GetCareJobs.com Terms of Use

Effective: March 26th, 2020

These “Terms of Use” (these “Terms” or this “Agreement”) establish(es) the terms and conditions under which individuals may use GetCareJobs.com’s products, services, software, applications, and websites (referred to as “GetCareJobs.com’s Services” or “Services” as described below).

General Provisions

For purposes of these Terms, the “Site” shall mean www.GetCareJobs.com and any other GetCareJobs.com branded websites, web pages, mobile applications and mobile websites operated by HC Technology LLC d/b/a GetCareJobs.com. The “Services” shall mean any of the various services described below under the heading “Overview of Services”, as may be modified from time to time, except as limited under the heading “Limitations on the Services,” that GetCareJobs.com provides through the Site or any other channels, including over the telephone.  GetCareJobs.com may be referred to in these Terms as “we” or “us.”  The terms “you” and “your” include any individual who accesses the Site or the Services and, when applicable in the case of an entity seeking additional care-giving support (“Care Seeker”), a limited liability company, corporation, or other legal entity.

Please read these Terms before using the Site or the Services.  By scrolling to the bottom of this page and clicking “I agree,” or by accessing or using the Site, you hereby represent, warrant, and understand that you agree to and accept these Terms in their entirety whether or not you register as a user of the Site or Services.  If you object to anything in these Terms or the Privacy Policy, or otherwise do not understand or agree to be bound by these Terms or the Privacy Policy, do not access or use the Site or Services and exit immediately.

We may change these Terms by notifying you of such changes by any reasonable means, including by posting revised Terms through the Site.  Any such changes will not apply to any claim brought prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes.  Your access to, or use of, the Site following any changes to these Terms will constitute your acceptance of such changes.  We may, at any time and without liability, modify or discontinue all or part of the Site; charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.

These Terms contain an Arbitration Agreement, which will, with limited exception, require a user to submit claims against us to binding and final arbitration. A site user who does not wish to agree to arbitration must opt out of arbitration within 30 days after the date the user accepts these terms for the first time. Failure to opt out means in part that: (1) you will only be permitted to pursue claims against GetCareJobs.com in arbitration on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. If you do not opt out of arbitration both you and GetCareJobs.com consent to arbitration of covered claims.

Table of Contents

The Terms address the following subject matters:

  • Overview of Services
  • Limitations on the Services
  • Eligibility to Use the Site and Services, Account Set-Up, Termination
  • General Guidelines for Using GetCareJobs.com’s Services
  • Rules for User Conduct and Use of Services
  • Personal Information of Care Providers
  • Payment Policy
  • Disclaimers; Limitations; Waivers; Indemnification
  • Miscellaneous Provisions

Overview of services

GetCareJobs.com is an online platform that offers various Services to individuals who provide or want to be engaged to provide non-medical care to Care Seekers (“Care Providers”) and individuals who are seeking to use Care Providers to provide care services (“Care Seekers”).  These services including, for example:  (i) helping Care Providers find opportunities with Care Seekers by posting Care Seeker opportunities and Care Provider profiles to the Site to connect interested Care Seekers with interested Care Providers; and (ii) helping Care Seekers find qualified Care Providers by providing Care Seekers with access to our list of Care Providers.  GetCareJobs.com may advertise on the Site certain employment opportunities and post other job-related contents, including links to third-party websites through search results or otherwise through the Site.  These advertisements are created and provided by third parties over whom GetCareJobs.com exercises no control. You acknowledge and understand that GetCareJobs.com has no control over the content of such advertisements or links to such advertisements.

The Site provides a number of tools and features as part of the Services, such as:

  • Enhanced search capabilities: Search tools and functionality that allow Care Seekers and individual Care Providers to narrow the pool of Care Seekers or Care Providers they are interested in working with based on their needs and preferences, including a directory that enables Care Seekers to search for Care Providers based on custom criteria including, location, experience, and skill sets.
  • com Advisor: We provide access to our GetCareJobs.com Advisor team.  This team assists Care Seekers and Care Providers to set up their accounts and post reviews.  Our GetCareJobs.com Advisor team members are available to assist with technical or administrative matters only.  They do not provide advice or make recommendations of any kind regarding care-related matters, such as the selection or qualifications of any Care Seeker or Care Provider.  That’s up to you.
  • Enhanced information resources: We provide tools and information to help Care Seekers make informed decisions about whether to engage any individual as a Care Provider, such as access to resumes, references, and profiles of Care Providers.
  • Messaging: com may send users SMS text messages in connection with the Services or otherwise. Receipt of the SMS text messages from GetCareJobs.com is voluntary. By deciding to receive SMS text messages from GetCareJobs.com, you give GetCareJobs.com express permission to send SMS text messages to your cellular phone and/or mobile device.  Standard rate and carrier charges may apply for receiving SMS text messages. You are solely responsible for any costs you incur when you receive SMS text messages from GetCareJobs.com.

GetCareJobs.com reserves the right to discontinue any or all of the existing services or introduce new services at any time for any reason.

GetCareJobs.com is not the employer of the Care Providers it refers to are Seeker.  It also is not an employment placement agency.  The Care Provider may be the Care Seeker’s employee or independent contractor depending on the relationship established between them without the involvement of GetCareJob.com.

