Last Updated: March 8, 2011
2. CNAList.org(.com) IS A VENUE. The Site is a communications platform for enabling the connection between CNAs, LPNs, Nurses, Caregivers, and/or individuals seeking home or care services ("Care Employers") and/or individuals or companies providing home or care services ("CareGivers"). CNAList.org(.com) does not take part in the interaction between Care Employers and CareGivers except to collect payments on the behalf of Care Employers and CareGivers for venue services through the Site. Users do hereby represent, understand and expressly agree that CNAList.org(.com) does not have control over the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the CareGivers, nor of the integrity, responsibility or any of the actions whatsoever of the Care Employers. CNAList.org(.com) makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by CareGivers or Care Employers through the Site whether in public, private or offline interactions. CNAList.org(.com) does not assume any responsibility for the accuracy or reliability of any information provided by CareGivers or Care Employers on this Site. CareerFitter, LLC / CNAList.org(.com) does not assume and expressly disclaims any liability that may result from the use of this information. CNAList.org(.com) is not responsible for the conduct, whether online or offline, of any user of the Site or Member of the Service. All users including both Care Employers and CareGivers do hereby expressly agree not to hold CNAList.org(.com) (or CareerFitter, LLC, CareerFitter.com, and CNAList.org(.com)'s officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, or employees, or your employer, if you become a Member through your employer, hereinafter "Affiliates") liable for any instruction, advice or services delivered which originated through the Site and CNAList.org(.com) and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
3. ELIGIBILITY. Our services are available only to individuals and companies that can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors under the age of eighteen (18) or to anyone who may not legally work within the jurisdiction of the United States. This Site is currently intended only to United States citizens and/or any individuals who are legally in the jurisdiction of the United States and may legally work within its jurisdiction.
By requesting to use, registering to use and/or using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and you commit to abide by all of the terms and conditions hereof. In addition, you represent and warrant that you and each member of your household (a) have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have not been and are not currently required to register as a sex offender with any government entity.
NOTWITHSTANDING THE FOREGOING, CNAList.org(.com) DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE SITE. USERS DO HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD CareerFiitter, LLC, CareerFitter.com, and CNAList.org(.com) HARMLESS FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THIS SITE.
4. RELEASE. Care Employers may seek the services of a CareGiver through the use of the Site and CareGivers may submit proposals to Care Employers regarding their services. In the event that a Care Seeker and a CareGiver agree on the provision of services such agreement is solely between the Care Seeker and the CareGiver; CNAList.org(.com) is not a party to any such agreement. Any issues concerning the services received by the Care Seeker or payment due to the CareGiver must be resolved directly by the Care Seeker and the CareGiver. CNAList.org(.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, you do hereby represent, understand, and expressly agree to hold CNAList.org(.com) harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Site. CNAList.org(.com) will use its reasonable efforts to monitor CareGiver and Care Seeker profiles, actions, comments, and general usage of the Site and suspend privileges to any Care Seeker or CareGiver not adhering to the policies of the Site. You agree to take reasonable precautions in all interactions with other users of the Site, particularly if you decide to meet offline or in person. By using this Site, you do hereby agree to report any alleged improprieties of any users therein to CNAList.org(.com) immediately by notifying CNAList.org(.com) of the same via electronic correspondence.
5. EXCLUSIVE USE. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
6. INFORMATION PROVIDED BY USERS. You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site. CNAList.org(.com) is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.
You are solely responsible for any content, messages, photos, videos, reviews or profiles (collectively, "Content") that you publish or display (hereinafter, "post") on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially 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). You will not provide inaccurate, misleading or false information to CNAList.org(.com) or to any other user of the Site.
You understand and agree that CNAList.org(.com) may review and delete any Content, in each case in whole or in part, that in the sole judgment of CNAList.org(.com) violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site.
By posting Content to any public or member area of the Site you automatically grant, and you represent and warrant that you have the right to grant, to CNAList.org(.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 such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by CNAList.org(.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.
Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by CNAList.org(.com), are those of their respective authors. Such authors are solely responsible for such content. CNAList.org(.com) does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will CNAList.org(.com) or its Affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or b) reviews or comments made about you on the Site by other users.
