to post, distribute or reproduce any User Information that he, she or it does not own, or which such User does not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject User to termination or suspension from the Site and Application and/or civil and/or criminal penalties. In addition, the Site and Application contain material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of MyCNAjobs and/or the relevant right holder.
The service marks, trademarks, logos and trade names appearing on this Site or within the Application are owned by MyCNAjobs or are appearing on the Site and/or Application with permission of the respective owners and User acknowledges the rights of MyCNAjobs and the respective third parties therein. User may not copy or use any of these service marks, trademarks, logos or trade names without the prior written permission of the owner.
17. Copyright Complaints and Copyright Agent. It is MyCNAjobs' policy to terminate any User who infringes the rights of others upon receipt of notification to MyCNAjobs by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. Upon receipt of proper and valid notice of claimed infringement under the DMCA, MyCNAjobs will respond to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. If you believe that your work has been copied and posted on or made accessible through the Site or Application in a way that constitutes copyright infringement, please provide MyCNAjobs' designated agent with the following information:
MyCNAjobs' Copyright Agent for Notice of Claims of Copyright Infringement can be reached at the following address: by e-mail privacy@myCNAjobs.com with the subject line "DMCA" or by mail, MyCNAjobs Copyright Agent, MyCNAjobs, 401 E. Jackson Street, Suite 3300, Tampa FL 33602
18. Notice of Availability of Filtering Software. Pursuant to the Communications Decency Act, all Users are hereby informed by MyCNAjobs, the provider of this interactive computer service, that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors.
19. Privacy Policy. MyCNAjobs' Privacy Policy located on the Site and within the Application as modified by MyCNAjobs from time to time is a part of these Terms of Use and is incorporated herein by this reference. By using the Site and/or Application, User understands and agrees that User has reviewed and agrees to the Privacy Policy.
20. U.S. Export Controls. The Site and Application are subject to United States export controls. No part of the Site or Application may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Site or Application, User represents and warrants that User is not located in, under the control of, or a national or resident of any such country or on any such list.
21. No Third Party Beneficiaries. User understands and agrees that, except as otherwise expressly provided in these Terms of Use, there shall be no third party beneficiaries to these Terms of Use.
22. Limited License. MyCNAjobs grants User a nonexclusive, revocable right to use the Site and/or Application for the authorized purposes stated in these Terms of Use provided that User does not: (A) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code; (B) modify or attempt to modify the Site or Application in any manner or form; or (C) violate these Terms of Use.
23. Modifications to the Site or Application. MyCNAjobs reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or Application and/or any information, materials or content on the Site or Application with or without notice to Users. User agrees that MyCNAjobs shall not be liable to User or any third party for any modification or discontinuance of the Site or any portion thereof. User acknowledges that the Site and/or Application may be down from time to time for routine maintenance and/or any number of other reasons, and under no circumstances shall MyCNAjobs be responsible or liable in any way for any such downtime. You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Site and/or the Application.
24. Limitations on Use. In the interest of maintaining the performance and availability of the Site and in enforcing these Terms of Use, MyCNAjobs reserves the right to place certain limitations on Users' access to the Site. User acknowledges that this term supersedes any specific offer made by MyCNAjobs and that these limitations may be enforced in MyCNAjobs' sole discretion. If User feels that these limitations are interfering with legitimate use of MyCNAjobs in keeping with the Terms of Use, User agrees to refer this concern to MyCNAjobs and abide by the determination of the MyCNAjobs.
25. Disclaimer of Warranties. EACH OF THE SITE AND THE APPLICATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTABILITY, NON-INFRINGEMENT, UPTIME, DOWNTIME, FITNESS FOR A PARTICULAR PURPOSE OR AS TO THE RESULTS THAT USER MAY ACHIEVE ON ACCOUNT OF USING THE SITE AND/OR APPLICATION. USER EXPRESSLY AGREES THAT USE OF THE SITE AND APPLICATION IS AT USER'S SOLE RISK. MYCNAJOBS DOES NOT REPRESENT, OR WARRANT, AND FURTHER DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH, THE FOLLOWING: (A) THAT ACCESS TO THE SITE OR APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SITE OR APPLICATION WILL BE RELIABLE, ACCURATE, TIMELY OR COMPLETE; (C) THE PROPER CONDUCT, WHETHER ON OR OFF THE SITE, OF ANY USERS OR ANY OTHER THIRD PARTY; AND (D) THE USE OF PHONE SUPPORT SERVICES. MYCNAJOBS DOES NOT REPRESENT OR WARRANT THAT THE SITE OR APPLICATION IS FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK. MYCNAJOBS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. MYCNAJOBS SHALL NOT BE LIABLE FOR, AND EACH USER EXPRESSLY RELEASES MYCNAJOBS FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SITE OR APPLICATION.
26. Assumption of Risk. User assumes all risks when using the Site and/or Application, including without limitation all of the risks associated with any online or offline interactions with other Users. User agrees to take all necessary precautions when interacting with other Users. In addition, MyCNAjobs shall not be liable to You for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control.
27. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL MYCNAJOBS BE LIABLE TO USER OR ANY OTHER USER OR THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE AGGREGATE LIABILITY OF MYCNAJOBS TO ANY USER WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY USER IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. NO CLAIM MAY BE ASSERTED MORE THAN TWELVE (12) MONTHS FOLLOWING THE DATE ON WHICH SUCH CLAIM FIRST AROSE.
28. Notice. Any notice or other communication to be given hereunder shall be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail to the address listed below.