Limitations on the Services

Our Services are intended to offer a platform to connect Care Seekers with Care Providers.  GetCareJobs.com may operate one or more mobile applications providing similar functionality via mobile devices.  Neither the GetCareJobs.com nor its mobile application is intended to allow individuals to find care for themselves or loved ones, and use of GetCareJobs.com or its mobile application in that manner is prohibited.  The Site also is intended to allow Care Providers to search for open positions with Care Seekers.  Our platform supports facility-based care arrangements by empowering health care facilities to manage their care needs.  We are not a provider of care.  We do not employ, monitor or supervise Care Providers.  Except as set forth below, Care Seekers are potential employers of Care Providers and are solely responsible for compliance with any and all applicable laws in connection with any employment relationship they establish with Care Providers, including but not limited to unemployment, workers compensation, work authorization, payroll, tax, minimum wage, overtime, benefits, insurance and any other applicable laws.  To the extent you are an employer or hold yourself out to be an employer, you are not an individual hiring for care of yourself or a loved one.

GetCareJobs.com will not evaluate compliance with any term or condition relating to a Care Provider’s performance of services for a Care Seeker.  GetCareJobs.com’s functions are in all respects ministerial and administrative, through the Site and Services, on behalf of and in support of the parties to an employment or independent contractor.

As between a Care Provider and GetCareJobs.com, the Care Provider will be solely responsible for providing any and all tools, supplies, equipment, transportation and insurance for the Care Provider (including, but not limited to, health, life and disability) that the Care Provider elects to maintain, and for all expenses the Care Provider incurs in connection the performance of services, e.g., fuel, repairs and motor vehicle insurance, expenses of any equipment used to provide care services (e.g., gloves).  GetCareJobs.com has no obligation to reimburse a Care Provider for any expenses of any kind or nature, to provide a Care Provider with any tools, equipment, supplies or transportation, or to assist a Care Provider in any way in a Care Provider’s performance of services.  A Care Provider also will be solely responsible for obtaining and maintaining any licenses or certificates that are required by law to provide the Care Provider’s services.  To the extent that an applicable law bars GetCareJobs.com from referring a Care Provider that has failed to maintain any required license or credential and/or take any other action with respect to such Care Provider, GetCareJobs.com will comply with that law and cease such referrals.

GetCareJobs.com also does not (a) provide any medical, diagnostic, assessment, treatment or clinical service; or (b) engage in any conduct that requires a professional license; and/or that constitutes the providing of health care.

Care Seekers ultimately are solely responsible for verifying the credentials of each Care Provider they deem acceptable before hiring or engaging them, and for ascertaining their compliance with local, state and federal laws.  Any issues concerning the foregoing must be resolved directly between the Care Seeker and the individual Care Provider.

IMPORTANT:  Any screening of a Care Seeker or Care Provider and his, her or its information by GetCareJobs.com is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability as an employer or care provider, or an entity’s willingness or ability to pay for any services provided by a Care Provider.  Care Seekers are solely responsible for interviewing, and performing verification checks on, confirming work authorization/I-9 of, verifying licensure and/or other information provided by, and selecting a Care Provider.  Each Care Seeker is also responsible for complying with all applicable tax, employment and other laws in connection with any employment relationship they potentially may establish with the Care Provider, including verifying the Care Provider’s age and eligibility to work in the U.S.

Eligibility to Use the Site and Services, Account Set-Up, Termination

To be eligible to use our Services, you must meet the following criteria:

  • You are eighteen (18) years of age or older. If you do not meet this age requirement, do not register to use the Site or Services.  This Site is not directed to children under 13 years old;
  • Care Providers must be permitted to legally work within the United States;
  • You are not an excluded provider under any state or federal healthcare program;
  • You are not listed on an abuse registry;
  • You have not been the subject of a restraining order or any other legal action for which you were not completely exonerated involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others;
  • You have not been convicted of a crime involving any sexual abuse, child abuse or domestic violence; and
  • You have not been and/or are not currently required to register as a sex offender in any jurisdiction or with any government entity.

By registering or using the Services, you represent, acknowledge and warrant that you (a) have met the applicable eligibility requirements above, and (b) have the right, authority and capacity to enter into these Terms for yourself or on behalf of another, and (c) commit to abide by all of these Terms, as applicable.

Creating an Account: Visitors to the Site may browse it in accordance with these Terms, but will not have access to some of the Services without first becoming a registered user that either is a Care Provider (individual) or Care Seeker (entity).  To become a registered user, you will be required to create a unique user ID and password, along with other authentication requirements that may be required (collectively “Account Credentials”).  You promise that all information you provide to us is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete.  You may not transfer or share your Account Credentials with any third parties, and you are solely responsible for maintaining the confidentiality of your Account Credentials.  You acknowledge and agree that we rely on Account Credentials to know whether users accessing the Site and using our Services are authorized to do so.  You are solely responsible for any and all use of your Account Credentials and account and all activities that occur under or in connection with your Account Credentials or account.  You agree to be responsible for any act or omission of any users that access the Site or Services under your Account Credentials.  You agree not to register for more than one account and not to register for an account on behalf of any group (except for legal entities related to a Care Seeker).  If you are creating an account on behalf of a third party, you represent that you have the legal authority to represent such third party and bind the third party to these Terms.  For illustration purposes only, if you are creating a Care Seeker account on behalf of an entity, you represent that the entity has provided you with proper authority to act on its behalf and that the entity will abide by these Terms.

Termination of Use or Registration.  Should GetCareJobs.com determine that you are not eligible to use the Services, have violated any Terms stated herein, are not suitable for participation as a registered user, or have misused or misappropriated Site content, including but not limited to use on a “mirrored,” competitive, or third-party site, or for any other reason, GetCareJobs.com reserves the right, at its sole discretion, to immediately terminate your access to all or part of the Site, to remove from the Site your profile and/or any content posted by or about you, and/or to terminate your registration in GetCareJobs.com, with or without notice. Users who are verbally or physically abusive will be removed from the GetCareJobs.com platform.

