Terms of Use

Terms of use are for New Wave Care, LLC doing business as “Find CareJobs” and “findcarejobs.com” are herein referred to as Find CareJobs. Last Updated: January 18, 2021

General Provisions

These Terms of Use (the “Terms” or “Agreement”) set forth the terms under which individuals or businesses residing in the United States may use the Find CareJobs website and/or the Find CareJobs services (described below). All Terms and Conditions apply to all users while certain Find CareJobs terms may be applicable to different user types based on how they engage and use the site; those are set forth in the section “User Type Specific Terms of Use, Representations and Liabilities” respectively.

Website Accessibility for All: Find CareJobs is proud to serve a diverse community. If any user is unable to navigate the website due to a disability or other reason, the user may call, email, postage mail or find any method to contact us at Find CareJobs and request a Care support person help the user navigate the site so they have equal access and site usability.

As a site User you agree and affirm the following:

You agree to read these Terms and Conditions to include any applicable User Type Specific Terms before using the Site or the Services.
By registering for the Site or using the Services by clicking “Accept” all Terms and Conditions, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you register as a user of the Site or Services or just visit the site (“hereinafter User or registered user or paid subscriber” all have the same meaning) .
These Terms include the Find CareJobs Privacy Policy. If you object to anything in these Terms, the Privacy Policy or any applicable Additional Terms do not use the Site or the Services.
User Agrees to read the arbitration terms and OPT OUT Arbitration terms.
User agrees to fully read the Find CareJobs Frequently Asked Questions (FAQ’s), if available, as part of this site agreement.
Registered users affirm and agree that these Terms and Conditions apply regardless of how such User learned about the Find CareJobs platform to include but not limited to: word of mouth, advertising of any and all types, or any other information received.

For purposes of these Terms, the “Site” shall mean www.findcarejobs.com and any other Find CareJobs branded websites including but not limited to: findcarejobs.com and findcarejobsrecruitment.com; web pages, mobile applications and mobile websites operated by Find CareJobs (“Find CareJobs” or “we”) in the United States, and the “Services” shall mean any of the various services that Find CareJobs provides through the Site or any other provisioning channels to include but not limited to: text, chat, email, video, twitter, and telephony.

Find CareJobs IS AN ONLINE PLATFORM WHERE CARE BUSINESSES AND CARE PROVIDERS CAN FIND & ENGAGE EACH OTHER ON A DIRECT BASIS AS DETERMINED BY THE PARTIES THEMSELVES.

Find CareJobs IS NOT A HOME HEALTH AGENCY, COMPANION CARE AGENCY, HOME CARE REGISTRY, PERSONNEL PLACEMENT FIRM, TEMPORARY STAFFING AGENCY, OR ANY OTHER KIND OF AGENCY OR REGISTRY.

Find CareJobs DOES NOT PROVIDE ANY NON-MEDICAL, MEDICAL, DIAGNOSTIC, ASSESSMENT, TREATMENT OR CLINICAL SERVICES, ENGAGE IN ANY CONDUCT THAT REQUIRES OR DOES NOT REQUIRE A PROFESSIONAL LICENSE OR THAT CONSTITUTES THE PROVISION OF CARE SERVICES OR ANY OTHER TYPE OR FORM OF SERVICES OTHER THAN THE PLATFORM AS A CONDUIT OF SUCH, REGARDLESS OF WHERE, WHEN or HOW SUCH SERVICE PROVISIONING OCCURS.

Find CareJobs DOES NOT EMPLOY CARE PROVIDERS. ANY RELATIONSHIP BETWEEN CARE SEEKERS / CARE BUSINESSES AND CARE PROVIDERS IS SOLELY DETERMINED BY THE PARTIES.

EACH CARE BUSINESS AND CARE PROVIDER ARE INDIVIDUALLY RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE TAX, EMPLOYMENT, BUSINESS AND OTHER LAWS IN CONNECTION WITH ANY RELATIONSHIP THEY MAY ESTABLISH OR ENGAGE IN WITH EACH OTHER.

-All information provided by Care Businesses and Care Providers is self-entered. All Registered Users warrant that all information provided through the Find CareJobs’ Platform is true, accurate, current and complete, and agree to maintain and promptly update their information to keep it true, accurate, current and complete .

Find CareJobs does not verify or guarantee the accuracy of the information provided by Care Businesses or Care Providers. Find CareJobs makes no representation as to whether the information provided by any user is complete, accurate, up-to-date or conclusive of the user or user’s suitability or willingness or ability to pay for any services provided by a Care Provider or Care Providers ability to deliver services.
Care Businesses and Care Providers are solely responsible for obtaining and maintaining any licenses or certificates that are required by law, regulation or governing authority to provide services. To the extent that an applicable law, regulation or notification from a recognized legal authority bars Find CareJobs from including a listing from a Care Provider that has failed to maintain any required license or credential and/or take any other action with respect to a Care Provider, Find CareJobs will comply with the law, regulation or upon notice from a legal or government body and remove and/or bar the Care Provider’s profile and listing from the Platform.
Care Businesses must independently verify a Care Provider’s eligibility to work in the US. by completing an I-9 Form if the Care Provider is hired as an employee who will be issued an IRS Form W-2.
Care Businesses are solely responsible for all reviewing, screening, interviewing, scheduling, vetting and selecting of any Care Provider for themselves and/or for the person or business they represent. Care Seekers / Care Businesses and Care Providers are solely and personally responsible for determining whether to commence a relationship and the terms and conditions of such relationship.
Find CareJobs is not responsible for any costs or expenses incurred by any Registered User incurred through engaging with another Registered User on or off the platform.
Find CareJobs personnel will not assist a Care Provider in any way in the promotion or performance of services for any or Care Business.
Find CareJobs is NOT responsible for any inappropriate images, behavior, gestures, etc. that may result from User’s communicating privately and/or directly or indirectly with each other on or off the Platform without time limitation.

INDEMNIFICATION: BY AGREEING TO THESE TERMS ALL USERS, INCLUDING BUT NOT LIMITED TO: CARE BUSINESSES AND CARE PROVIDERS AGREE TO FULLY AND COMPLETELY DEFEND, INDEMNIFY, AND HOLD Find CareJobs, INCLUDING ITS AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS, AMBASSADORS OR SHAREHOLDERS (COLLECTIVELY “INDEMNIFIED PERSONS”), HARMLESS FROM ANY CLAIMS, ACTIONS, SUITS, LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATING TO OR ARISING OUT OF the USE OF THE Find CareJobs' PLATFORM, INCLUDING BUT NOT LIMITED TO: (1) BREACH OF THESE TERMS; (2) VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY; (3) ANY ALLEGATION THAT ANY MATERIALS SUBMITTED TO OR TRANSMITTED THROUGH Find CareJobs’ PLATFORM INFRINGES OR OTHERWISE VIOLATES THE COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY OR PRIVACY RIGHTS OF ANY THIRD PARTY; AND/OR (4) ANY OTHER ACTIVITIES IN CONNECTION WITH THE PLATFORM TO INCLUDE ALL USER ACTIVITY ON OR OFF THE PLATFORM. THIS INDEMNITY SHALL BE APPLICABLE WITHOUT REGARD TO THE NEGLIGENCE OF ANY PARTY, INCLUDING ANY INDEMNIFIED PERSON.

