Last updated: July 15, 2016
a. Your Acceptance
"You" and "your" refer to you both (i) as an individual user and (ii) as an authorized representative of the company you represent. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. "We," "us," and "our" refer to CarePathways. A "Provider" is a health care or senior care business whose information we publicly display on the Site. A "Participating Provider" is a Provider with whom we partner. The term "Candidate" refers to users who are seeking job opportunities through the Site. The term "Employer" refers to a company or person that is interested in hiring Candidates through the Site. "Authorized Users" refers to users who are logged into their Account using a username and password.
- b. Content
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit, post, display, or otherwise make available on or through the Site, such as reviews, questions, comments, messages, and information that you publicly display or displayed in your Profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Site. "CarePathways Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than CarePathways or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and CarePathways Content.
- c. Other
"Account" means a private area of the site that becomes available when a user submits their username and password to a login form. "Profile" means the personal Content associated with a Provider, Employer, Candidate, or CarePathways that is publicly displayed on the Site. "Directory" means any list of Profiles, including information contained in each individual Profile. The "Jobs Directory" includes Employer Profiles. The "Resumes Directory" includes Candidate Profiles. "Public Areas" means question and answer discussion boards, Provider Directories, the Jobs Directory, the Resumes Directory, Profiles, reviews, and comments. "Online Store" refers to an area of our Site where you can purchase supplies and have them shipped to a U.S. mailing address.
4. ADDITIONAL TERMS
If you access or use the Site to purchase health care products or supplies, you are agreeing to be bound by the CarePathways Online Store Terms.
If you access or use the Site to submit a senior care referral, you are agreeing to be bound by the CarePathways Agreement to be Contacted By Telephone.
5. USING THE SITE
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your Account.
- b. Permission to Use the Site
- c. Site Availability
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
- d. User Accounts
You must create an Account and provide certain information about yourself in order to use certain features of the Site. You are responsible for maintaining the confidentiality of your Account password. You are also responsible for all activities that occur in connection with your Account. You agree to notify us immediately of any unauthorized use of your Account. We reserve the right to restrict access to or remove your Account at any time for any or no reason.
- e. Electronic Communications
When you use the Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, or notices and messages on this Site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- f. Interactions with Other Users
You may have the option to contact Providers, Employers, and Candidates using a "Contact Form", phone number, or fax number displayed in their public Profiles. In addition, you may be contacted by other users if you provide your email address, phone number, or fax number in your public Profile. You are solely responsible for your interactions with other users that you contact, or that contact you. Please note that there are risks, including but not limited to the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. You should therefore use caution with regard to the information you elect to share as part of your public Profile.
You will only use the Jobs Directory to seek employment. You will only use the Resumes Directory to seek employees. You will only use the Provider Directories to seek health care or senior care.
- g. Restrictions
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. CarePathways reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any CarePathways server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of CarePathways, including any CarePathways Account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or CarePathways' systems or networks, or any systems or networks connected to the Site or to CarePathways.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Site or any service offered on or through the Site.
You will not use contact information in user Profiles to send unsolicited mail or e-mails, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of yours or a third party's products or services.
You will not contact a Provider, Employer, or Candidate more than once, unless you have received a response from such user. You agree to respect the user's privacy.
When using the Resumes Directory, you will not sell, license, share, rent or otherwise disclose Candidate Profiles or their Contents to any third party.
When using the Resumes Directory, you agree to implement appropriate physical, technical, and administrative measures to protect the data within Candidate Profiles from loss, misuse, unauthorized access, disclosure, alteration or destruction.
You will not use the Directories and associated user Profiles in any manner that, in the sole discretion of CarePathways, adversely affects our business or performance of the Site.
When interacting with other users through the Site, you will remain primarily liable for any activity under your Account.
All other trademarks not owned by CarePathways that appear in the Site are the property of their respective owners, who may or may not be affiliated with or connected to CarePathways.
7. LINKS TO OTHER SITES
The Site may contain links to third-party websites or resources. You acknowledge and agree that CarePathways is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by CarePathways of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
8. NO PROFESSIONAL ADVICE
All information, materials, Content and/or advice 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. CarePathways expressly disclaims, and you expressly release CarePathways from, 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. You should consult with an appropriately trained specialist for all concerns that require medical, legal, financial or other professional advice.
a. Responsibility for Your Content
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by CarePathways.
