Terms of Use
Acceptance of the Terms of Use Agreement
This Terms of Use Agreement (hereinafter the “Agreement”) is entered into by and between this Website User (hereinafter “You” or “Your”) and Independent Caregivers, LLC, a Nebraska limited liability company, doing business as Jobs4CNAs (hereinafter “Us”, “Our”, “We”, or the “Company”). The Agreement together with any documents expressly incorporated by reference govern Your access to and use of https://www.jobs4cnas.com (hereinafter this “Website”), including any content, functionality, and services offered on or through this Website whether as a Guest or Registered User.
Please read the Agreement before You start to use this Website. By using this Website, You accept and agree to be bound and abide by the Agreement and Our Privacy Policy (hereinafter the “Privacy Policy”), found at https://www.jobs4cnas.com/privacy-policy/ and incorporated herein by reference. If You do not agree to be bound and abide by the Agreement You must not access or use this Website.
Changes to the Agreement
We may revise and update the Agreement from time to time in Our sole discretion. All changes are effective immediately when We post them, and apply to all access to and use of this Website thereafter.
Your continued use of this Website following the posting of the revisions to the Agreement means that You accept and agree to the changes. You are expected to check this page frequently so You are aware of any changes, as they are binding on You.
Definitions and Interpretations
In the Agreement the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Event” means any planned public or social occasion, such as a career fair;
“Guest” means a Website User who accesses this Website without an account;
“Organizer” means any Registered User who advertises their Event on this Website;
“Registered User” means a Website User who accesses this Website after creating an account, including all individuals and companies who post available jobs on this Website;
“Service” means collectively any online facilities, tools, services or information that the Company makes available through this Website either now or in the future;
“System” means any online communications infrastructure that the Company makes available through this Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; and
“Website User” means any individual or company that accesses this Website, either to seek employment or to search for employees, and whether as a Guest or as a Registered User.
Accessing this Website and Account Security
We reserve the right to withdraw or amend this Website, and any Service or material We provide on this Website, in Our sole discretion without notice. We will not be liable if for any reason all or any part of this Website is unavailable at any time or for any period. From time to time, We may restrict access to some parts of this Website, or the entirety of this Website, to a Website User.
You are responsible for both:
- Making all arrangements necessary for You to have access to this Website; and
- Ensuring that all persons who access this Website through Your internet connection are aware of and comply with the Agreement.
To access this Website or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of this Website that all the information You provide on this Website is correct, current, and complete. You agree that all information You provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on this Website, is governed by the Privacy Policy, and You consent to all actions We take with respect to Your information consistent with Our Privacy Policy.
If You choose, or are provided with, a user name, password, or any other piece of information as part of Our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Website or portions of it using Your user name, password, or other security information. You agree to notify Us immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by You or provided by Us, at any time in Our sole discretion for any or no reason, including if, in Our sole discretion, You have violated any provision of the Agreement.
Prohibited Uses
You may use this Website only for lawful purposes and in accordance with the Agreement. You agree not to use this Website for the following:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate Content, asking for personally identifiable information, or otherwise;
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in the Agreement;
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
- To engage in any automated use of the System, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
- To impersonate or attempt to impersonate the Company, an employee of the Company, another Website User, or any other person or entity;
- To engage in unauthorized framing of or linking to this Website;
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this Website, or which, as determined by Us, may harm the Company or Website Users of this Website, or expose them to liability;
Additionally, You agree not to:
- Use this Website in any manner that could disable, overburden, damage, or impair this Website or interfere with any other party’s use of this Website, including their ability to engage in real time activities through this Website;
- Copy or adapt this Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
- Use any robot, spider, or other automatic device, process, or means to access this Website for any purpose, including monitoring or copying any of the material on this Website;
- Use any manual process to monitor or copy any of the material on this Website, or for any other purpose not expressly authorized in the Agreement, without Our prior written consent;
- Use any device, software, or routine that interferes with the proper working of this Website;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of this Website, the server on which this Website is stored, or any server, computer, or database connected to this Website;
- Attack this Website via a denial-of-service attack or a distributed denial-of-service attack;
- Otherwise attempt to interfere with the proper working of this Website;
- Use this Website as part of any effort to compete with Us or otherwise use this Website or Content for any revenue-generating endeavor or commercial enterprise;
- Systematically retrieve data or other Content from this Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Us;
- Use this Website to advertise or offer to sell goods and services;
- Use any information obtained from this Website in order to harass, abuse, or harm another person; or
- Submit false reports of abuse or misconduct.