In any event, GetCareJobs.com also reserves the right, in its sole discretion, to terminate your access to all or part of the GetCareJobs.com Site, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in GetCareJobs.com, for any reason or no reason, with or without notice.  If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination, except to the extent required by applicable law.

Following any termination of any individual’s use of the Site or the Services, GetCareJobs.com reserves the right to send a notice thereof to other registered users with whom we believe the individual has corresponded.  GetCareJobs.com will not, and has neither the right nor the power to, terminate any care arrangement in which you are involved, as a Care Provider or Care Seeker.

Our decision to terminate an individual’s registration and/or to notify other registered users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as, information bearing on, the individual’s character, general reputation, personal characteristics, or mode of living.

General Guidelines of Using GetCareJobs.comThe following guidelines establish basic rules of conduct for Care Providers and Care Seekers must follow when using the Site and the Services.  Any failure to follow these guidelines could result in termination of a user’s use of the Site for Services.

  • Care Seekers, including their personnel, being verbally or physically abusive to Care Providers may be removed from the GetCareJobs.com platform.
  • You must have a valid email address to use GetCareJobs.com.
  • You understand that all calls to and from GetCareJobs.com may be monitored or recorded for quality and training purposes. You consent to such monitoring and recording.
  • com is not responsible for scheduling or training of Care Providers hired by Care Seekers through our platform; this is the responsibility of the Care Seeker.

Rules for User Conduct and Use of Services

Exclusive Use.  If you are a Care Seeker, you may use your account only to find Care Providers for a facility or agency for which you have the legal authority to make hiring decisions.  If you are a Care Provider, you may use your account only to locate care opportunities for yourself from Care Seekers.  Care Seekers and Care Providers are responsible for all of their respective activity on the Site and use of their accounts.  Care Seekers and Care Providers may not assign or otherwise transfer their accounts to any other person or entity.

If you are a Care Provider, as a condition to your using the Site and Services, you represent and affirm:

  • That you understand that GetCareJobs.com is a technology-enhanced venue to connect those seeking caregiving jobs with those who have caregiving job openings; and that it is not engaged in providing any care services, or any other services except for the services described in these Terms;
  • That you do not rely solely on the Site and Services for gaining access to client opportunities, but that you also market your services through other channels;
  • That you do not seek employment, or an independent contractor relationship, with com and understand that you are not an employee or independent contractor of GetCareJobs.com;
  • That you are not eligible for unemployment compensation, or any other, benefits through your relationship with com;
  • That you are responsible for paying all taxes and for filing all tax returns with respect to all income you derive from performing services for Care Seekers you connect with through com;
  • That you or your employer are solely responsible for any work-related injuries to yourself and for complying with any State laws related to such injuries;
  • That you understand that com is not your employer for purposes of health coverage and that you will not receive an offer of health care coverage from GetCareJobs.com;
  • That you understand that any fees and/or reimbursements you receive for performing services for a Care Seeker is a payment made by or on behalf of the Care Seeker, and not by GetCareJobs.com;
  • That you will not knowingly, willfully, or negligently accept any opportunity presented pursuant to the Site and Services if such opportunity would require professional credentials you do not possess, or be in violation of any applicable law, ordinance, or duty, contractual or otherwise, that you owe to a third party;
  • That you will promptly notify GetCareJobs.com if any component of your login credentials is lost, stolen, or otherwise compromised; and
  • That you acknowledge that GetCareJobs.com relies on the truthfulness of these representations and affirmations in determining your eligibility to use the Site and Services.

If you are a Care Seeker, as a condition to your using the Site and Services, you represent and affirm:

  • That you understand that GetCareJobs.com is a technology-enhanced venue to connect those seeking caregiving jobs with those who have caregiving job openings;
  • That GetCareJobs.com is not engaged in providing any care services, or any other services except for the services described in these Terms;
  • That you understand that com is not the Care Provider’s employer;
  • That GetCareJobs.com is not a joint or co-employer of yours with respect to any Care Provider you connect with through GetCareJobs.com;
  • That you are responsible for paying all taxes and for filing all tax returns with respect to all pay provided to Care Providers you connect with through com;
  • That you and not GetCareJobs.com could be or are responsible for any work-related injuries to a Care Provider you connect with through com
  • That you are solely responsible for complying with any State laws related to work-related injuries to a Care Provider you connect with through com;
  • That you are responsible for your own profit and loss;
  • That you do not seek a partnership or any actual or implied agency relationship with com;
  • That you will not knowingly, willfully, or negligently offer or hire an individual seeking a caregiving job that would be in violation of any applicable law, ordinance, or duty, contractual or otherwise, that you owe to a third party;
  • That you will promptly notify GetCareJobs.com if any component of your login credentials is lost, stolen, or otherwise compromised; and
  • That you acknowledge that GetCareJobs.com relies on the truthfulness of these representations and affirmations in determining your eligibility to use the Site and Services.

