These are the Terms and Conditions of Use for www.centrahealthcare.com the Centra Healthcare Solutions, Inc. (“Centra Healthcare") website (the “Site”).
Applicability of Terms and Conditions
This section (“Notice”) states the terms and conditions of the Site. Please review this Notice carefully.By accessing, browsing, or using the Site ("Use"), all users and viewers ("You," "you," "User," or "user") acknowledge acceptance of the terms and conditions listed in this Notice and to all applicable laws and regulations. If you do not accept the terms and conditions listed in this Notice, please do not use the Site.
Centra Healthcare reserves the right to update this Notice from time to time in its sole discretion. You accept responsibility for reviewing the applicable terms and conditions each time you visit or use this Site in the future.
Intended Purposes of Website
The primary purposes of the Site are:
to provide employers who are existing or prospective clients of Centra Healthcare with an online tool and resources to post job openings and orders and with other relevant information; and
to provide professionals who are seeking jobs with an online tool and resources to assess and evaluate available opportunities that may match their qualifications and preferences and to submit their resumes and other relevant information to apply for such positions.
Centra Healthcare maintains this Site as a service to such employers and job seekers. The user instructions on the Site further state the intended purposes and other terms and conditions of use for the various features of this Site.
The Site and any related services are available to you, provided that you can form legally binding agreements under applicable law. The Site is not available to minors. If you are a minor, please do not use the Site.
Permitted Uses of Website
Many portions of this Site are available for public viewing and use, but you must register or enter into a separate agreement with Centra Healthcare to access other portions of the Site, such as those that enable an employer to post a job opening, view internal benefits and resources, and those that allow a job seeker to submit a resume or complete an employment form. Subject to this Notice, the terms and conditions of any applicable license or other agreement and applicable law, Centra Healthcare hereby grants you permission to:
view and use for the intended purposes those portions of the Site to which we have granted you access;
make one complete, unaltered electronic copy and/or one complete, unaltered paper copy of any page on this Site to which we have granted you access, provided you do not remove any copyright, trademark and other proprietary rights notices and that you use it solely for personal or internal business purposes and do not distribute or republish it;
submit job orders and job applications and otherwise sign up for our services, subject to payment of all applicable charges and agreement to the terms and conditions of any other agreement associated with those services; and
use any Site links, discussion forums, contact lists and e-mail links to which you have been granted access to navigate the Site and to interact with Centra Healthcare and other users of our Site in accordance with this Notice.
Prohibited Uses of Website
Except as expressly stated above under "Permitted Uses of Website," in order to promote the integrity, reliability and security of this Site and the services we provide over this Site, any other use of this Site or its contents is prohibited without first obtaining written permission from Centra Healthcare. Without limiting the generality of the foregoing, users of this Site may not:
violate any local, state, or federal laws, rules, or regulations, including, but not limited to, U.S. export laws and regulations, anti-discrimination, and equal opportunity employment laws;
infringe upon any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; or use our services to upload, or otherwise make available, files that contain images, photographs, software or other material protected by copyright, trademark or other intellectual property laws or by rights of privacy or publicity, unless you own or control the rights or have received all necessary consent to do so;
make unsolicited offers or proposals or send junk mail to other users;
upload, post, store or transmit any materials that are unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable to other users or which breach any of your contractual or confidentiality obligations; and
post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information;
knowingly damage or interfere with the operation of our services, any software that we utilize, or any user's enjoyment of our services, by any means, including uploading or otherwise disseminating viruses, worms or other harmful code or through making repeated or automated "hits” on this Site with the intention or likely impact of causing delay or loss in availability of service on the Site; or use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site without Centra Healthcare’s prior written consent; or
disable, circumvent, avoid, bypass, remove, deactivate, impair or otherwise interfere with security-related features of our services or software, features that enforce restrictions or limitations on use of our services or software, or features that prevent or restrict use or copying of any content or other material accessible through use of our services or software or otherwise disrupt or interfere with the normal operations of our Site;
use our services to download any file posted by another user that you know, or reasonably should know, cannot be legally reproduced, displayed, performed and/or distributed in this manner or;
impersonate any person or entity or misrepresent yourself, your entity or your affiliation with any third party.
Consequences of Unacceptable Use
We reserve the right to take any and all action we deem appropriate if we become aware of conduct that we believe does not conform to the requirements of these terms and conditions, any agreement pursuant to which you use our services or any software that utilizes them, or applicable law; however we do not assume any responsibility for such conduct or any obligation to act to prevent it or stop it after it has occurred. We disclaim any and all liability for failure or refusal to take action with respect to conduct prohibited by this Notice or for delay in taking action if we choose to act. Without limiting the foregoing, we reserve the right to terminate service to anyone whom we become aware is repeatedly using our services in violation of copyright law. It is your sole responsibility to use the services in compliance with all applicable copyright and other laws.