Content Standards
We are under no obligation to verify the accuracy of the Content and We do not warrant the usefulness, accuracy, completeness or relevance of the Content. We expressly exclude any and all liability for errors or omissions in relation to the Content and this Website. An exception to this is where there has been an act of fraud or fraudulent misrepresentation on Our part, or is related to death or physical injury resulting from Our negligence.
The Content does not in any way constitute the provision of recruitment services or any other type of service. The Company expressly disclaims any and all liability for any decisions You may have made based on the Content.
Website User Generated Contributions
This Website may invite You to post, comment, connect to third parties via message, and other functionality, and may provide You with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast Content and materials to Us or on this Website, including but not limited to text, writings, comments, suggestions, or personal information or other material (collectively, “Contributions”).
Contributions may be viewable by other Website Users of this Website and through third-party websites. As such, any Contributions You transmit may be treated as non-confidential and non-proprietary. When You create or make available any Contributions, You thereby represent and warrant that:
- Your Contributions, in their entirety comply with all applicable federal, state, local, and international laws and regulations;
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of Your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize Us, this Website, and other Website Users of this Website to use Your Contributions in any manner contemplated by this Website and the Agreement;
- You have the written consent, release, and permission of each and every identifiable individual person in Your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your Contributions in any manner contemplated by this Website and the Agreement;
- Your Contributions are not false, inaccurate, or misleading;
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by Us, in Our sole discretion);
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
- Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
- Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap; or
- Your Contributions do not otherwise violate, or link to material that violates, any provision of the Agreement, or any applicable law or regulation.
Any use of this Website in violation of the foregoing violates the Agreement and may result in, among other things, termination or suspension of Your rights to use this Website.
Contribution License
By posting Your Contributions to any part of this Website, You automatically grant, and You represent and warrant that You have the right to grant, to Us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, Your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes Our use of Your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images You provide. You waive all moral rights in Your Contributions, and You warrant that moral rights have not otherwise been asserted in Your Contributions.
We do not assert any ownership over Your Contributions. You retain full ownership of all of Your Contributions and any intellectual property rights or other proprietary rights associated with Your Contributions. We are not liable for any statements or representations in Your Contributions provided by You in any area on this Website.
You are solely responsible for Your Contributions to this Website and You expressly agree to exonerate Us from any and all responsibility and to refrain from any legal action against Us regarding Your Contributions.
We have the right, in Our sole discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on this Website; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor Your Contributions.
Intellectual Property
This Website and its entire Contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Agreement permits You to use this Website for Your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on this Website.
You must not:
- Modify copies of any materials from this Website;
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompany text;
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website; or
- Reproduce, copy, distribute, store or in any other fashion re-use material from this Website unless otherwise indicated on this Website or unless given express written permission to do so by the Company.
Advertising Rules
We have rules regarding the Content and format of jobs posted on this Website. The purpose is to ensure that Website Users who search this Website get results which are presented accurately. Registered Users are able to create and publish advertisements and Events on this Website, however We may, at Our sole discretion remove any posted advertisement or job opening.
Posted Jobs
Website Users, employers, and recruiters need to be aware that the job board operates as a venue only and does not introduce or supply work-seekers to recruiters nor conversely. Thus We do not:
- Obtain sufficient information for potential recruiters to select a suitable work-seeker for the position which the recruiter seeks to fill;
- Obtain confirmation of the identity of a work-seeker or that they have the experience, training, qualifications or authorization to work in the position to be filled or that they wish to undertake the role to be filled;
- Take any steps to ensure the work-seeker and recruiter are each aware of any requirement imposed by law or otherwise which must be satisfied by either of them to permit the work-seeker to fulfil the position to be filled;
- Take any steps to ensure that it would not be detrimental to the interests of the work-seeker or the recruiter for the work-seeker to fulfil the position to be fulfilled;
- Give any indication to recruiters whether work-seekers are unsuitable (or suitable) for any position to be filled in any circumstances;
- Propose work-seekers to recruiters or provide any information about them;
- Take up any references in relation to a work-seeker; or
- Make any arrangements for accommodation of work-seekers. Therefore, We do not propose or introduce work-seekers to recruiters or vice versa.