- b. Content Guidelines
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
You must not post any User Content that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains language that violates the standards of good taste or the standards of this Site. You must also not post any User Content that contains confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication, or encourages or causes spamming or flooding.
You are prohibited from posting any User Content containing official identification information (whether your own or of another person), such as social security number, passport number, national identification number, insurance number, driver's license number, immigration number, or any other similar number, code, or identifier. Posting such identification information may lead to identity theft and other adverse consequences. CarePathways may remove any such identification information, but does not undertake any obligation to do so, and has no responsibility and disclaims all liability for any posting of such identification information.
- c. Our Right to Use Your Content
By "use" we mean use, host, store, reproduce, copy, modify, translate, communicate, publish, publicly perform, publicly display, promote, distribute, remove, analyze, commercialize, and create derivative works of Your Content. As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, non-assignable, sub-licensable, transferable rights to use Your Content for any purpose in any and all media or distribution methods (now known or later developed). You agree to waive any moral rights that you may have to Your Content. In addition, we may modify or adapt Your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. You also irrevocably grant the users of the Site the right to access Your Content in connection with their use of the Site. By posting Your Content to Public Areas, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential.
- d. Ownership
As between you and CarePathways, you own Your Content. We own the CarePathways Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the CarePathways Content and the Site, which are protected by copyright and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the CarePathways Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the CarePathways Content are retained by us.
- e. Other
We do not prescreen User Content. User Content may be inaccurate, incomplete, misleading or deceptive. CarePathways does not endorse and is not responsible for any User Content, including any opinion, advice, information, or statement contained therein. You acknowledge that by accessing the Site, you may come into contact with Content (including User Content) that you find harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and you acknowledge that CarePathways shall have no liability with respect to such Content.
You can use the Provider Directories to (i) locate Providers near your zip code, (ii) view Provider Profiles, and (iii) obtain Provider phone numbers or website links. This is a free service.
a. Provider Responsibilities
The Providers are solely responsible for evaluating, accepting (or declining, as appropriate), and caring for all clients or residents, including, without limitation, ensuring that their staff are appropriately qualified, current on education, and possess the necessary facilities, resources, and equipment to competently provide the services and care required by its clients or residents. Each Provider is responsible for the conditions at its community or agency and the training of and acts and omissions of its employees, contractors, vendors, and any other individual who works at or for the community or agency.
Each Provider is responsible for the Content of the information posted on its page or on the Site. The information does not represent our views or any individual associated with us, and we do not control this Content. We do not vouch for the accuracy or completeness of any of the information posted by and/or for the Provider on the Site, and do not take any responsibility or assume any liability for any actions you may take as a result of reading the information posted by and/or for the Provider on the Site. By using the Site, you assume all associated risks.
- b. No Endorsement; No Affiliation
We exercise no independent judgment as to the quality of, nor do we recommend or endorse, any Provider. We provide only an information service and do not (i) place the consumer in any Provider's community, (ii) create contractual arrangements or schedule appointments with Providers, (iii) perform any medical assessment of or for the consumer or the Provider, or (iv) participate in the consumer's and Provider's decision regarding final selection or admittance. Further, we are not a representative of or agent for either the consumer or the Provider and do not act on either's behalf. To contract with a Provider, you must work directly with the Provider. CarePathways does not perform, and is not responsible for, any of the services requested by you in the senior care referral submission. Your rights under contracts you enter into with Providers are governed by the terms of such contracts and by applicable federal, state, provincial and local laws.
- c. Releases from Damages or Claims
Should you have a dispute with any Provider, you must address such dispute with the Provider directly. You hereby agree to release CarePathways (and our officers, directors, affiliates, employees and agents) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with Providers.
- d. Providers Pre Screening Procedures and Disclaimers
The CP Nurses' Choice badge posted next to home care Providers in the online Home Care Directory represents those agencies who are enrolled in our CP Nurses' Choice program. Enrollment in the program requires that an agency has willingly participated in completing an online custom designed survey. This survey addresses specific criterion that a non-medical home care agency can be reasonably expected to be in compliance with. State licensing reporting is mandatory when required in the state where an agency provides services. Please note that the survey responses are self-reported and that the CP Nurses' Choice program is an elective program to join.