User Accounts, Security and Passwords
If any service available to you on this Site requires you to register or open a user account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You may be asked to choose a user name and/or password. You are entirely responsible for maintaining the confidentiality of your password and account and for frequently updating and revising your password. Furthermore, you are entirely responsible for any and all activities that occur under your account, whether used by you or by someone who has obtained your account information from you. You must notify Centra Healthcare immediately of any unauthorized use of your account or any other breach of security. Centra Healthcare will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else's account at any time, without the permission of the account holder.
The Site provides a forum for you to obtain employment and career information. By submitting or entering your information to the Site ("User Material"), you agree that you grant Centra Healthcare a perpetual, non-exclusive, irrevocable, royalty free, worldwide license and right, but not the obligation, to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish, transfer, adapt, create derivative works in any manner, in entirety or a portion of, of your User Material, and by any means, forever and worldwide. You acknowledge and accept that the Site is only a passive forum for users to obtain employment and career information. Centra Healthcare does not screen or monitor any User Materials. Centra Healthcare, therefore, makes no representation regarding the reliability, accuracy, completeness, validity, or truthfulness of any User Materials. Centra Healthcare reserves the right, in its sole discretion, to delete, remove, and refuse to display, or block any User Materials that Centra Healthcare considers to be unacceptable. In the event Centra Healthcare receives notification regarding any unacceptable User Materials, Centra Healthcare may investigate such User Materials, in its sole discretion. You acknowledge and agree that Centra Healthcare may retain copies of your User Materials and disclose your User Materials to a third party if Centra Healthcare believes that it is necessary to: (i) protect the integrity of the Site; (ii) protect rights of Centra Healthcare; (iii) comply with any court order; (iv) comply with any legal proceedings; (v) assert Centra Healthcare's claim under this Notice; and (vi) satisfy any claims regarding violations of third party's rights.
Accuracy of Information on Website
Centra Healthcare has attempted to include accurate and up-to-date information on this Site at the time of its initial posting and each updating, but makes no representations or warranties as to the accuracy or completeness of such information. Centra Healthcare undertakes no duty to supplement or update the information on this Site in the future, and any voluntary efforts by Centra Healthcare to do so will not constitute an undertaking of such a duty. Users of this Site accept all information made available herein "as is" without any representation or warranty. Centra Healthcare accepts no responsibility for any action taken by users of this Site or other persons based on the information presented herein. All access and use of this Site, and any and all content presented herein, is at the user's own risk.
You understand and agree that Centra Healthcare (A) does not warrant that you will receive any employment or job offers through the Site; (B) shall not be responsible for any employment offers, employment screenings, employment decisions, and actual employment presented by third parties; (C) does not guarantee the accuracy, completeness, validity, or timeliness of information listed by any third parties; (D) shall not be responsible for any User Materials posted by third parties, including, but not limited to, job openings and employment listings; and (E) is neither your employer nor your agent in any regard unless you are specifically hired by Centra Healthcare. You shall use your own judgment, caution, and common sense in evaluating any prospective employers and any information provided by any third party.
Third-Party Statements and Opinions
Centra Healthcare is not responsible for any opinions, advice or statements made by third parties. Except as required by law, we have no obligation to monitor user postings or to remove or retain user supplied content, although we reserve the right to do so.
Posting and Use of Non-Confidential Information
Risks of Internet Communications
Users of this Site understand that the Internet is a publicly accessible medium and that communications between users and Centra Healthcare over the Internet are inherently insecure, and may therefore be subject to the risk of being viewed by other parties. You accept all risks relating to any transmissions of information to Centra Healthcare over the Internet.
Third-Party Terms and Conditions
Inbound Linking, Framing, and Metatags
You may make referential links to any of the publicly accessible pages on this Site that are not password protected, subject to review and termination by us at any time and for any reason. Please be aware that we continually update and revise our Site. We do not accept responsibility for ensuring that any page to which you may provide a link will remain available or that its content will remain the same. You may not link to our Site in any way that might lead others to believe that our Site or any of its contents were created or are operated or offered by you or any party other than Centra Healthcare. Unless you have entered into a separate written agreement with us permitting you to do so, you may not frame or otherwise display any portion of our Site or any of its contents, nor may you place any text or other content on your Site, in a manner that states or implies that there is any association between you and Centra Healthcare. You may not use any of Centra Healthcare's trade names, trademarks or any of the textual content of our Site as metatags in your own Site, unless we have granted you a license explicitly permitting you to do so.
Centra Healthcare's Intellectual Property
Unless stated otherwise, all contents of this Site are the private property of Centra Healthcare and/or its licensors, affiliates and other content providers, including employers and job seekers who submit job openings or employment applications, and Centra Healthcare and such persons reserve all rights with respect to this Site's content. The contents of this Site, including images, text, data, software, photographs, graphics, videos, music, sounds and other information, and the overall layout, look and feel of the Site, are protected by copyright, trade secret, trademark and other applicable intellectual property or privacy laws. Such contents may not be distributed, downloaded, reproduced, copied, displayed, transmitted, modified, reused, removed, reposted, incorporated into derivative works or otherwise used except as provided herein without the express written permission of Centra Healthcare. Any other use, or any misuse, of such contents is prohibited contractually by these terms and conditions and may violate applicable copyright, trademark, communications and other intellectual property or privacy laws.