Content Restrictions.  The following rules pertain to “Content,” defined as 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 you or other users publish, display, enter, post, upload, or transmit onto or through the Site or GetCareJobs.com’s Services (hereinafter, “post”).  By posting any Content while using our Service, you agree, represent and warrant as follows:

  • You are responsible for providing truthful, 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;
  • All Content you post will be in English as the Site and Services are not currently supported in any other languages;
  • You will only post Content that you intend to appear on the publicly accessible Site or Services, unless otherwise indicated;
  • You are solely responsible for any Content that you post on the Site, including transmission to other users of the Site. You will not post on the Site, including transmission to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, religiously, or otherwise objectionable, offensive 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, misuse of medical information, or computer misuse, or give the impression or suggest that any Content emanates from GetCareJobs.com.
  • You have the right and authority to post all information you post about yourself or others, including without limitation that you have valid authorization from a parent or guardian of any minor who is the subject of any Content you post to post such Content;
  • com is not obligated to, but retains the right and may at any time, review and delete any Content, in each case in whole or in part, that in the sole judgment of GetCareJobs.com violates these Terms or might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others;
  • You have the right to, and hereby grant to GetCareJobs.com, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. you further represent and warrant that public posting and use of your Content (except for personally identifying information and protected health information as defined by the Health Insurance Portability and Accountability Act of 1996) by GetCareJobs.com will not infringe or violate the rights of any third party;
  • 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 and regulations;
  • com is not responsible for any claims resulting from any Content provided by users of the Site or Services, including any Content that is inaccurate, untimely or incomplete;
  • Content posted by users, and not directly by GetCareJobs.com, is that of the respective authors. Such authors are solely responsible for such Content.  com does not:  (i) guarantee the accuracy, completeness, or usefulness of any Content 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; and
  • Under no circumstances will GetCareJobs.com or its affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other Content posted; or b) reviews or comments made about you on the Site by other users.  You may not terminate your registration and re-register in order to prevent a review from being associated with your account.  The author of a review can always remove or request removal of a review they have written.

Prohibited Uses.  By using the Site or Services of GetCareJobs.com, you agree that you will not under any circumstances:

  • Use the Site, Services, or any information or Content contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • Use the Site or Services for any unlawful purpose, or for the promotion of illegal activities;
  • Harass, abuse or harm another person or group, or attempt to do the same;
  • Use another user’s GetCareJobs.com account;
  • Provide false or inaccurate information when registering an account on GetCareJobs.com, using the Services, or communicating with other Registered Users;
  • Attempt to re-register with GetCareJobs.com if we have terminated your account, or terminate your registration and re-register in order to prevent a review from being associated with your account;
  • Interfere or attempt to interfere with the proper functioning of GetCareJobs.com’s Services, including without limitation the operation of the Site;
  • Make any automated use of the Site or the Services, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • Bypass any robot exclusion headers or other measures we take to restrict access to the Site or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data;
  • Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
  • Take any action that would undermine any aspect of the Site or Application;
  • Attempt to gain unauthorized access to the Site or Application, other User accounts, or other device, computer system or networks connected to the Site or Application;
  • Advertise or offer to sell any goods or services for any commercial purpose on the Site or through the Application that are not appropriate or relevant to the Site or Application;
  • Post the same content repeatedly or spam – spamming is strictly prohibited;
  • Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Site or Application;
  • Conduct or forward pyramid schemes, chain letters, surveys or contests on or through the Site;
  • Use the communication systems provided by, or contacts made on, GetCareJobs.com for any commercial solicitation purposes other than those relating to seeking a care providing referral; or
  • Publish or link to malicious content including without limitation any malware, viruses, Trojan horses, worms, time bombs, cancelbots, 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 another user’s browser or computer or access to the Services.

In order to protect our users from prohibited activity, we reserve the right to take appropriate actions.  Should GetCareJobs.com find that you violated these Terms, or for any reason, GetCareJobs.com reserves the right, at its sole discretion, to immediately terminate your access and/or use of the Site and Services.

Further, in order to protect the integrity of the Site and the Services, GetCareJobs.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.  It shall be a violation of these Terms to use any browser or technology which alters, conceals, or hides your IP address.

Personal Information Of Care Providers

Text Messages.  By providing us with your mobile phone number through the Site or otherwise, you expressly consent to accept and receive communications from us, via text messages, telephone calls, and push notifications to the mobile phone number you provide to us. Standard text messaging and/or phone charges applied by your mobile phone carrier will apply to our text messages and telephone calls. Your express consent to receive text messages includes text messages transmitted by automated means, sent by or on behalf of GetCareJobs.com and/or its affiliated companies.  Such text messages will contain information concerning the administration of your prospective or existing contractual relationship with GetCareJobs.com.

If a mobile phone number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your mobile phone account to be contacted by us as described in this Section.

You agree that all consents provided in this Section will continue unless you inform us by reasonable means that you revoke your consent. You may revoke your consent for us to send you automated text messages at any time by replying with the word “STOP” to a text message from us.  You also may revoke your consent by contacting us using the contact information provided below.  However, you acknowledge that opting out of receiving automated text messages may impact your ability to connect with Care Seekers or Care Providers through GetCareJobs.com.

Location Information.  GetCareJobs.com collects location information from Care Providers to help us provide quality service to Care Seekers.  In particular, we may collect the precise location of your mobile device (latitude and longitude) when the GetCareJobs.com app is running in the foreground or background of your mobile device. We use your location information to help us market our services, for example, by connecting you with Care Seekers in your geographic area, and providing you with directions to your assigned Care Seeker shortly before your shift. If you choose to disable the location feature through the settings on your mobile device or browser, GetCareJobs.com will not receive precise location information from your device, which may interfere with the efficient function of our business.