Updates to Terms

These Terms, including the Privacy Policy, are subject to change by Find CareJobs at any time. We will make an attempt to notify you about significant changes in these Terms by sending a notice to the email address registered in your account, or by placing a reasonably visible notice on our Site, so that you can choose whether to continue using our Services. Significant changes will go into effect no less than 30 days after we notify you or place a notice on our web site as an update. You agree to check our Terms at least once every 30 days or less to stay current. Non-significant / non-material changes or clarifications will take effect immediately upon posting without notice of the updated Terms on our Site. You should periodically check www.findcarejobs.com/terms for updates. Terms are subject to change by Find CareJobs at its sole discretion and at any time for any reason. Any use of the Site or the Services by you after the effective date of any changes will constitute your acceptance of such changes.

Definitions; Overview of Services; Defining the Working Relationship

Definitions

VISITOR: Any person or entity that engages the Platform but has not joined and accepted these Terms. Visitors have limited access to and use of the Find CareJobs’ Platform.
REGISTERED USER also referred to as USER: Any person or entity that joins Find CareJobs by submitting the required information and agreeing to these Terms. Registered Users have full access to and use of the Find CareJobs’ Platform.
CARE SERVICES: Care services include, but are not limited to: companionship care, non-medical, medical, some light household duties, personal care, nursing supervision, skilled care services, physical therapy, occupational therapy, and speech therapy.
CARE PROVIDER: Any REGISTERED USER who is offering to provide care services including, but not limited to, companionship care, non-medical, medical, some light household duties, personal care, nursing supervision, skilled care services, physical therapy, occupational therapy, and speech therapy.
CARE BUSINESS: Any REGISTERED USER who subscribes to an Find CareJobs plan (to include a Free Trial period) who represents a Care Business or legal entity including but not limited to: home care agencies, home care registries, adult day care facilities, assisted living facilities, skilled nursing facilities, and/or hospitals; or who provides Personnel placement services for one of those businesses, or any other business who hires as W2 Employees or engages as 1099 Independent Contractors Care Providers who provide care to individuals regardless of the location or type of services.
CARE NAVIGATOR: An employee or independent contractor of Find CareJobs who assists and provides support to VISITORS or REGISTERED USERS through e-mail, live chat support and telephone. Care Navigators assist users in maximizing the platform’s features, functionality and attributes. CARE NAVIGATORS DO NOT MAKE DECISIONS OR RECOMMENDATIONS TO ANY SITE USERS ABOUT CARE SERVICES, RATES, WHO TO WORK FOR, WORK WITH, OR ENGAGE WITH, SCHEDULES or PAY, AS SITE USERS RETAIN THAT ROLE AND MAKE SUCH DECISIONS.
PORTAL: A Registered User’s accessible web pages that hold their self-entered personal or business information as well as any information pertaining to the care provided or obtained while using the Platform.
CONTENT: Any communications, images, sounds, videos, messages, photos, audios, reviews, or profiles, and any other material, data, files and information, or any derivations or reproductions thereof, that is published, displayed, entered, posted, uploaded, or transmitted in any manner onto or through the Find CareJobs’ Platform.

Overview of Services & Features

Overview of Services & Features: The following tools, features and services are offered through the Find CareJobs’ Platform:

Enhanced Search Functionality: Find CareJobs does NOT “match” or “recommend” any Care Providers. A search algorithm and User selected are used to show Care Businesses a list of Care Providers, Care Businesses have the ability with the provided search tools and functionality to narrow or fully expand the pool of Care Providers appearing in their search results at any time. Care Providers also have the opportunity to search for local jobs and recruitment events that are posted by Care Businesses by accessing their Find CareJobs Portal.
Care Navigator: Find CareJobs utilizes Care Navigators, whose role is to assist Care Businesses or Care Providers who may need a little extra help navigating or using the Platform. The Care Navigator may also assist on billing or invoice questions and those that the Care Businessand Care Seeker were not able to resolve on their own only if it relates to the Platform’s features/processing. Care Navigators are also available to assist with platform related technical or administrative matters. Care Navigators do not provide direct and/or impactful advice or make recommendations to include but not limited to of any kind regarding hiring-related matters such as the relationship agreed upon, selection, qualifications, evaluations, vetting, or fitness of any Care Business or Care Provider.
Video Interviewing: The Find CareJobs’ Platform enables Care Businesses to communicate directly with Care Providers during the screening, interviewing and selection stages of the process. The Platform supports video interviewing.
Automated Notifications: The Find CareJobs Platform provides triggered communication messages such as text and email updates to notify Care Businesses and Care Providers and any other authorized person with important account, scheduling, and care-related information. Find CareJobs will not be responsible if the user does not keep their Find CareJobs email address and phone number accurately updated as automated or other notifications may be missed.
Mobile Application: Find CareJobs also offers a mobile web application and/or a downloadable application which allows Care Businesses and Care Providers and any other authorized person to communicate and use the Platform from a smartphone, tablet or other portable device.

Defining the Working Relationship

Find CareJobs does not serve as an employer of any Care Providers or otherwise control their hours of work or compensation. Care Providers work independently of Find CareJobs and are not otherwise under the direction and/or control of Find CareJobs. Find CareJobs is simply a Platform that is used to connect Care Businesses with Care Providers. Care Businesses can search for a Care Provider through the use the Find CareJobs Platform, and Care Providers can search for and apply to local jobs and recruitment events from Care Businesses. The terms and conditions of the relationship between any user parties are left to their discretion and control. All users should consult with a lawyer, accountant or other professionals prior to and while engaging in a working relationship with another user(s).

● Care Businesses and Care Providers are solely responsible for determining an employment relationship that is best suited for them. Find CareJobs does not direct or control the relationship. established by the Care Seeker and the Care Provider. Find CareJobs is not a party to any such agreement and is NEVER THE EMPLOYER! In the case where any user or agency, company or entity hires or engages a care provider each such action operates independently of Find CareJobs and is not under our control. Find CareJobs is not the employer. Any issues concerning the conduct of a Care Business or Care Provider including, without limitation, the services received by the Care Businesses or payment due to the Care Provider, must be resolved directly by and between the Care Business and the Care Provider or engaging entity or persons.