9. COPPA COMPLIANCE. Care Employers and CareGivers should monitor children's use of the Internet. CNAList.org(.com) is intended for people 18 or over. CNAList.org(.com) will not knowingly collect any information from children under 13. You must identify your age during the registration process. CNAList.org(.com) takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. That being said, we do not assume any responsibility for any misrepresentations regarding your age or parental consent when using this Site. Should we determine that you provided any false information to us when using this Site, your membership will be terminated immediately.
10. PROHIBITED USE. The Site and related services may not be used by any person or organization to recruit, solicit, or contact in any form Care Employers or CareGivers for employment or contracting for a business not affiliated with CNAList.org(.com) without express written permission from CNAList.org(.com). Should CNAList.org(.com) find that you violated the terms of this paragraph or any terms stated herein, CNAList.org(.com) reserves the right, at its sole discretion, to immediately terminate your use of the Site and/or assess a $5,000 daily penalty fee for scraping, either in a manual or automatic manner, CareGiver or Care Seeker information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise mis-using or mis-appropriating site content, including but not limited to, use on a "mirrored", competitive, or third party site.
In order to protect the integrity of the Site and the Service, CNAList.org(.com) reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
CNAList.org(.com) reserves the right, in its sole discretion, to terminate your access to all or part of the CNAList.org(.com) Site, to remove your profile and/or any content posted by or about you, from the Site, and/or to terminate your membership in CNAList.org(.com), for any reason or no reason, with or without notice. Following any termination of any member's use of the Site, CNAList.org(.com) reserves the right to send a notice thereof to other members which whom you have corresponded.
11. PAYMENT AND REFUND POLICY FOR INDIVIDUAL CARE EMPLOYERS. Individual Care Employers are obligated to pay for the service of the Site, unless notified otherwise. Care Employers that sign up agree to pay CNAList.org(.com) all charges at the prices then in effect for any use of the Site. In addition, Care Employers authorize CNAList.org(.com) to charge their chosen payment provider for use of the Site. CNAList.org(.com) reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
CNAList.org(.com) may offer limited-time free trial subscriptions to Care Employers from time-to-time. Care Employers who sign up for CNAList.org(.com) on a free trial basis may have limited access to the features of the Site. If a Care Employer continues their subscription after the end of the free trial period, the Care Employer will be charged the price then in effect for a monthly subscription to the Service. To avoid being charged for the service of the Site, a Care Employer with a free trial subscription must cancel their subscription prior to the end of the free trial period.
The subscriptions of Care Employers will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate, unless specifically notified otherwise. To cancel your subscription, contact CNAList.org(.com). If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires.
No refunds or credits will be provided for account cancellation requests received after the account has been billed. In addition, no refunds will be granted for any donations to third-party organizations that are made while enrolling or using the Site. At CNAList.org(.com)'s sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by CNAList.org(.com).
12. PAYMENT AND REFUND POLICY FOR COMPANY/AGENCY CARE EMPLOYERS. CNAList.org(.com) may provide certain types of company or agency Care Employers ("Company Recruiters") with the option to post jobs ("Company Job Postings") on the Site for open employment positions. Individual CareGivers may choose to respond to Company Job Postings by uploading a resume and applying for the posted job. Company Job Postings must represent open positions for W-2 or 1099 employees and must contain sufficient detail to clearly convey the nature and requirements of the job opportunity.
In exchange for posting one or more Company Job Postings, Company Recruiters agree to pay CNAList.org(.com) the applicable then-current fees for Company Job Postings, which are published on the Site and/or stated in a purchase order with CNAList.org(.com).
No refunds or credits will be provided for Company Job Posting cancellation requests received after the account has been billed. In addition, no refunds will be granted for any donations to third-party organizations that are made while enrolling or using the Site. At CNAList.org(.com)'s sole discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by CNAList.org(.com).
13. PAYMENT AND REFUND POLICY FOR INDIVIDUAL CAREGIVERS. The basic services of CNAList.org(.com) are free for individual CareGivers (though some premium services may be offered for a fee).
14. PAYMENT AND REFUND POLICY FOR COMPANY/AGENCY CAREGIVERS. Companies and agencies that sign up as CareGivers are obligated to pay for the service of the Site, unless specifically notified otherwise. Such CareGivers agree to pay CNAList.org(.com) all charges at the prices then in effect for any use of the Site. In addition, these CareGivers authorize CNAList.org(.com) to charge their chosen payment provider for use of the Site. CNAList.org(.com) reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The subscriptions of companies and agencies that sign up as CareGivers will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To cancel your subscription, contact CNAList.org(.com) Member Care or edit your account settings.