User Information.  GetCareJobs.com will use your information in accordance with its Privacy Policy, which is located on GetCareJobs.com and may be modified from time to time. You agree and acknowledge that GetCareJobs.com acts as nothing more than a passive conduit for your information and you are solely responsible for your information. Your information, including without limitation in connection with registration and your profile, is self-reported and you understand and agree that GetCareJobs.com does not independently verify that any or all of the User Information is accurate, timely or complete.  By accepting this Agreement and/or making any use of GetCareJobs.com Services, you hereby (i) agree and acknowledge that any information, content or data submitted by you into GetCareJobs.com software platform, including without limitation, first and last name, email and resume data (collectively, “Submitted Information”), may be used by GetCareJobs.com to perform services and/or to send commercial and/or other types of email to you in connection with providing GetCareJobs.com services and/or advertising other products or services to you, (ii) agree and acknowledge that Submitted Information may also be provided or sold to third parties to either assist GetCareJobs.com in providing services to you or to allow any such third party to either send commercial and/or advertising emails to you or to assist third party advertisers in sending commercial and/or advertising emails and/or promotions to you, and (iii) consent and opt-in to receiving commercial emails from GetCareJobs.com and to the transfer by GetCareJobs.com of any such commercial emailing rights to one or more third parties to allow such third parties to send promotional, commercial and/or advertising emails or other communications to you. You may, at any time, elect to revoke the above-described consent and opt-in by sending an email to support@GetCareJobs.com and including “Opt Out” in the Subject line. GetCareJobs.com is not responsible for the usage of data or the result of strategies implemented due to the usage of data.

Payment Policy

You agree to pay to GetCareJobs.com any fees for each product or service you purchase or use, in accordance with the pricing and payment terms in your Agreement. Services are billed via credit card unless mutually agreed in writing between you and GetCareJobs.com. You are responsible for ensuring that the credit card associated with your account is up to date and that you are authorized to use that credit card.  GetCareJobs.com reserves the right to implement fraud-protection measures including, without limitation, temporarily charging small amounts to your credit card to determine that it is a valid credit card and you are authorized to use it. Fees paid by you are non-refundable, except as provided in these Terms or Use or when required by law. Some of our products may be billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles may be weekly, monthly or annual, depending on what subscription plan you select. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal.  You may cancel a non-contractual package within 72 hours notice of your renewal date, in which case your Subscription will continue until the end of that billing cycle before terminating.  All cancel notifications must be sent in writing via email to GetCareJobs.com.  Subscriptions paid monthly or subscriptions paid annually with a 12-month contractual period can be cancelled in the event of bankruptcy, but cannot be cancelled under any other circumstance.  GetCareJobs.com may change the fees charged for the services at any time, provided that, for services billed on a subscription basis, the change will become effective only at the end of the contractual period. For services without a contractual agreement, fees can be changed at any time and reasonable notice will be given prior to the implementation of the new fees. Upon registration for a paid subscription or any other purchase at the Site or through the Application, you agree to pay GetCareJobs.com at the prices then in effect, and you authorize GetCareJobs.com to charge your chosen credit card or other payment provider in connection therewith. GetCareJobs.com reserves the right to correct any payment errors even if it has already requested and/or received payment. While use of GetCareJobs.com may be free for individual Care Providers, GetCareJobs.com may elect, at its discretion, to begin charging fees for use of various portions of the GetCareJobs.com.

GetCareJobs.com may use third party payment processing services to process credit card information. While GetCareJobs.com will use commercially reasonable efforts to protect the privacy of all personal and financial information, GetCareJobs.com expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to GetCareJobs.com’s use of third party payment processing services, including without limitation for any damage that may result should any such information be released to any third parties. For further information about GetCareJobs.com’s use of payment processing services, please contact your GetCareJobs.com at support@GetCareJobs.com.

Disclaimers; Limitations; Waivers; Indemnification

Site Content.  The Services made available on this Site, and any information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is” and without any warranties of any kind, 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 Services, but not directly by GetCareJobs.com, are those of their respective authors, and should not necessarily be relied upon.  Such authors are solely responsible for such content.

Care Seeker and Care Provider content is primarily generated by information provided by the users, and we do not control or vet the content for accuracy as a general matter.  GetCareJobs.com does not assume any responsibility for the accuracy or reliability of any information provided by Care Providers or Care Seekers on or off this Site.  We may offer certain registered users the opportunity to verify certain information such as their email address.  If we indicate that a registered user has verified certain information, it means that the user has complied with the process we have established for verifying such information.  However, we do not guarantee, represent, or warrant the accuracy of such information.

Additionally, GetCareJobs.com does not warrant—and specifically disclaims—that any applicant appearing on this site or provided from the site and sent directly into an employer applicant tracking system has consented to be called or that their phone number is current and up to date.  This venue is being presented on an “as is” basis.  Employers, recruiters and any other users of this site are solely responsible for obtaining the permissions necessary under state and federal law to contact any applicant.

Disputes Between Care Seekers and Care Providers.  We are not a provider of any care and are not an employer of Care Providers.  Care Providers operate independently of GetCareJobs.com and are not under our control.  Care Seekers may seek a Care Provider through the use of the Site or Services, and Care Providers may post profiles and submit proposals to Care Seekers regarding their services.  If a Care Seeker agrees on the provision of services from a Care Provider we identify through our Services, such agreement is solely between the Care Seeker and the Care Provider; GetCareJobs.com is not a party to any such agreement.  Any issues concerning the conduct of a Care Seeker or Care Provider including, without limitation, the services received by the Care Seeker or payment due to the Care Provider, must be resolved directly by and between the Care Seeker and the Care Provider.  GetCareJobs.com will not be held responsible, and expressly disclaims any liability whatsoever, for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues.  By using this Site or our Services, you do hereby represent, understand, and expressly agree to hold GetCareJobs.com harmless for any claim or controversy that may arise from any dispute between you and any Care Seeker, Care Provider or other user(s) of the Site.  You agree to take reasonable precautions in all interactions with Care Seekers, Care Providers or other users of the Site or the Services, particularly if you decide to meet offline.  By using the Site or the Services, you do hereby agree to report any alleged improprieties of any users therein to GetCareJobs.com immediately by notifying GetCareJobs.com of the same via electronic correspondence.