Eligibility/Use of Platform; Representations and Warranties:

To be eligible to use the Find CareJobs’ Platform, you must meet the following criteria:

Find CareJobs platform is only available to individuals who are eighteen (18) years of age or older and you represent you are older than 18 years of age. (See Section: Age Restriction)
The Site and the Services are currently available only to individuals who are legally in the jurisdiction of the United States.
All users, who they represent, and anyone with access to the premises where Care Services are provided must NOT have been or are NOT currently (i) the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, or (ii) registered, or currently required to register, as a sex offender with any government entity.
All users agree to provide a violence and discrimination free work place.
You must not be a competitor of Find CareJobs or using our Services for reasons that are in competition with Find CareJobs or for your personal or business financial profit unless such use is approved in writing under a separately negotiated contract with Find CareJobs.

Age Restriction

Find CareJobs platform is only available to individuals who are eighteen (18) years of age or older and you represent you are older than 18 years of age. (See Section: Age Restriction)

Find CareJobs will not knowingly collect any information from anyone under the age of 18.
Any Care Provider seeking to register using the Platform must first identify their age before creating a profile and being listed in any search results. Find CareJobs assumes no responsibility for any misrepresentation made by anyone regarding their age or any information such user inputs into the platform. Should Find CareJobs learn that a Registered User has falsified information regarding age or any other information provided; Find CareJobs will immediately terminate the Registered Users access to the Platform.

Rules of Conduct

1. Registration, Posting, and Content Restrictions:

The following rules pertain to “Content”, additionally defined as any communications of any type to include but not limited to written text, images, sounds, texts, pictures, videos, telephony and all the material, data, and information that any user uploads or transmits through Find CareJobs. By transmitting and submitting any Content while using our Service, you agree, represent, acknowledge and warrant the following:

You are solely and personally responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.
You will register your account in your own legal name, even if you are seeking care for another individual, family member or representing a care business.
All Content you post will be in English as the Site and Services are not currently supported in any other languages.
You are solely and personally responsible for any Content that you post on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, gender offensive, bullying activities or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from Find CareJobs.
You will not provide inaccurate, misleading, defamatory or false information to Find CareJobs or to any other user of the Site, and all opinions stated as part of Content must be genuinely held and identified as solely the opinion of you or whoever is providing the information and not the opinion of Find CareJobs.
You understand and agree that Find CareJobs may, in its sole and exclusive discretion: review, make reasonable edits to, or delete any Content, with or without notice, in each case in whole or in part, that in the sole and exclusive judgment of Find CareJobs violates these Terms and Conditions, or which Find CareJobs determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others.
Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws, regulations or rules imposed by governing bodies. Find CareJobs is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.
Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by Find CareJobs are those of their respective authors / site users. Such authors / site users are solely and personally responsible for such content. Find CareJobs does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will Find CareJobs or its Affiliates, licensees and successors, officers, directors or employees, be responsible for any loss, injury, or damage of any type resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or b) reviews or comments made about you on the Site by other users to also include but not limited to any and all interactions between users who are 100% responsible for themselves. All Users agree to be fully 100% responsible for providing a safe environment for the Care Provider to provision services and the Care Recipient to receive services.
You agree that Find CareJobs has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity, however we reserve such rights on a sole and exclusive basis to remove any content we wish for any reason. We also reserve the sole and exclusive right to end any users account for any reason at any time with or without notice. In both cases under this paragraph no refunds will be made to user.

Exclusive Use

If you are a Care Business, you may use your account only to find Care Providers for a Care Business or legal entity including but not limited to: home care agencies, home care registries, adult day care facilities, assisted living facilities, skilled nursing facilities, and/or hospitals; or who provides Personnel placement services for one of those businesses, or any other business who hires as W2 Employees or engages as 1099 Independent Contractors Care Providers who provide care to individuals regardless of the location of services.
If you are a Care Provider, you may use your account only to find and receive job opportunities for yourself and/or participate in the optional Find CareJobs Ambassador Program (if the program is active).
You are solely responsible for all activity on and off the platform, use of your account (even if your login credentials are compromised or stolen), and you may not assign or otherwise transfer your account to any other person or entity for any reason.

Prohibited Uses

By using the Find CareJobs’ Platform, you agree that you will not under any circumstances:

Be or represent a business that identifies as a job site or job search platform that competes in any way with Find CareJobs or findcarejobsrecruitment.com
Register for more than one Account as an individual and/or an entity. The creation of multiple accounts for the same Registered User will result in termination of a Registered User’s account(s).
Use the Find CareJobs’ Platform, or any Content in any way that is abusive, threatening, obscene, defamatory, libelous, or otherwise objectionable and offensive;
Use the Find CareJobs’ Platform for any unlawful purpose, or for the promotion of illegal activities;
Use or employ any browser or server technology which alters, conceals, or hides your IP address;
Harass, abuse or harm another person or group, or attempt to do the same through your use of the Platform;
Access or use another Registered User’s Account unless you have the legal authority to act on behalf of the Registered User, and to bind the Registered User to these Terms;
Attempt to re-register as a user with Find CareJobs if your access has been limited, terminated or in some manner restricted by Find CareJobs for any reason;
Interfere or attempt to interfere with the proper functioning of Find CareJobs’ Platform by or through the automated use of the Platform, or by taking any action that would impose or potentially impose an unreasonable or disproportionately large load on the Find CareJobs’ servers or network infrastructure, or bypass any robot exclusion headers or other measures taken by Find CareJobs to restrict access to or use of the Platform;
Use the Find CareJobs’ Platform for any commercial solicitation purposes other than those intended by Find CareJobs;
Publish or link to malicious Content including without limitation any malware, viruses, Trojan horses, worms, time bombs, cancel bots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or intended to damage or disrupt the Find CareJobs’ Platform and/or another Registered User’s browser or computer, or access to or use of the Platform.

Find CareJobs Right to Limit Use or Remove Account

Find CareJobs RESERVES THE SOLE AND EXCLUSIVE RIGHT TO TAKE ACTION INCLUDING, BUT NOT LIMITED TO, TERMINATING, RESTRICTING OR BLOCKING A REGISTERED USER’S ACCESS TO AND USE OF THE Find CareJobs’ PLATFORM, WITH OR WITHOUT NOTICE, AS NECESSARY TO PROTECT THE PLATFORM FROM HACKING, MISUSE OR MISAPPROPRIATION, OR AS NECESSARY TO PROTECT REGISTERED USERS FROM PROHIBITED USES AND ACTIVITY.