29. Arbitration Agreement. Important Note Regarding this Arbitration Agreement:
WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD NOT RELY SOLELY UPON THE INFORMATION PROVIDED IN THIS ARBITRATION AGREEMENT AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS – INCLUDING BUT NOT LIMITED TO AN ATTORNEY – REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.
Except as provided in Subsection vi. below, such disputes include without limitation disputes arising out of or relating to interpretation or application of this Arbitration Agreement, including the enforceability, revocability or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judge.
Except as it otherwise provides, this Arbitration Agreement also applies, without limitation, to all disputes between you and MyCNAjobs as well as all disputes between you and MyCNAjobs’s fiduciaries, administrators, officers, members, directors, affiliates, subsidiaries, parents, and all successors and assigns of any of them (each of whom is expressly made an intended third party beneficiary of this Agreement), including but not limited to any disputes arising out of or related to this Agreement and disputes, past, present or future, arising out of or related to your relationship with the MyCNAjobs, how that relationship is classified, described or defined in this Agreement, and including termination of the relationship. This Arbitration Agreement also applies, without limitation, to disputes regarding privacy, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, termination, harassment and claims arising under the Fair Credit Reporting Act, Defend Trade Secrets Act, Title VII of the Civil Rights Act of 1964, Equal Pay Act, Rehabilitation Act, 42 U.S.C. § 1981, Civil Rights Acts of 1866 and 1871, the Civil Rights Act of 1991, the Pregnancy Discrimination Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for claims for employee benefits under any benefit plan sponsored by the Company and (a) covered by the Employee Retirement Income Security Act of 1974 or (b) funded by insurance), Affordable Care Act, Genetic Information Non-Discrimination Act, Uniformed Services Employment and Reemployment Rights Act, Worker Adjustment and Retraining Notification Act, Older Workers Benefits Protection Act of 1990, Occupational Safety and Health Act, Consolidated Omnibus Budget Reconciliation Act of 1985, False Claims Act, state or local statutes or regulations addressing the same or similar subject matters, and all other federal, state or local statutory and legal claims arising out of or relating to your relationship with MyCNAjobs or the termination of that relationship (including without limitation torts and post-termination defamation or retaliation).
This Arbitration Agreement is intended to require arbitration of every claim or dispute that lawfully can be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the Arbitration Agreement.
Regardless of any other terms of this Arbitration Agreement, nothing prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, and nothing in this Agreement or Arbitration Agreement prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement.
Nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration.
Disputes that may not be subject to a predispute Arbitration Agreement pursuant to applicable Federal law are excluded from the coverage of this Arbitration Agreement.
A party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy in accordance with applicable law, and any such application shall not be deemed incompatible with or waiver of this Arbitration Agreement. The court to which the application is made is authorized to consider the merits of the arbitrable controversy to the extent it deems necessary in making its ruling. All determinations of final relief, however, will be decided in arbitration.
You and MyCNAjobs agree to resolve any dispute that is in arbitration on an individual basis only, and not on a class, collective, consolidated or representative action basis (“Class Action Waiver”). The arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the JAMS Rules, disputes regarding the enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective, and/or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.
While MyCNAjobs will not take any retaliatory action in response to any exercise of rights you may have under Section 7 of the National Labor Relations Act, if any, MyCNAjobs shall not be precluded from moving to enforce its rights under the Federal Arbitration Act to compel arbitration on the terms and conditions set forth in this Agreement.
In order to be effective, the letter under option (2) must clearly indicate your intent to opt out of this Arbitration Agreement, and must be dated and signed. The envelope containing the signed letter must be received (if delivered by hand) or post-marked within 30 days of the date this Agreement is executed by you. Your writing opting out of this Arbitration Agreement, whether sent by options (1) or (2), will be filed with a copy of this Agreement and maintained by MyCNAjobs. Should you not opt out of this Arbitration Agreement within the 30-day period, you and MyCNAjobs shall be bound by the terms of this Arbitration Agreement. You have the right to consult with counsel of your choice concerning this Arbitration Agreement. You understand that you will not be subject to retaliation if you exercise your right to assert claims or opt-out of coverage under this Arbitration Agreement.
30. This Agreement, together with the Privacy Policy, represents the entire agreement between User and MyCNAjobs with respect to the Site and Application. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect.
31. All content, including the jobs contained on MyCNAjobs, may have been created by Users over whom MyCNAjobs exercises no control. MyCNAjobs assumes no responsibility for the content created by Users.
32. Contact. MyCNAjobs may be contacted at:
Messaging Policy
myCNAjobs offers an SMS messaging service. You may choose to opt-in to our SMS messaging service at your own discretion, and you may opt-out at any time. We will communicate with you via SMS for the purposes of service alerts and notifications. We may also send promotional messages. Participating carriers include: AT&T, Boost Mobile, T-Mobile, Metro PCS, Verizon Wireless, Sprint, U.S. Cellular, Nextel & Virgin Mobile. Carriers are not liable for delayed or undelivered messages. T-Mobile is not liable for delayed or undelivered messages. As always, message and data rates may apply. Message frequency varies per user. If you have any questions about your text plan or data plan, please contact your wireless provider. You can cancel the SMS service at any time. To cancel, text "STOP" to 600600. We will respond with a single SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. You may, at any time, text "HELP" to 600600 for a brief help message. We will respond with instructions on how to use our service as well as how to unsubscribe. You may also contact myCNAjobs support at: 888-220-0385 or email us at sam@mycnajobs.com.