Limitation of Liability Incidental Damages and Aggregate Liability.  In no event will GetCareJobs.com be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if GetCareJobs.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

UNDER NO CIRCUMSTANCES WILL GETCAREJOBS.COM’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION(S) WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE AMOUNT OF $1,000.00. 

This limitation of liability shall be construed broadly, and shall specifically include, without limitation, claims based upon negligence, claims arising out of the termination of any user’s account, claims based upon a determination of a user’s ineligibility to use the Site or the Services (including claims arising under the Fair Credit Reporting Act), but shall not apply to intentional misconduct or claims for personal injuries.

Indemnification. 

  1. By agreeing to these Terms, you agree to defend, indemnify, and hold GetCareJobs.com, including its affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders, 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 Site and/or participation in the Services, including but not limited to: (1) your breach of these Terms; (2) your violation of any law or the rights of a third party as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through GetCareJobs.com or to us infringe or otherwise violate 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 Site and Services.  This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
  2. No registered user has actual or apparent authority to sign agreements on behalf of GetCareJobs.com or bind GetCareJobs.com into a contract.  You hereby agree to promptly defend against any losses, claims, damages, liabilities or expenses connected with the Site and/or the Services, but will not settle without consulting GetCareJobs.com and obtaining its prior written consent.  You will allow GetCareJobs.com to participate, through separate counsel, in the defense of any such loss, claim or other action.  You and GetCareJobs.com expressly agree that this is not an employment agreement and does not create an employment relationship between any registered User and GetCareJobs.com; and that no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement.  Registered users have no authority to bind GetCareJobs.com, and you undertake not to hold yourself out as an employee, agent or authorized representative of GetCareJobs.com.

Feedback.  At your discretion, you may provide feedback and related materials to GetCareJobs.com concerning the functionality and performance of the Site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, provide any Feedback, you hereby grant to GetCareJobs.com a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. You agree that GetCareJobs.com may disclose any or all Feedback to any third party in any manner, and you agree that GetCareJobs.com may sublicense any or all Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and will not place GetCareJobs.com under any fiduciary, confidentiality or other obligation, and that we are free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any Feedback, GetCareJobs.com does not waive any rights to use similar or related ideas previously known to GetCareJobs.com, or developed by its employees, or obtained from sources other than you.

Miscellaneous Provisions

Entire Agreement.  These Terms of Use supersede any and all prior Terms of Use, agreements and understandings, oral or written, express or implied.  This is a merger clause for purposes of the parol evidence rule, and is intended to completely integrate the entirety of the agreement between you and us.

Age Restrictions.  GetCareJobs.com will not knowingly collect any information from individuals under 18.  This Site is not directed to children under 13 years old.  You must identify your age during the registration process, and we do not assume any responsibility for any misrepresentations regarding your age when using this Site.  Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated immediately.

Copyright Notices/Complaints. 

Notices.  You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site or Services are: (a) copyrighted by us and/or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors.  The Site or Services may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors.  You must abide by all copyright notices, information, or restrictions contained in or attached to the Site or Services.  Nothing in these Terms grant you any right to make or receive delivery of a copy of the Site or Services or to obtain access to our Site or Services except as generally and ordinarily permitted through the Site according to these Terms.  Furthermore, nothing in these Terms will be deemed to grant, by implication, estoppel or otherwise, a license to our Site or Services.  Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, trade names, service marks or logos (“Marks”) of GetCareJobs.com, our affiliates or other entities.  You are not authorized to use any such Marks.  Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.  Any use of third party software provided in connection with the Site or Services will be governed by such third parties’ licenses and not by these Terms.

Complaints.  It is GetCareJobs.com’s policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”).  If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting GetCareJobs.com’s copyright agent (identified below) and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  • Your name, address, telephone number and (if available) email address.
  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

GetCareJobs.com’s agent for copyright issues relating to this Site is as follows: Copyright Agent, Legal Department, GetCareJobs.com, 707 East Market Street, Unit C, Louisville, Kentucky 40202 and 1-888-503-4376.

In an effort to protect the rights of copyright owners, GetCareJobs.com maintains a policy for the termination, in appropriate circumstances, of registered users and other users of this Site who are repeat infringers.

Governing Law and Jurisdiction.  These Terms, and any dispute between you and GetCareJobs.com, shall be governed by the laws of the Commonwealth of Kentucky without regard to principles of conflicts of law, provided that the Federal Arbitration Act shall govern the Arbitration provision below.