User Type Specific Terms of Use, Representations & Limitations

User Type Specific Terms - Care Provider

Care Providers Accept & Affirm: As a Care Provider, you expressly represent, acknowledge and affirm your agreement with and understanding of the following terms and conditions in addition to the Terms outlined above:

You will promptly notify Find CareJobs at info@findcarejobs.com if any component of your Account Credentials is lost, stolen, or otherwise compromised;
You will only post Content that is consistent with these Terms, and which is truthful and accurate;
Find CareJobs IS NOT YOUR EMPLOYER. You and the Care Business(es) that you engage using the Find CareJobs’ Platform will determine and define the working relationship that you establish.
You will not receive any benefits such as but not limited to including but not limited to: insurance coverage, health and medical insurance, liability insurance, Workers’ Compensation or occupational/accident insurance, payments or compensation from Find CareJobs.
You will not knowingly, willfully, or negligently accept any offer from a Care Business if the services to be provided required by law that you hold professional credentials or a license, which you do not have, and/or if you do not possess the required training, skills or ability to perform the services in a competent manner.
Find CareJobs assumes no responsibility connecting you with Care Businesses. You are solely responsible for locating, vetting, suitability of and engaging Care Businesses interested in your services by using the Find CareJobs’ Platform or other sources to your satisfaction.
YOU MAY BE ENGAGED BY A CARE BUSINESS AS EITHER A SELF-EMPLOYED CARE PROVIDER OPERATING A BUSINESS AS AN INDEPENDENT CONTRACTOR OR AS AN EMPLOYEE OF THE CARE SEEKER or CARE BUSINESS. THE WORKING RELATIONSHIP THAT YOU ESTABLISH WITH any User IS SOLELY BETWEEN YOU AND THE User you engage. Find CareJobs ASSUMES NO RESPONSIBILITY AND OFFERS NO GUIDANCE OR ADVICE TO YOU AND/OR ANY User REGARDING THE RELATIONSHIP THAT YOU ESTABLISH.
IF YOU ARE NOT ALREADY SELF-DESIGNATED AS AN INDEPENDENT CONTRACTOR THEN YOU SHOULD CONSIDER AGREEING TO BE ENGAGED AS AN EMPLOYEE OF THE CARE SEEKER/CARE BUSINESS. AS AN EMPLOYEE OF A CARE BUSINESS, YOU WILL HAVE CERTAIN DEDUCTIONS TAKEN FROM YOUR PAY INCLUDING BUT NOT LIMITED TO INCOME AND PAYROLL TAXES, MEDICARE/SOCIAL SECURITY CONTRIBUTIONS AND UNEMPLOYMENT INSURANCE CONTRIBUTIONS. YOU MAY ALSO BE ENTITLED TO OVERTIME IF YOU WORK MORE THAN 40 HOURS IN ANY GIVEN WORK WEEK. YOU MAY BE PROTECTED FROM WORK-RELATED INJURIES THROUGH WORKERS COMPENSATION INSURANCE IF REQUIRED BY LAW. IT IS YOUR RESPONSIBILITY, NOT Find CareJobs’, TO KNOW WHAT BENEFITS YOUR EMPLOYER WILL PROVIDE OR NOT PROVIDE.
IF YOU ARE SELF-EMPLOYED AND OPERATING YOUR OWN BUSINESS AS AN INDEPENDENT CONTRACTOR, AND YOU ARE ENGAGED BY THE CARE BUSINESS ON THAT BASIS, YOU WILL BE PAID FOR WORK PROVISIONED BY THE CARE BUSINESS YOU ENGAGED AND YOU WILL BE RESPONSIBLE FOR PAYING ALL TAXES SUCH AS INCOME AND PAYROLL TAXES THAT ARE DUE AND OWED TO THE STATE AND/OR FEDERAL GOVERNMENT. YOU WILL NOT BE ENTITLED TO OVERTIME IF YOU WORK MORE THAN 40 HOURS IN ANY GIVEN WORK WEEK, AND YOU WILL NOT BE PROVIDED WORKERS COMPENSATION INSURANCE OR ANY BENEFITS BY THE CARE BUSINESS, NOR WILL YOU BE ENTITLED TO ANY BENEFITS INCLUDING BUT NOT LIMITED TO:UNEMPLOYMENT INSURANCE, WORKERS COMPENSATION,401K OR ANY BENEFITS OF ANY TYPE.
If you are engaged by aCare Business as an employee or an independent contractor, you are encouraged to obtain professional liability insurance and if applicable occupational accidental insurance if required by law.
You are responsible for paying all taxes and for filing all tax returns with respect to all income you earn from performing services for Care Businesses that engage you using the Find CareJobs Platform regardless of whether you are engaged as an employee or as an independent contractor.
You do not rely solely on the Find CareJobs’ Platform for identifying Care Businesses, and you are free to market your services through other channels.
Any fees, compensation or reimbursement that you earn or are due for services provided is solely the responsibility of Care Business(s) that you entered into a relationship with to provide care. Find CareJobs is NOT responsible for any payments from any Care Business to any Care Provider.
You should consult professionals such as but not limited to lawyers, accountants, licensing boards and other professionals or governmental entities to be compliant with any applicable rules, regulations etc. that may apply to the relationship you create with a Care Business.

User Type Specific Terms - Care Businesses:

Billing Payment / Payments - If you sign up for an Find CareJobs paid membership subscription, you agree to pay Find CareJobs all subscription charges associated with the plan you subscribe to as described on the Site at the time you subscribe and provide your payment information. You also authorize Find CareJobs to charge your chosen payment provider according to the terms of the plan to which you subscribe. The subscription period and the amount and frequency of the charges will vary depending on the subscription plan you select. Find CareJobs reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. To the extent you elect to purchase other Services or product offerings we may offer for a fee, you authorize Find CareJobs to charge your chosen payment provider for the Services and/or products you purchase. You agree to pay any applicable state and local taxes which may be collected at the time of sale, or following written notice at a later date. You agree that if Find CareJobs already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services/products you purchase.

