Last updated September 2012
2. The Site Offers a Venue. The Site offers a venue to connect employers (those seeking care services) with those seeking to provide care services. Individuals are not allowed to use the site to find care for themselves or loved ones. User understands and agrees that MyCNAjobs has no control over the acts or omissions of any User on or off the Site and that MyCNAjobs makes no representations or warranties about the quality of the care services provided by any User. User understands and agrees that MyCNAjobs is not responsible for the performance or conduct, whether on or off the Site, of any User. 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, including without limitation any acts and/or omissions of Users on or off the Site.
3. Transactions Release. 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 between Users.
By using the Site, User understands and agrees that MyCNAjobs may rely on the above Eligibility Conditions representations and warranties 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.
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. If MyCNAjobs becomes aware of violations to the Eligibility Conditions by any other User, 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 after termination or during suspension. 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: (X) any inaccuracy, untimeliness or incompleteness of a User's Eligibility Conditions; (Y) any inaccuracy, untimeliness or incompleteness of information in any of the consumer reports (defined below); and/or (Z) misstatements and/or misrepresentations made by any Users.
5. Consumer Reports. MyCNAjobs may utilize third party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks and identification verifications ("consumer reports"). MyCNAjobs does not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness or completeness of any information in the consumer reports. MyCNAjobs does not independently verify information in the consumer reports. User hereby consents to MyCNAjobs collecting, using and disclosing the information in the consumer reports. User understands and agrees that MyCNAjobs may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that MyCNAjobs shall not be responsible or liable in any way in the event that any information in the consumer reports about any person, including without limitation any User, is not accurate, timely or complete. Users who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. MyCNAjobs reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in MyCNAjobs's sole discretion.
Records not available to third party consumer reporting agencies will not be included in the results. Not all arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are available in all jurisdictions. In many jurisdictions there is a delay before arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are included in background checks. Offenses for minors may not appear in the public record and are therefore not included in the results. Traffic violations are not included unless a jurisdiction reports them as criminal offenses. In the jurisdictions where traffic violations are reported as criminal offenses, such traffic violations may be included in the results as misdemeanors or felonies.
6. Use of the Site. User agrees to use the Site in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Site 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 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 support@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.
9. COPPA Compliance. The Site 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 each User agrees to make no further use of the Site after termination and/or during suspension.
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, User grants to MyCNAjobs an irrevocable, perpetual, non-exclusive, fully-paid, world-wide 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.
11. Prohibited Uses. The Site may not be used by any individual that is not associated with a senior care organization for recruitment. myCNAjobs is not intended for personal use.
12. Billing and Payment Policy. MyCNAjobs reserves the right, at any time, to modify its fees and/or billing methods. Upon registration for a paid membership, User agrees to pay MyCNAjobs at the prices then in effect, and User authorizes MyCNAjobs to charge its chosen 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 may be free for individual care providers, some services, including without limitation consumer reports, may be offered for a fee.
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's 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's use of payment processing services, please contact MyCNAjobs by email at firstname.lastname@example.org.
13. No Professional Advice; Information Only. Any information, materials, content and/or advice on the Site, including all social channels, are for informational purposes only. 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, including without limitation on the all social channels including Facebook, Twitter, Pinterest, and others.
16. Intellectual Property Rights. 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 is owned by MyCNAjobs or is used with permission. 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's prior express written permission. Furthermore, User is not allowed to post, distribute or reproduce any User Information that they do not own, or which they do 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/or civil and/or criminal penalties. In addition, the Site contains 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 are owned by MyCNAjobs or are appearing on the Site 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's 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 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 in a way that constitutes copyright infringement, please provide MyCNAjobs's designated agent with the following information:
MyCNAjobs's Copyright Agent for Notice of Claims of Copyright Infringement can be reached at the following address: by e-mail info@myCNAjobs.com with the subject line "DMCA" or by mail, General Counsel and Copyright Agent, MyCNAjobs, 20 West Kinzie Street #1500, Chicago, IL 60654.
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.
20. U.S. Export Controls. The Site is subject to United States export controls. No part of the Site 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, 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.
23. Modifications to the Site. MyCNAjobs reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site and/or any information, materials or content on the Site 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.
25. Disclaimer of Warranties. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. USER EXPRESSLY AGREES THAT USE OF THE SITE 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 WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SITE WILL BE RELIABLE, ACCURATE, TIMELY OR COMPLETE; (C) THE PROPER CONDUCT, WHETHER ON OR OFF THE SITE, OF ANY USERS; AND (D) THE USE OF PHONE SUPPORT SERVICES. MYCNAJOBS DOES NOT REPRESENT OR WARRANT THAT THE SITE 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 ANYCONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SITE.
26. Assumption of Risk. User assumes all risks when using the Site, 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.
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.
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.
31. All content, including the jobs contained on myCNAjobs, may have been created by people over whom myCNAjobs exercises no control. myCNAjobs assumes no responsibility for the content.
33. Contact. MyCNAjobs may be contacted at:By email: info@myCNAjobs.com