U.S. Export Controls. GetCareJobs.com is subject to United States export controls. No part of GetCareJobs.com may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using GetCareJobs.com, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Arbitration Agreement. Important Note Regarding this Arbitration Agreement:

  • Except as provided below, arbitration does not limit or affect the legal claims you may bring against GetCareJobs.com. Agreeing to arbitration only affects where any such claims may be brought and how and by whom they will be resolved.
  • Arbitration is a process of private dispute resolution that does not involve the civil court, a civil judge, or a jury. Instead, the parties’ dispute is decided by a private arbitrator selected by the parties using the process set forth herein. Other arbitration rules and procedures are also set forth herein.
  • IMPORTANT: This Arbitration Agreement will require you to resolve any covered legal claim that you may have against GetCareJobs.com on an individual basis, except as provided below, pursuant to the Arbitration Agreement, unless you choose to opt out of the Arbitration Agreement. Except as provided below, this Arbitration Agreement will preclude you from bringing any class, collective or representative action against GetCareJobs.com, and also precludes you from participating in or recovering relief under any current or future class, collective, or representative action brought against GetCareJobs.com by someone else.

WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD NOT RELY SOLELY UPON THE INFORMATION PROVIDED IN THIS ARBITRATION AGREEMENT AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS – INCLUDING BUT NOT LIMITED TO AN ATTORNEY – REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.

  1. Mediation. In an attempt to amicably resolve disputes before they go to arbitration, the parties agree that any otherwise arbitrable claim shall be mediated initially, and if mediation fails to result in a formal settlement of the dispute, then the parties shall proceed to final and binding arbitration. The statute of limitations shall be tolled during any mediation conducted pursuant to this Arbitration Agreement. The mediation shall be conducted by JAMS (www.jamsadr.com). GetCareJobs.com will pay the administrative and the mediator’s fees.
  2. Arbitration. This Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) and evidences a transaction involving interstate commerce. This Arbitration Agreement applies to any dispute arising out of or related to this Agreement or termination of this Agreement, and/or any other Agreement to which you may be or become a party (including any addenda to such agreements, if any, which may be incorporated by reference therein), and survives after this Agreement terminates. Nothing contained in this Arbitration Agreement shall be construed to prevent or excuse you from utilizing any informal procedure for resolution of complaints established in this Agreement (if any), and this Arbitration Agreement is not intended to be a substitute for the utilization of such procedures. Except as it otherwise provides, this Arbitration Agreement is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before any forum other than arbitration, with the exception of proceedings that must be exhausted under applicable law before pursuing a claim in a court of law or in any forum other than arbitration. Except as it otherwise provides, this Arbitration Agreement requires all such disputes to be resolved only by an arbitrator through final and binding arbitration on an individual basis only and not by way of court or jury trial, or by way of class, collective, or representative action.

Except as provided in Subsection vi. below, such disputes include without limitation disputes arising out of or relating to interpretation or application of this Arbitration Agreement, including the enforceability, revocability or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judge.

Except as it otherwise provides, this Arbitration Agreement also applies, without limitation, to all disputes between you and GetCareJobs.com as well as all disputes between you and GetCareJobs.com’s fiduciaries, administrators, officers, members, directors, affiliates, subsidiaries, parents, and all successors and assigns of any of them (each of whom is expressly made an intended third party beneficiary of this Agreement), including but not limited to any disputes arising out of or related to this Agreement and disputes, past, present or future, arising out of or related to your relationship with the GetCareJobs.com, how that relationship is classified, described or defined in this Agreement, and including termination of the relationship. This Arbitration Agreement also applies, without limitation, to disputes regarding privacy, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, termination, harassment and claims arising under the Fair Credit Reporting Act, Defend Trade Secrets Act, Title VII of the Civil Rights Act of 1964, Equal Pay Act, Rehabilitation Act, 42 U.S.C. § 1981, Civil Rights Acts of 1866 and 1871, the Civil Rights Act of 1991, the Pregnancy Discrimination Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for claims for employee benefits under any benefit plan sponsored by the Company and (a) covered by the Employee Retirement Income Security Act of 1974 or (b) funded by insurance), Affordable Care Act, Genetic Information Non-Discrimination Act, Uniformed Services Employment and Reemployment Rights Act, Worker Adjustment and Retraining Notification Act, Older Workers Benefits Protection Act of 1990, Occupational Safety and Health Act, Consolidated Omnibus Budget Reconciliation Act of 1985, False Claims Act, state or local statutes or regulations addressing the same or similar subject matters, and all other federal, state or local statutory and legal claims arising out of or relating to your relationship with GetCareJobs.com or the termination of that relationship (including without limitation torts and post-termination defamation or retaliation).

This Arbitration Agreement is intended to require arbitration of every claim or dispute that lawfully can be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the Arbitration Agreement.

  1. Limitations on How This Arbitration Agreement Applies. The disputes and claims set forth below shall not be subject to arbitration and the requirement to arbitrate set forth in this Arbitration Agreement shall not apply to:
    • Claims for workers compensation, state disability insurance, and unemployment insurance benefits.

Regardless of any other terms of this Arbitration Agreement, nothing prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, and nothing in this Agreement or Arbitration Agreement prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement.

Nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration.

Disputes that may not be subject to a predispute Arbitration Agreement pursuant to applicable Federal law are excluded from the coverage of this Arbitration Agreement.

A party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy in accordance with applicable law, and any such application shall not be deemed incompatible with or waiver of this Arbitration Agreement. The court to which the application is made is authorized to consider the merits of the arbitrable controversy to the extent it deems necessary in making its ruling. All determinations of final relief, however, will be decided in arbitration.