Automatic Subscription Renewal, Upgrades / Downgrades and Cancellation -

Find CareJobs paid membership subscriptions will continue indefinitely until cancelled by the user. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically renew in perpetuity for an additional equivalent period as the subscription term you have most recently selected and at the subscription rate and frequency disclosed to you on the Site when you originally subscribed, unless otherwise provided at the time you subscribed.
You may be provided the option to upgrade or downgrade your membership which will include increased or decreased features, functionality, and cost, including but not limited to the # of job posts, # of recruitment events, # of messages/reveals, and territory restriction . You can review these options in the “My Account” “My Plan” “Update My Plan” section. If you upgrade your account you will be provided access to the increased plan features immediately and charged immediately for the difference between the two plans pro-rated for the number of days left in the billing cycle. If you downgrade your plan, the changes to your plan’s features and billing will take place at the next renewal date and no pro-rated credit will be requested or applied.
You can cancel your subscription at any time in your Portal or by providing written notice via email at least 4 days prior to info@findcarejobs.com. If you cancel your subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your cancelled subscription will not be renewed after your then-current term expires, but your credit card may be charged, and you may be required to pay, any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up for the subscription plan.
Changes to Subscriptions - All subscription plans and offerings are subject to change by Find CareJobs. Any change to your ongoing renewal rate would be noticed to you via email and will auto renew at the then current rate(s) unless you opt out of the renewal by updating your account or via other communication as may be necessary or required by law.
Refund Policy - All payments for services/products are non-refundable and there are no refunds or credits for unused or partially used services/products or service/product cancellations. Find CareJobs, however, retains the right in its sole discretion on an exception basis to review subscriber requests and apply full or partial refunds in the case of extenuating circumstances such as: acts of god, floods, national emergencies, etc.
No Representations & Warranties- Find CareJobs assumes no responsibility for finding or furnishing Care Businesses with a Care Provider. As a Care Business, you can use the features of the site including but not limited to: search & messaging, posting jobs, posting recruitment events to find Care Providers. You are solely responsible for VETTING, and all human resourcing of all Care Providers in accordance with your business practices to include compliance with all applicable laws, regulations, statues etc. from all jurisdictions and governing legal bodies. Find CareJobs makes NO GUARANTEES about the authenticity of the accounts on its site, nor the work eligibility of Care Providers, nor the license status, nor their criminal background. All Care Businesses should consult professionals including, but not limited to lawyers, accountants, licensing boards, governmental entities and other professionals to be compliant with any applicable rules, regulations etc. that may apply to the relationship you create with a Care Provider.

Disclaimers; Warranties; Limitations; Waivers; Indemnification

Disclaimer:

The Find CareJobs Platform endeavors to always be fully operational and working. However, to include but not limited to: acts of god, terrorism, energy grid, internet availability, failed programming/coding/software, or failed server hosting it is impossible to guarantee Platform availability and functionality.

Registered Users should be aware that any information shared on or through the Find CareJobs Platform can be viewed by any Visitor or Registered User. Registered Users should be careful not to post any information on or through the Find CareJobs Platform that they do not want an unknown party to view or read.

Find CareJobs does not proactively monitor or block any information posted to the Platform including messages automatically sent that may contain information that is protected under the Health Insurance Portability and Accountability Act (“HIPAA”). Find CareJobs is only a conduit for information that is loaded by Registered Users and is not a covered entity or business subject to HIPAA regulations. Thus, Find CareJobs has no obligation to maintain the confidentiality of any information under HIPAA. Users accept, affirm and acknowledge full responsibility for disclosure of any HIPAA violations and indemnifies Find CareJobs for any and all actions of any type and will indemnify and defend Find CareJobs from such actions to include any third party actions.

Any information and materials placed on or through the Find CareJobs Platform, including but not limited to text, graphics, information, links or other items are provided “as is” and without any warranties of any kind by Find CareJobs, including, without limitation, any express warranties, warranties of merchantability, warranties of fitness for a particular purpose, warranties of workmanlike quality, or any other implied warranties.

Further, opinions, advice, statements, offers, or other information or content made available through the Platform, such as Care Navigators, are those of their respective authors and not that of Find CareJobs. Links from the Find CareJobs Platform to external sites (including external sites that are framed or noted by Find CareJobs) or inclusion of advertisements do not constitute an endorsement by Find CareJobs of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for Registered Users’ reference and convenience. Registered Users access these links at their own risk, and it is the responsibility of Registered Users to evaluate the content and usefulness of the information obtained from other sites. Find CareJobs does not control these sites and is not responsible for their content. Links on the Find CareJobs Platform to these sites does not mean that Find CareJobs endorses any of the material on these sites or has any association with their operators. The use by Registered Users of any such site is controlled and governed by the terms and conditions of use for those specific sites, and not by these Terms. Find CareJobs expressly disclaims any liability derived from the use and/or viewing of links that may appear on the Find CareJobs Platform.

These Terms are not intended to, nor should they be construed as, making Find CareJobs or any Visitor or Registered User the partner, employer, employee, co-owner, joint venture, agent, legal representative, or contractor of the other party, unless specifically and expressly otherwise set forth above. Neither Find CareJobs or any Visitor or Registered User shall have or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.

No Warranty

The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is”, “as available”. Further opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Find CareJobs, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Find CareJobs DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN Find CareJobs; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Find CareJobs EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.

IN ADDITION AND WITHOUT LIMITING THE FOREGOING, Find CareJobs MAKES NO representations OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE OR USER WHO PROVIDES SERVICES OR ANY INTRODUCTIONS OR REFERRALS TO INCLUDE BUT NOT LIMITED TO ANY MEMBER OF A HOUSEHOLD, BUSINESS OR REPRESENTATIVE OF A BUSINESS SUCH AS AN EMPLOYEE, CONTRACTOR OR VOLUNTEER OR ANYONE ELSE THAT INTERACTS WITH USERS.

Limitation of Liability & Assumption of Risk

In no event will Find CareJobs be liable for any direct, indirect, special, incidental, misuse of content or information shared by a user, consequential damages, losses or expenses arising out of or relating to the use or inability to use the Find CareJobs Platform including, without limitation, damages related to any information received from the Platform, removal of Content including profile information, any email distributed to any Registered User or any linked web site or use thereof or inability to use by any party, or in connection with any limitation, suspension or termination of any Registered User’s access to the Platform or ability to access the Site or Services, failure of site performance, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Find CareJobs, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

UNDER NO CIRCUMSTANCES WILL Find CareJobs’ AGGREGATE LIABILITY, IN ANY FORM OF ACTION(S) WHATSOEVER IN CONNECTION WITH A REGISTERED USER’S USE AND/OR ACCESS TO THE Find CareJobs PLATFORM TO INCLUDE AUTHORIZED OR UNAUTHORIZED THIRD PARTY ACCESS EXCEED THE GREATER OF $1,000 OR THE AMOUNT OF FEES EARNED BY Find CareJobs FROM ACTIVITY RELATED TO THAT REGISTERED USER’S ACCOUNT.

This limitation of liability shall be construed broadly, and shall specifically include, without limitation, claims based upon negligence by any User or person, claims arising out of the termination of any Registered User’s account, claims based upon a determination of a Registered User’s ineligibility to use the Find CareJobs Platform and claims arising under the Fair Credit Reporting Act and shall not apply to intentional misconduct or claims for personal injuries.

No Liability for User Actions

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Find CareJobs BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS or NON USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU OR OTHER PARTIES.