As a Candidate, you can (i) use the Site to search for Employers, (ii) contact Employers that are listed on the Site, and (iii) submit your resume to be publicly displayed on the Site. This is a free service. When submitting your resume, we may require you to provide us with certain information including, but not limited to, your name, email address, phone number, skills, desired salary and geographic location. At this stage, you will have the opportunity to block your resume from users that are not Employers or exclusively Employers. You may also restrict the use of your phone number and/or email address by selecting a contact preference. We reserve the right, in our sole discretion, to accept or reject your resume. Once your resume has been submitted, we will reach out to you via email to ask you to confirm your receipt of the message. Your resume will be publicly displayed on the site upon submission. Sections 5f and 9b are especially important when it comes to interacting with Employers and posting your resume.
- b. Employers
As an Employer, you can (i) use the Site to search for Candidates, (ii) contact Candidates that are listed on the Site, and (iii) submit job openings to be publicly displayed on the Site. This service is offered under a subscription model. Employers agree to pay upfront an initial subscription fee for a period of time specified in any CarePathways insertion order or online pricing page. When submitting job openings, we may require you to provide us with certain information including, but not limited to, your name, email address, phone number, details about the position, and geographic location. At this stage, you will have the opportunity to block users from contacting you via email. Please note that your phone number will be displayed if provided. Once your job opening has been submitted, we will reach out to you via email to ask you to confirm your receipt of the message. Sections 5f and 9b are especially important when it comes to interacting with Candidates and posting your job openings.
- c. CarePathways' Role:
CarePathways does not act as an employment agent by providing the Jobs Directory, Resumes Directory, and Profiles within. CarePathways merely provides a tool enabling Candidates and Employers to connect with each other. Candidates and Employers are solely responsible for the information provided in any resume or Profile, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of the Site.
You understand that CarePathways does not inquire into the backgrounds of its Candidates or Employers or attempt to verify the statements of its Candidates or Employers, and that you are responsible for (i) conducting any background checks, reference checks, or other due diligence that you may require before making an offer of employment to a Candidate or accepting an offer of employment from an Employer, and (ii) complying with all laws and regulations relating to the intended employment of any Candidate. If you are a Candidate, you agree that any rights you have under the Fair Credit Reporting Act or any corresponding state laws may only be asserted against the Employer.
CarePathways is not a third party to or liable for any agreements between an Employer and Candidate, regardless of whether or not CarePathways receives a fee from the Employer to post job openings. CarePathways will not be liable for any costs or damages arising out of or related to such agreements.
CarePathways seeks to use reasonable security measures to help protect against the loss, misuse and alteration of User Content under CarePathways' control. By using the Site, you acknowledge and agree that Internet transmissions are never 100% private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
13. CLASS ACTION WAIVER
By using the Site and in return for the services offered by CarePathways, you acknowledge that CarePathways can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you agree not to sue CarePathways as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against CarePathways regarding your use of the Site. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court.
15. DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE CAREPATHWAYS ENTITIES TO YOU. EACH OF THE DISCLAIMERS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE CAREPATHWAYS ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE CAREPATHWAYS ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE CAREPATHWAYS ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE PROVIDER PROFILES, EMPLOYER PROFILES, CANDIDATE PROFILES, NURSING HOME RATINGS, PROVIDER REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
THE CAREPATHWAYS ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE CAREPATHWAYS ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
THE CAREPATHWAYS ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT THE PROFILE CONTENT THAT HAS BEEN PROVIDED TO CAREPATHWAYS IS VALID, THAT THE COMMUNICATION SENT BY A USER WILL REACH THE INTENDED RECIPIENT, THAT THE INTENDED RECIPIENT OF THE COMMUNICATION SENT AT YOUR REQUEST WILL READ THE EMAIL, OR THAT THE INTENDED RECIPIENT OF YOUR REQUEST WILL ACT UPON SUCH REQUEST.
THE CAREPATHWAYS ENTITIES EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE CAREPATHWAYS ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
THE CAREPATHWAYS ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
THE CAREPATHWAYS ENTITIES DISCLAIM LIABILITY FOR ANY (ii) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
16. APPLICABLE LAW
If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provisions.