Charges to credit cards may appear as CareerFitter, LLC. Or Careerfitter.com. No refunds or credits will be provided to CareGivers for subscription or program cancellation requests received after the account has been billed. In addition, no refunds will be granted for any donations to third-party organizations that are made while enrolling or using the Site. At CNAList.org(.com)'s sole discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by CNAList.org(.com).
15. THIRD PARTY VERIFICATION SERVICE. CNAList.org(.com) may make a third-party verification service available to Care Employers and CareGivers. Care Employers and CareGivers may use this service to verify information such as, but not limited to, name, address, social security number, and criminal background. Use of a third-party verification service is voluntary. If you decide to use or access information provided by a third-party verification service offered through the Site, you do hereby represent, understand and expressly agree that CNAList.org(.com) is a conduit for the third-party verification service and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information provided by the third-party verification service. In addition, you understand that CNAList.org(.com) may review the information provided by the third-party verification service and that CNAList.org(.com) retains the right to terminate your CNAList.org(.com) membership based on the information.
16. FAIR CREDIT REPORTING ACT. Pursuant to the Fair Credit Reporting Act (the "FCRA"), by this notice CareerFitter, LLC. notifies you that if you choose to participate in our third-party verification service, it may, as part of that service, obtain a consumer report about you from a consumer reporting agency. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports. If you use or access information provided by a third-party verification service offered through the Site, you warrant that you will use such information only for a purpose permitted by the FCRA and that you will comply with any and all applicable obligations of the FCRA, which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm as well as all other applicable consumer reporting laws. If you decide to access, use, or share information provided by a third-party verification service offered through the Site with any other party (either through this Site or otherwise), you agree to do so in accordance with applicable law and to indemnify and hold harmless CNAList.org(.com) from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. CNAList.org(.com) does not assume and expressly disclaims any liability that may result from the use of information provided by a third-party verification service.
17. NO WARRANTY. The information and materials contained in this website, including text, graphics, information, links or other items are provided "as is", "as available". CNAList.org(.com) DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
18. DISCLAIMER OF WARRANTY.
- No Warranties. CNAList.org(.com) PROVIDES THE SERVICES ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CNAList.org(.com) DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. CNAList.org(.com) DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
IN ADDITION AND WITHOUT LIMITING THE FOREGOING, CNAList.org(.com) MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY MEMBER OF OUR SITE TO PROVIDE SERVICES AS A CAREGIVER OR TO SECURE THE SERVICES OF A CAREGIVER, INCLUDING, WITHOUT LIMITATION, PARTICIPANTS IN ANY THIRD PARTY VERIFICATION SERVICE OFFERED ON OUR SITE.
- Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by CNAList.org(.com), are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. CNAList.org(.com) DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN CNAList.org(.com). UNDER NO CIRCUMSTANCES WILL CNAList.org(.com) BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
19. ASSUMPTION OF RISK. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with Members of the site.
20. LIMITATION OF LIABILITY.
- Incidental Damages and Aggregate Liability. In no event will CNAList.org(.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, including without limitation damages related to any information received from the Site, 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, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if CNAList.org(.com), or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL CNAList.org(.com)'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID CNAList.org(.com) FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
- No Liability for non-CNAList.org(.com) Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CNAList.org(.com) BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS WITH OTHER MEMBERS OF THE SITE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
- In addition to the preceding paragraphs of this section and other provisions of this Agreement, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. CNAList.org(.com) makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
23. U.S. EXPORT CONTROLS. Software from this Site (the "Software") is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) 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 downloading or using the Software, 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.
24. JURISDICTION AND CHOICE OF LAW. If there is any dispute arising out of the Site and/or the Service, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of North Carolina, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of North Carolina, Transylvania County, for the resolution of any such dispute.
25. 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. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
26. CONTACT INFORMATION. If you have any questions or need further information as to the Site or Service provided by CNAList.org(.com), please contact CNAList.org(.com). PO BOX 124, Pisgah Forest, NC 2768.