In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Find CareJobs makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within, outside or through the Site to include any User actions or inactions on or off the site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist that you confirm and accept is legally licensed to provide such services and is in good standing with their licensing or regulating board.

No User Verification or Background Checks by Find CareJobs

AS A CONDITION OF USING THE Find CareJobs PLATFORM, ALL REGISTERED USERS CONSENT AND AGREE THAT Find CareJobs HAS NO OBLIGATION, TO VERIFY USER’S IDENTITY OR BACKGROUND CHECK USERS. It is each Registered Users sole responsibility to vet any users they choose to interact with on the platform.

Indemnification

BY ACCESSING AND USING THE Find CareJobs PLATFORM ALL VISITORS AND REGISTERED USERS AGREE TO HOLD Find CareJobs HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THE USE OF OR ACCESS TO LINKS THAT MAY APPEAR ON THE Find CareJobs PLATFORM, AND TO FULLY AND COMPLETELY DEFEND, INDEMNIFY, AND HOLD Find CareJobs, INCLUDING ITS AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS, AMBASSADORS OR SHAREHOLDERS (I.E., INDEMNIFIED PERSONS) HARMLESS FROM ANY CLAIMS, ACTIONS, SUITS, LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATING TO OR ARISING OUT OF YOUR USE OF THE PLATFORM INCLUDING, BUT NOT LIMITED TO: (1) BREACH OF THESE TERMS; (2) VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY AS A RESULT OF YOUR OWN INTERACTION WITH THE THIRD PARTY; (3) ANY ALLEGATION THAT ANY MATERIALS THAT YOU SUBMIT OR TRANSMIT THROUGH Find CareJobs INFRINGES OR OTHERWISE VIOLATES THE COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY THIRD PARTY; AND/OR (4) ANY OTHER ACTIVITIES IN CONNECTION WITH THE Find CareJobs PLATFORM. THIS INDEMNIFICATION SHALL BE APPLICABLE WITHOUT REGARD TO THE NEGLIGENCE OF ANY PARTY, INCLUDING ANY INDEMNIFIED PERSON.

YOU HEREBY AGREE TO PROMPTLY DEFEND AND INDEMNIFY Find CareJobs AGAINST ANY SUCH LOSSES, CLAIMS, DAMAGES, LIABILITIES OR EXPENSES, BUT YOU WILL NOT SETTLE WITHOUT CONSULTING Find CareJobs AND OBTAINING Find CareJobs’ PRIOR WRITTEN CONSENT. YOU AGREE & AFFIRM TO BE 100% RESPONSIBLE FOR ALL LEGAL & FINANCIAL OUTCOMES.

Find CareJobs RESERVES THE RIGHT TO PARTICIPATE AND TAKE CONTROL OF ITS DEFENSE THROUGH SEPARATE COUNSEL AT ITS SOLE DISCRETION.

ALL SITE VISITORS AND REGISTERED USERS AGREE, ACKNOWLEDGE & AFFIRM THE "INDEMNIFICATION TERM & CONDITION" INCLUDES AND APPLIES AND TRANSFERS TO ANY PARTNER, CHANNEL, AFFILIATE, OR EMPLOYEE ASSISTANCE PROGRAM PROVIDER (SUCH AS eni of VESTAL, NEW YORK) THAT HAS ENTERED INTO ANY CONTRACT RELATIONSHIP OR PARTNERING PROGRAM ON A DIRECT OR INDIRECT BASIS WITH Find CareJobs.

Disputes & Arbitration Agreement

Disputes between Users

Any issues, concerns or disputes arising between a Care Business and Care Provider including, without limitation, the quality or services received by the Care Business or Care Business’s Clients or the amount of payment due to the Care Provider, must be resolved directly by and between the Care Business & Care Provider.

Find CareJobs will not intervene in disputes between Registered Users who, as a condition of having access and using the Find CareJobs Platform agree indemnify and hold Find CareJobs harmless for any claim, issue, controversy or dispute that may arise between them related to use of the Find CareJobs Platform or related links and third party vendors.

Agreement to Arbitrate

This Agreement contains an Agreement to Arbitrate, which will, with limited exceptions, require you to submit claims you have against us to binding and final arbitration, unless you notify us in writing or your desire to opt out of the Agreement to Arbitrate within 30 days after the date you accept these Terms for the first time. The process to OPT OUT of the AGREEMENT TO ARBITRATE is to notify Find CareJobs that you in written format by mailing us, postmarked no later than 30 Days after the date you accept these Terms to: our Legal Counsel Joseph Maddaloni, Jr., Esq., at: Schenck, Price, Smith & King, 220 Park Avenue, Florham Park, New Jersey 07932, and/or at (973) 539-1000, and/or at jmj@spsk.com Unless you opt out: (1) you will only be permitted to pursue claims against Find CareJobs 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. All users agree to not engage any public relations to include announcements of any type while in arbitration.

This Section is referred to in these Terms as the Agreement to Arbitrate or “Arbitration Agreement”. Unless you opt-out in accordance with the opt-out procedures set forth above, you agree that any and all disputes or claims that have arisen or may arise between you and Find CareJobs or a Find CareJobs Affiliate, whether relating to these Terms (including any alleged breach thereof), the Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Scope of Arbitration

The scope of arbitration shall be construed broadly to include any and all claims that a Registered User has or might have regarding the Find CareJobs Platform or any action taken by Find CareJobs regarding the Registered User’s account. The scope of arbitration shall apply to all claims now existing, known or unknown, and all future claims.

Arbitration Process

Find CareJobs is always interested in resolving disputes amicably and efficiently. So before you commence arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us via email at info@findcarejobs.com

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA’s Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer arbitration. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in a court and may be overturned by a court only for very limited reasons.

To commence arbitration against Find CareJobs, you must complete a short form, submit it to the AAA, and send a written copy U.S. Postal Services mailed with received receipt deliver to our Legal Counsel Joseph Maddaloni, Jr., Esq., at: Schenck, Price, Smith & King, 220 Park Avenue, Florham Park, New Jersey 07932, and/or at (973) 539-1000, and/or at jmj@spsk.com.

For more information, see the AAA’s claim filing page, http://www.adr.org/fileacase

You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.

The arbitration will be held in Morris County, NJ if allowed by the process and Find CareJobs does retain sole right to agree to hold elsewhere should this option be available to Find CareJobs by this clause or other procedural process to include the possibility of in a location where you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less you or Find CareJobs may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Find CareJobs subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Find CareJobs, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of New Jersey, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Find CareJobs users, but is bound by rulings in prior arbitrations involving the same Find CareJobs user to the extent required by applicable law.

