Last updated October 9, 2013

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 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 Website, 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 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, and (iv) 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.

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 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.

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.

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 (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.

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) neither User, nor anyone in User's home or, as applicable, the location where care services are provided: (i) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others; (ii) has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any sexual, child abuse or domestic violence offenses; and/or (iii) has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; (D) User has obtained, and maintained in good standing, all licenses and/or permits necessary to provide care services and/or hire or otherwise engage care providers, as applicable; and (E) neither User, nor anyone in User's home or, as applicable, the location where care services are provided is currently out on bail or on User's own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child abuse or domestic violence offenses.
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 other 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. 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 set forth in any of the consumer reports (defined below) or any other reporting provided by or made available by MyCNAjobs; and/or (Z) misstatements and/or misrepresentations made by any Users.

Notwithstanding the fact that MyCNAjobs has no obligation to verify any representations or warranties made by any User or other third party, to the extent MyCNAjobs, at its sole and absolute discretion, elects to perform any verification, User hereby authorizes MyCNAjobs to complete any such verification and User acknowledges and agrees that MyCNAjobs shall have the right, but not the obligation, to conduct on each and every User criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or using available public records. User consents to any collection, use or disclosure in order to accomplish such verification. User agrees that MyCNAjobs may take such action as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating User's membership, should it determine in its sole discretion, that User has violated any representation or warranty or any other provision of these Terms of Use or otherwise acted inappropriately or contrary to any MyCNAjobs policy. Each such suspended and/or terminated User agrees to make no further use of the Site or Application after termination or during suspension.

5. Consumer Reports. MyCNAjobs may, in connection with any background check it elects to perform, 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. To the extent MyCNAjobs elects to order and/or review any such consumer report, MyCNAjobs does not and will 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 that prepared the consumer report 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' sole discretion.

Records not available to third party consumer reporting agencies will not be included in the results of any consumer report. 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.  Consumer reports may, for any number of reasons, omit various other pieces of information a User would find material and/or make errors in reporting other information, and under no circumstances shall MyCNAjobs be responsible or liable in any way for any such omission or any such error.

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:

·       Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
·       Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
·       Use the Site or Application for any purpose that is in violation of local, state, national, or international law, including without limitation wage/hour and working condition laws and regulations;
·       Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
·       Upload files that contain 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;
·       Take any action that would undermine any aspect of the Site or Application;
·       Attempt to gain unauthorized access to the Site or Application, other User accounts, or other device, computer system or networks connected to the Site or Application;
·       Advertise or offer to sell any goods or services for any commercial purpose on the Site or through the Application that are not appropriate or relevant to the Site or Application;
·       Conduct or forward pyramid schemes, chain letters, surveys or contests on or through the Site or Application, except where sponsored or created by MyCNAjobs;
·       Impersonate another person or allow any other person or entity to use your user name, password or membership;
·       Post the same content repeatedly or spam - spamming is strictly prohibited;
·       Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Site or Application;
·       Access, download, or copy any information, content and/or materials from the Site or Application through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
·       Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Site or Application; or
·       Restrict or inhibit any other User from using and enjoying the Site or Application.

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 info@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. 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.

11. Prohibited Uses.  Neither the Site nor the Application may not 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 presented to you at the time of checkout. Where applicable, you will be billed using the billing method you select through your account management page or via Recruitment Squad Representative.  Fees paid by you are non-refundable, except as provided in these Terms or Use 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 in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are monthly or annual, depending on what subscription plan you select when purchasing a Subscription online or through your Recruitment Squad representative. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting your Recruitment Squad representative. You may cancel the on-demand package at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. Subscriptions with a 12-month contractual period can be cancelled after 7 months of full payment and a one-month cancellation fee. Services will be unavailable at the time of canceling. Annual packages cannot be cancelled and will not be refunded under any 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 on-demand services without a contractual agreement, fees can be changed at anytime 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 consumer reports, 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 MyCNAjobs by email at info@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 error 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 EQUITYHOLDERS, 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 ATTORNEY'S 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 THE CONSUMER REPORTS; (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 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 attorney's fees and court costs from User for such actions. Even while the User's membership 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 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:

·       An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest;
·       A description of the copyrighted work or other intellectual property that is claimed to have been infringed, including the URL (Internet address) or other specific location on the Site or Application where the material the User claims is infringed is located. Include enough information to allow MyCNAjobs to locate the material;
·       Your address, telephone number, and e-mail address;
·       A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
·       A statement by you made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

MyCNAjobs' Copyright Agent for Notice of Claims of Copyright Infringement can be reached at the following address: by e-mail copyright@myCNAjobs.com with the subject line "DMCA" or by mail, MyCNAjobs Copyright Agent, MyCNAjobs, 744 North Wells, 3rd Floor, Chicago, IL 60610.

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, MERCHANTIBILITY, 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 APPLICATIOIN 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 ANYCONTROVERSIES, 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 ASSERT 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. Any controversy, claim, suit, injury or damage arising from or in any way related to the Site, the Application or Terms of Use shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect and before a single arbitrator chosen by MyCNAjobs. Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. The arbitration shall be conducted solely in Chicago, Illinois, and judgment of the arbitration award may be entered into any court having jurisdiction thereof. MyCNAjobs may seek any interim or preliminary relief from a court of competent jurisdiction in Chicago, Illinois, necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration.

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 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
By mail: 744 North Wells, 3rd Floor, Chicago IL  60610