  1. Selecting the Arbitrator and Location of the Arbitration. Unless you and GetCareJobs.com mutually agree otherwise, the arbitrator shall be an attorney licensed to practice in the location where the arbitration proceeding will be conducted or a retired federal or state judicial officer who presided in the jurisdiction where the arbitration will be conducted. Except as provided below, the arbitration will be conducted in accordance with the JAMS Streamlined Arbitration Rules & Procedures (“JAMS Rules”); however, if there is a conflict between the JAMS Rules and this Arbitration Agreement, this Arbitration Agreement shall govern. The JAMS Rules are available here: http://www.jamsadr.com. If for any reason JAMS will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral Arbitrator.
  2. Starting the Arbitration. The location of the arbitration proceeding shall be no more than 45 miles from the place where you last accessed the Site or received any Services under this Agreement, unless each party to the arbitration agrees in writing otherwise. All claims in arbitration are subject to the same statutes of limitation that would apply in court. The party bringing the claim must demand arbitration in writing and deliver the written demand by hand or first class mail to the other party within the applicable statute of limitations period. The demand for arbitration shall include identification of the parties, a statement of the legal and factual basis of the claim(s), and a specification of the remedy sought. Any demand for arbitration made to GetCareJobs.com shall be provided to Legal Department, GetCareJobs.com, 707 East Market Street, Unit C, Louisville, Kentucky 40202. The arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration.
  3. How Arbitration Proceedings Are Conducted and Class Action Waiver. The parties will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes, and any disputes in this regard shall be resolved by the arbitrator. The arbitrator may issue orders (including subpoenas to third parties) allowing the parties to conduct discovery or for attendance at the arbitration hearing.

You and GetCareJobs.com agree to resolve any dispute that is in arbitration on an individual basis only, and not on a class, collective, consolidated or representative action basis (“Class Action Waiver”). The arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the JAMS Rules, disputes regarding the enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective, and/or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.

While GetCareJobs.com will not take any retaliatory action in response to any exercise of rights you may have under Section 7 of the National Labor Relations Act, if any, GetCareJobs.com shall not be precluded from moving to enforce its rights under the Federal Arbitration Act to compel arbitration on the terms and conditions set forth in this Agreement.

  1. Paying for Arbitration. Each party will pay the fees for his, her, or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law (e.g., a party prevails on a statutory claim that provides for the award of reasonable attorneys’ fees to the prevailing party). However, GetCareJobs.com will pay the arbitrator’s and arbitration fees.
  2. The Arbitration Hearing and Award. The parties will arbitrate their dispute before the arbitrator, who shall confer with the parties regarding the conduct of the hearing and resolve any disputes the parties may have in that regard. Within 30 days of the close of the arbitration hearing, or within a longer period of time as agreed to by the parties or as ordered by the arbitrator, any party will have the right to prepare, serve on the other party and file with the arbitrator a brief. The arbitrator may award any party any remedy to which that party is entitled under applicable law, but such remedies shall be limited to those that would be available to a party in his or her individual capacity in a court of law for the claims presented to and decided by the arbitrator, and no remedies that otherwise would be available to an individual in a court of law will be forfeited by virtue of this Arbitration Agreement. Notwithstanding the foregoing, the liability limitations stated in these Terms are binding on the parties.  The arbitrator will issue a decision or award in writing, stating the essential findings of fact and conclusions of law. A court of competent jurisdiction shall have the authority to enter a judgment upon the award made pursuant to the arbitration.
  3. Your Right To Opt Out Of Arbitration. Arbitration is not a mandatory condition of your contractual relationship with GetCareJobs.com. If you do not want to be subject to this Arbitration Agreement, you may opt out of this Arbitration Agreement by notifying GetCareJobs.com in writing of your desire to opt out of this Arbitration Agreement, either by (1) sending, within 30 days of the date this Agreement is executed by you, electronic mail to support@GetCareJobs.com.com, stating your name, address and intent to opt out of the Arbitration Agreement or (2) by sending a letter by U.S. Mail, or by any nationally recognized delivery service (e.g, UPS, Federal Express, etc.), or by hand delivery to: Legal Department, GetCareJobs.com, 707 East Market Street, Unit C, Louisville, Kentucky 40202.

In order to be effective, the letter under option (2) must clearly indicate your intent to opt out of this Arbitration Agreement, and must be dated and signed. The envelope containing the signed letter must be received (if delivered by hand) or post-marked within 30 days of the date this Agreement is executed by you. Your writing opting out of this Arbitration Agreement, whether sent by options (1) or (2), will be filed with a copy of this Agreement and maintained by GetCareJobs.com. Should you not opt out of this Arbitration Agreement within the 30-day period, you and GetCareJobs.com shall be bound by the terms of this Arbitration Agreement. You have the right to consult with counsel of your choice concerning this Arbitration Agreement. You understand that you will not be subject to retaliation if you exercise your right to assert claims or opt-out of coverage under this Arbitration Agreement.

  1. Full and Complete Agreement Related To Formal Resolution of Disputes; Enforcement Of This Agreement; Severability. This Arbitration Agreement is the full and complete agreement relating to the formal resolution of covered disputes. In the event any portion of this Arbitration Agreement is deemed unenforceable, it shall be severed, and the remainder of this Arbitration Agreement will be enforceable.

 

Miscellaneous.  Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other.  Neither party 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.  The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms.  In the event a term or provision is determined to be 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 these Terms shall be enforceable as so modified.  Each of GetCareJobs.com’s fiduciaries, administrators, officers, directors, affiliates, subsidiaries, parents, successors, and assigns is expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you.  This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

Contact Information.  If you have any questions or need further information as to the Site or Services provided by GetCareJobs.com, or need to notify GetCareJobs.com as to any matters relating to the Site or Services please contact GetCareJobs.com at: Legal Department, GetCareJobs.com, 707 East Market Street, Unit C, Louisville, Kentucky 40202 and legal@GetCareJobs.com.