Cost of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA’s Rules, unless otherwise provided in this Agreement to Arbitrate. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Find CareJobs will discuss with Arbitrator the possibility of paying some or all or as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or does not rule in your favor, you agree to reimburse Find CareJobs for all fees of all types associated with the arbitration paid by Find CareJobs on your behalf that you otherwise would be obligated to pay under the AAA’s rules.

Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator will be strictly confidential for the benefit of all parties.

If a court decides that any term or provision of this Arbitration Agreement other than is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. The remainder of all remaining Terms will continue to apply.

Opt-Out Procedure

You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section. The Opt-Out Notice must be postmarked no later than 30 Days after the date you accept these Terms. You must mail the Opt-Out Notice to our Legal Counsel Joseph Maddaloni, Jr., Esq., at: Schenck, Price, Smith & King, 220 Park Avenue, Florham Park, New Jersey 07932, and/or at (973) 539-1000, and/or at jmj@spsk.com

The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and your email address(es) used to log in to the Find CareJobs account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, all other terms of the Find CareJobs Terms will

Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms to the contrary, Find CareJobs and users agree that if we make any changes to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Find CareJobs prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against Find CareJobs prior to the effective date of removal.

Governing Law and Jurisdiction

These Terms, and any dispute between you and Find CareJobs, shall be governed by the laws of the State of New Jersey without regard to principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement, the Arbitration Agreement. Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by an arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Caregivers.com must be resolved exclusively by a state or federal courts located in the State of New Jersey. You and Find CareJobs agree to submit to the personal jurisdiction of the courts located within the State of New Jersey for the purpose of litigating all such claims or disputes.

Prohibition of Class & Representative Actions & Non-Individualized Relief

YOU AND Find CareJobs AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND Find CareJobs AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER Find CareJobs USERS.

Privacy Policy

Privacy Policy Overview

Find CareJobs is committed to protecting the privacy of information collected from Registered Users and shared on the Find CareJobs’ Platform.  Find CareJobs recognizes the sensitive nature of much of the information provided on or through the Find CareJobs Platform, and Find CareJobs is committed to the highest standards of privacy.

Find CareJobs conforms to The Privacy Act of 1974, 5 U.S.C. § 552a. In addition, Find CareJobs employs SECURE SOCKETS LAYER (SSL) ENCRYPTION on all connections to and between our servers containing PERSONALLY IDENTIFIABLE INFORMATION (PII).  Find CareJobs use servers hosted by Microsoft Azure within their secure Microsoft facilities.  Find CareJobs encrypts our data drives and databases Find CareJobs only transmit critical information to our background check provider who also employs authenticated SSL and PII protocols.

Information We Collect

Find CareJobs collects both “Personal Information” and “Non-Personal Information” about our users. “Personal Information” is all the information that can be used to contact or identify a user to include but not limited to information such as full name, email address, business address, social security number, birth date, picture, and/or videos and any other related or linked information.

“Non-Personal Information” is information to include but not limited to that cannot be used to contact or identify you and is not linked to the information that can, this includes passively collected information about your actions on our site such as usage data, to the extent that information is not linked to your Personal Information. Find CareJobs may collect and store your IP address, your operating system version, your browser version, the pages you visit within the Platform, the length of time you spend on pages within the Platform, the site from which you linked to ours, search terms you used in search engines which resulted in you linking to the Platform and similar information.  While all of this information can be associated with the IP address of the computer used to access the Platform, it will not be associated with you as an individual or associated with any other information you may submit through the Platform, or that Find CareJobs may otherwise store about you for any other purposes. Find CareJobs may use web site “cookies” in the process of compiling the statistical information mentioned above and to tailor certain pages of the Platform for the browsing convenience of Registered Users.  You have the option of setting your browser to reject cookies, but the Find CareJobs Platform may not function correctly if you do so.  Refer to the Help feature of your browser for information on disabling cookies.

Site Visitors can access and browse certain portions of the Site without disclosing Personal Information, although, like most websites, we passively collect certain information from your computer, such as your IP address and web browser user agent, when you browse the Site. Visitors who access and browse the Site without registering are “Site Visitors”. In order to utilize some of the Services offered by Find CareJobs, you must register with Find CareJobs. All users who subscribe to Find CareJobs are “Registered Users”.

Information You Provide

Regardless of whether you are a Site Visitor or Registered User, you may provide Personal or Non Personal Information to us when visiting site, registering, posting a job, posting a profile, communicating through the Site, discussing care options over the phone, utilizing our mobile applications or that you otherwise provide on the Site or by phone, email or postal mail, may be stored by us. You represent and warrant to us that you have the right and authority to provide us all Personal Information you provide about yourself or others. You may provide us this Personal Information in various communicative ways such as written text, texts, video, audio, chat, telephony, and chat.

Most of the information collected comes directly from Registered Users.  Information also comes from third parties, including but not limited to governmental agencies and consumer reporting agencies or other public sources.  We may obtain information about your business or occupation, property, health, credit history and income, as well as personal identification information such as names, birth dates, addresses, social security and drivers’ license numbers, telephone numbers, and email addresses.

How We Use Your Information

To Determine Eligibility & Accuracy: The information provided by Visitors and Registered Users may be used by Find CareJobs to determine eligibility to use the Find CareJobs Platform and to assess the accuracy of the information included in any Registered User’s profile.

To Make Site Improvements: Find CareJobs may also compile statistical information concerning usage of the Find CareJobs Platform.  This information allows Find CareJobs to monitor Platform utilization and to continuously improve and enhance the Platform’s features.  Examples of this information would include, but not be limited to, the number of visitors to the Platform, or to sections or pages within the Platform, patterns of traffic flowing through the Platform, length of time spent on the Platform, or in sections or pages of the Platform, the other sites that refer visitors to the Platform, the pages of the Platform that visitors frequently use as entry and exit points, utilization of the browser and operating systems and versions used by visitors to the Platform.

With other Users: You acknowledge and agree that we may disclose information we’ve collected about you to other users to assist in the functionality of the site. This may include but not limited to: your first and last name, phone number, email address, self-entered license information, etc.

As Required by Law or for Safety Reasons: You acknowledge and agree that we may disclose information we’ve collected about you if required to do so by law or if we, in our sole discretion, believe that disclosure is reasonable to comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law), or to protect or defend Find CareJobs, or a third party’s, rights or property. We may also reserve the sole right to disclose information we’ve collected about you for purposes of protecting the health and safety of our community and Registered Users, such as in the case of risk of harm or violence against any person (including you).