Use of Trade and Service Marks
Centra Healthcare and its brand names and logos are trademarks and service marks of Centra Healthcare Solutions, Inc. Use of Centra Healthcare's trademarks and service marks is subject to the terms and conditions of our trademark usage policy, which may be obtained from us on request. Other trademarks, product names, company names and logos appearing on this Site are the property of their respective owners. You must obtain permission from those owners before copying or using their trademarks, product names, company names or logos.
Centra Healthcare is committed to working with and providing reasonable accommodation to individuals with disabilities. If, because of a medical condition or disability, you require a reasonable accommodation for any part of the employment process, please email [email protected], or call 954-636-2525 and let us know the nature of your request and your contact information.
YOU ACKNOWLEDGE AND ACCEPT THAT: (A) YOU ASSUME ALL RISKS RELATED TO OR RESULTING FROM YOUR USING, VIEWING, OR ACCESSING THE SITE. THE SITE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. (B) CENTRA HEALTHCARE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE. (C) CENTRA HEALTHCARE EXPRESSLY DISCLAIMS ALL WARRANTIES THAT (I) THE SITE AND ITS MATERIALS WILL BE ERROR-FREE OR VIRUS-FREE; (II) THE SITE WILL BE UNINTERRUPTED AND SECURE; (III) THE SITE WILL BE UNINTERRUPTED AND AVAILABLE AT ALL TIMES; (IV) THE SITE WILL MEET YOUR REQUIREMENTS; AND (V) THE RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, OR TRUTHFULNESS OF ANY SUBMITTED USER MATERIALS.
Limitations on Types of Damages
YOU FURTHER UNDERSTAND AND AGREE THAT IN NO EVENT CENTRA HEALTHCARE, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, AND SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF, OR DAMAGE TO PROPERTY, GOODWILL, REVENUE, DATA, OR USE, LOSS CAUSED BY VIRUS, OR OTHER LOSSES OF ANY KIND OR CHARACTER INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR BREACH OR FAILURE OF WARRANTY, EVEN IF CENTRA HEALTHCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OF LIABILITY, OR THE DISCLAIMER OF CERTAIN DAMAGES, CENTRA HEALTHCARE'S AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED U.S. $10.
Limitations on Amount of Liability
YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITE OR ANY USER MATERIALS, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGES, DEALING WITH OTHER USERS OF THE SITE, STRANGERS, MINORS, OR FOREIGN NATIONALS, AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE CENTRA HEALTHCARE, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE OF THE SITE, YOUR SUBMITTED USER MATERIALS, ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Centra Healthcare has the right, in its sole and absolute discretion, to terminate any services of the Site and remove any User Materials from the Site. Centra Healthcare may also terminate your access to any part or all of the services provided by Centra Healthcare on the Site at any time, with or without cause or notice, for any reasons. If you want to terminate your account, you may only cease your Use of the Site. Centra Healthcare shall not be responsible for maintaining or returning your submitted User Materials, your account, or your logon and password. You should always maintain a copy of your submitted User Materials.
This Notice is governed by the laws of the state of Florida, United States of America without giving effect to any principles or conflict of laws. Users of this Site consent to the exclusive jurisdiction and venue of federal and state courts sitting in Florida for the resolution of any and all legal disputes that may arise under these terms and conditions or with respect to this Site or the information made available herein. Users waive any and all objections or defenses against such jurisdiction, venue and covenants not to bring any suit or other legal action against Centra Healthcare involving the foregoing in any other jurisdiction, venue or forum.
You agree that there is no employment, partnership, agency, or joint venture relationship between you and Centra Healthcare arising out of or resulting from your Use of the Site. This Notice constitutes the entire agreement between you and Centra Healthcare governing your Use of the Site and is additional to any binding agreement between you and Centra Healthcare. Centra Healthcare does not warrant that this Site will be lawful outside the United States. If you view, access, submit, or download materials to and from the Site outside the United States, you will be solely responsible for all your actions and assume all risks. You may not use or export any User Materials or make any copy or adaptation in violation of any application laws, rules, or regulations, including, but not limited to, U.S. export laws and regulations. The failure or delay by either party to enforce the terms of this Notice shall not be deemed as a waiver of such term. If any part of these terms and conditions is declared invalid or unenforceable by a court of competent jurisdiction, then such declaration will not affect the validity of any remaining portion of these terms and conditions and such remaining portion will remain in full force and effect as if the invalid portion had been eliminated. The provisions of this Notice which by their nature are intended to survive to provide the intended rights and protects to Centra Healthcare shall survive any termination of this Notice for any reasons including, but not limited to, Sections 7, 16, 18, 19, 20, and 22.