It is recommended that, if You are a work-seeker You undertake steps to ensure Your suitability for the role advertised or, if You are a recruiter or employer, to ensure a work-seekers suitability for the role. Including but not limited to checking the identity of the recruiter or employer, risks to health and safety, experience, training, qualifications and authorization.
The Company makes no warranty or representation that this Website will meet Your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, or that all information provided will be accurate. We make no guarantee of any specific results from the use of this Website.
No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
Responses to Advertisements
We do not guarantee any response to Your advertisement or that responses will be from individuals suitable for the job advertised. As a Registered User, it is Your responsibility to carry out such checks and procedures as are necessary to ensure that candidates are suitable for the job advertised and have the required qualifications and personal characteristics.
Events
The Company is not the creator, Organizer or owner of any Events listed on this Website. Rather, We allow Organizers to advertise and promote their Events. The Organizer is solely responsible for ensuring that any page displaying an Event on this Website meets all applicable federal, state, local, and international laws and regulations, and that the details described on the Event post are delivered as described and in an accurate and satisfactory manner.
You acknowledge that the Company has no control over and does not guarantee the quality, safety, accuracy or legality of any Event or Content associated with an Event, the truth or accuracy of any information provided (including the personal information shared with Organizers in connection with Events).
The Company has no responsibility to You for, and hereby disclaims all liability arising from, the acts or omissions of any third parties that the Company allows to post Events, that You choose to contact or engage with when using this Website. You understand and agree that some Events may carry inherent risk, and by participating in those Events, You choose to assume those risks voluntarily.
Links to this Website
You may link to Our homepage, https://www.jobs4cnas.com, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Our part without Our express written consent.
Links to Other Websites
If this Website contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the Contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to this Website, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding this Website (“Submissions”) provided by You to Us are non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to You.
You hereby waive all moral rights to any such Submissions, and You hereby warrant that any such Submissions are original with You or that You have the right to submit such Submissions. You agree there shall be no recourse against Us for any alleged or actual infringement or misappropriation of any proprietary right in Your Submissions.
Disclaimers
Your use of this Website, its Content, and any Services or items obtained through this Website is at Your own risk. This Website, its Content, and any Services or items obtained through this Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of this Website. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that this Website, its Content, or any Services or items obtained through this Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that this Website or the server that makes it available are free of viruses or other harmful components, or that this Website or any Services or items obtained through this Website will otherwise meet Your needs or expectations.
Limitation of Liability
To the fullest extent provided by law, in no event will the Company, its affiliates, or their licensors, Service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with Your use, or inability to use, this Website, any websites linked to it, any Content on this Website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort, breach of contract, or otherwise, even if foreseeable.
The limitation of liability set out above does not apply to liability resulting from Our gross negligence or willful misconduct.
Indemnification
You agree to defend, indemnify, and hold Us harmless, including Our subsidiaries, affiliates, and all of Our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) Your Contributions; (2) use of this Website; (3) breach of the Agreement; (4) breach of any representations and warranties set forth in the Agreement; (5) violation of the rights of a third party, including but not limited to intellectual property rights; or (6) overt harmful acts toward any other Website User of this Website with whom You connected via this Website.
Notwithstanding the foregoing, We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate, at Your expense, with Our defense of such claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Waiver and Severability
No waiver by the Company of any term or condition set out in the Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under the Agreement shall not constitute a waiver of such right or provision.
If any provision of the Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
Previous Terms and Conditions
In the event of any conflict between the Agreement and any prior versions thereof, the provisions of the Agreement shall prevail unless it is expressly stated otherwise.
Your Comments and Concerns
This Website is operated by the Company.
All feedback, comments, requests for technical support, and other communications relating to this Website should be directed to Our contact form.
Arbitration Clause
Any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The arbitration shall be governed by the laws of the State of Nebraska, each party shall bear its own costs and expenses and an equal share of the arbitrators and administrative fees of arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Governing Law and Jurisdiction
All matters relating to this Website and the Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Nebraska without giving effect to any choice or conflict of law provision.