With our affiliates, other providers, Find CareJobs – consent and agree: You acknowledge and agree that to the maximum extent permitted by law we may disclose any and all of the personal and non personal information we’ve collected about you to entities such as our affiliates or subsidiaries, 3rd parties, for the purposes of providing you with the Services, operating the Site, and our other commercial purposes as we deem appropriate to include providing you information to Headhunter, placement, or other firms that may engage you in a manner by which they operate relative to finding, placing, or securing you work as an independent consultant or employee as applicable. Absent any conflict this clause/section (with our affiliates) takes precedence in terms of your personal and non personal information at it relates to Find CareJobs.

We also MAY share your Personal Information with a third party if you consent to the sharing.

Future business transactions: In the event we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers will occur and are permitted by this Privacy Policy, and that any acquirer of ours or that acquirer’s affiliates may continue to process your Personal Information as set forth in this Privacy Policy unless such acquirer contacts you to present their Privacy Policy as an update.

Your Choices Regarding the Sharing of your Personal Information

Registered Users have control over what optional Personal Information they choose to share with us when utilizing our Services (such as pictures, certain details in a job description or profile, etc.).

Collection of Information from Children

The Find CareJobs Platform is not directed at users less than 18 years of age.  Find CareJobs will not knowingly collect any personal information from anyone who accesses or uses the Platform that is under 18 years of age.  If you are concerned access to or use of the Platform by someone in your household that is under the age of 18 years, you can use your own web-filtering technology to supervise or block their access to the Platform.

How We Protect Your Information:

Your user accounts are protected by the password you use to access your online account with Find CareJobs, and we urge you to take steps to keep your password safe and hack free. If you feel your password has been compromised, you should change it immediately by logging into your account and visiting the “My Account” section. After you have finished using our Site, you should log out of your Find CareJobs account and exit your browser.

WE TAKE SOME MINIMUM PRECAUTIONS IN AN EFFORT TO PROTECT YOUR INFORMATION AGAINST SECURITY BREACHES. HOWEVER, THIS IS NOT A GUARANTEE THAT SUCH INFORMATION MAY NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF SUCH PRECAUTIONS SUCH AS FIREWALLS AND SECURE SERVER SOFTWARE. BY USING OUR SITE, YOU ACKNOWLEDGE, RECOGNIZE AND AGREE THAT YOU UNDERSTAND AND AGREE TO ASSUME ALL THESE RISKS ASSOCIATED WITH YOUR PERSONAL AND NON PERSONAL INFORMATION SUCH THAT Find CareJobs HAS THE MINIMUM LEVEL OF RESPONSIBILITY AS PROVIDED BY LAW AND THIS RELEASE CLAUSE WHICH YOU AGREE SHALL TAKE PRECEDENCE AS APPLICABLE IN ALL SITUATIONS. RECENT LOSS OF PRIVATE, PERSONAL AND NON PERSONAL INFORMATION THRU MAJOR CORPORATIONS INDICATES THAT EVEN HIGH LEVELS OF SECURITY ARE VULNERABLE TO ATTACK AND THUS WE ARE UNABLE TO GUARANTEE ANY PROTECTION OF INFORMATION EXCEPT THAT Find CareJobs WILL MAKE AN ATTEMPT TO PROTECT YOUR INFORMATION.

IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT ANY OF Find CareJobs PRACTICES OR THE SECURITY OF YOUR PERSONAL INFORMATION, PLEASE CONTACT Find CareJobs AT 973-845-4845 OR info@findcarejobs.com.

Miscellaneous

Copyrights & Marks

Visitors and Registered Users understand and acknowledge that the software, code, proprietary methods and systems used to provide the Find CareJobs Platform are: (a) copyrighted by and/or licensed to Find CareJobs under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by Find CareJobs or its licensors (d) Patents of any type to include Patents in process. The Find CareJobs Platform may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without Find CareJobs’ prior written permission and the prior written permission of Find CareJobs’ licensors. Visitors and Registered Users must abide by all copyright notices, information, or restrictions contained in or attached to the Find CareJobs Platform. Nothing in these Terms grant you any right to make or receive delivery of a copy of the Platform to obtain access to Platform except as generally and ordinarily permitted in accordance with these Terms. Furthermore, nothing in these Terms will be deemed to grant, by implication, estoppel or otherwise, a license to the Find CareJobs Platform. Certain of the names, logos, and other materials displayed on the Platform constitute trademarks, trade names, service marks or logos (“Marks”) of Find CareJobs, our affiliates or other entities. Visitors and Registered Users are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Find CareJobs or those other entities. The use of any third-party software provided in connection with the Find CareJobs Platform is governed by such third party’s license and not by these Terms. In an effort to protect the rights of copyright owners, Find CareJobs maintains a policy for the termination, in appropriate circumstances, of a Visitor or Registered User’s access to and use of the Find CareJobs Platform for violations of the copyright and marks restrictions set forth above. Find CareJobs’ agent for copyright issues relating to the Find CareJobs Platform is as follows: Joseph Maddaloni, Jr., Esq. Schenck, Price, Smith & King, 220 Park Avenue, Florham Park, New Jersey 07932, (973) 539-1000, jmj@spsk.com.

Conflict of Terms with Policy or any term ruled unlawful

Users agree that any term that is ruled unlawful by a governing legal body does not impact all other terms which remain in force. Users further agree that any conflict of terms on interpretations shall be the sole discretion of Find CareJobs to determine which interpretation best support Find CareJobs and user holds harmless and indemnifies Find CareJobs for any and all decisions made in determining the outcome of such conflicts.

Transfer of Responsibilities

User ongoing responsibility after being a paid subscriber or site visitor remains in perpetuity or as long as the law allows. Users and anyone they introduce to the site or provide their account information to assumes all responsibility for that person or entity in its entirety and holds harmless and indemnifies Find CareJobs from any and all adverse actions, liabilities that results from users actions to include 3rd parties that access site or use site information that results but not limited to harm to people, property, reputations. Additionally, notwithstanding any other clause in these terms or laws forbidding such user is responsible for all those that interact with Care Provider and vice versa as if they were site users themselves and are bound by the same terms herein. Users must be responsible for themselves and their actions as well as anyone they introduce to information or association to the site and thus remain bound by these Terms and thus hold harmless and indemnify Find CareJobs from any and all claims of all types. Users also agree to abide by all terms post use of the site regardless of being a current or former user which of course includes all site visitors and paid subscribers.

Contact Information

If you have any questions or need further information regarding the Find CareJobs or Find CareJobs Recruitment platform or services, please contact Find CareJobs at 973-845-4845 or email info@findcarejobs.com or mail at 152 Speedwell Avenue, Morristown NJ 07960.

If you have any questions about these Terms & Conditions, please contact our Legal Counsel Joseph Maddaloni, Jr., Esq., at: Schenck, Price, Smith & King, 220 Park Avenue, Florham Park, New Jersey 07932, and/or at (973) 539-1000, and/or at jmj@spsk.com.

End of Terms and Conditions