Welcome to the kareer Network. The kareer Network consists of a website(s) and applications on mobile and other computing platforms. If you continue to browse and use the kareer Network ("KAREER"), you are agreeing to comply with, and to be bound by, the following terms and conditions of use ("Terms and Conditions"). The Terms and Conditions along with our Privacy Policy govern KAREER?s relationship with you, including the use of the kareer Network. If you disagree with any part of the following Terms and Conditions, you are advised to discontinue use of the kareer Network and to leave this website or application. By using or receiving any services offered by KAREER, and downloading, installing, or using any associated applications supplied by KAREER, you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments to this Agreement as published on www.kareernetwork.com/terms. KAREER reserves the right to modify or amend the terms and conditions of this Agreement at any time, effective upon posting an updated version of this Agreement. Continued use of the kareer Network after the posting of any such changes constitutes your consent to such changes or amendments.
KAREER or 'us' or 'we' refers to the owner of the website(s) and all associated applications. The term 'you' refers to the user or viewer of our network.
The use of this network is subject to the following terms of use:
Supplemental Terms
NOTICE: THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOUR USE OF THE KAREER NETWORK.
The terms and conditions listed below govern use of the kareer Network and Content available therein provided by KAREER, a division of Kare Partners, LLC and its affiliated companies (collectively "KAREER"). The terms "you" and "your" in uppercase or lowercase or "User" shall mean the entity (e.g., individual person, company, corporation, partnership, sole proprietor, independent contractor, etc.) or government agency entering into a Subscription Agreement with KAREER including individual healthcare service providers such as physical therapists, occupational therapists, nurses and other clinical professionals and companies providing healthcare services such as hospitals, rehabilitation clinics, home health agencies and long term care centers.
1. GRANT OF RIGHTS; RESTRICTIONS ON USE
1.1 You and your Authorized Users (defined below in Section 2.1) are granted a non-exclusive, non-transferable, limited right to access and use the kareer Network for personal and non-commercial purposes including facilitating communications and employment agreements between individual healthcare providers educated outside the United States ("foreign educated") who are seeking employment in countries other than their home country, The kareer Network is a work flow management platform supporting the management of recruiting, employment agreements, credentialing, licensure and visa applications to enable healthcare service provider employers to attract and employ foreign educated individual healthcare providers. Individual foreign educated healthcare providers may join the network to engage with healthcare service provider employers to make themselves available for employment and provide documentation needed to facilitate the employment process. Healthcare service provider employers may join the network to recruit foreign educated healthcare providers and manage the employment process. . "Noncommercial purposes" as defined herein shall not include any third-party authorized use of the kareer Network which kareer permits or allows.
. This license includes the limited right to download and install a copy of the kareer application or access it through the kareer Website on a single mobile device or computer that you own or control and to run a copy of the kareer application solely for your personal use. You agree not to sublicense the license granted herein. The rights granted to each Authorized User are as follows:
(a) The right to electronically display Content retrieved from the kareer Network for the Authorized User's individual use and to facilitate employment of foreign educated healthcare service providers, as well as the other functions and uses described or defined herein. If You make available any User Content on or through the network , you hereby grant KAREER, subject to state and federal law, a worldwide, irrevocable, perpetual, non-exclusive, assignable, transferable, royalty-free license, with the right to sublicense, to use, view, copy, modify, distribute, adapt, sell, display, transmit, stream, broadcast, User Content through the network.. You also represent and warrant that your User Content will not infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, or moral or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(b) The right to excerpt or quote insubstantial portions of Content from the Application to the extent permitted by applicable copyright law;
(c) Online Services of the kareer Network as well as the Content are protected by copyright, intellectual property laws, and other laws that prevent unauthorized access and use. If you are not an Authorized User, you are not permitted to access or use the kareer Network for any purpose whatsoever. If you nevertheless access and use the kareer Network and Content without authorization, your access and use will be governed by these General Terms and Conditions and you will be liable to KAREER for any breach of the General Terms and Conditions as well as for unauthorized access.
1.2 Except as specifically provided in these Terms and Conditions or as previously agreed to by KAREER either directly or indirectly, You are prohibited from downloading, emailing, faxing, storing, reproducing, transmitting, displaying, copying, distributing, or using Content retrieved from the network. You may not exploit the goodwill, brand, or assets of KAREER, including its trademarks, service marks, or logos without the express written consent of KAREER. Additionally, under no circumstances may You offer any part of the Online Services or Content for commercial resale or commercial redistribution in any medium or use the kareer Network or the Content to compete with the business of KAREER.
1.3 All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in the kareer Network, and Content in any medium belongs to KAREER and/or its suppliers of Content. The KAREER name, logo, and product names associated with the network and application are trademarks of KAREER, and no grant or license is granted to use them. You do not acquire any proprietary interest in the kareer Network, and Content, except the limited rights granted herein, and You may not use the application, network, or Content in any manner that may infringe the intellectual property rights or proprietary interests of KAREER or any third party. Your use of the kareer Network, and Content must comply with all applicable laws, rules or regulations. You agree not to use, copy, adapt, modify, or prepare derivative works based on the kareer Network, nor distribute, license, sell, transfer, transmit, or otherwise exploit the intellectual property rights of KAREER.
1.4. Accuracy Of information. You agree that all information provided by You is true and correct.
1.5. Representation. You agree that Kareer, its affiliates, its parent companies and employees, its recruiting agencies in the US or other countries may represent you in managing the employment process, collect fees and pay expenses on your behalf subject to the terms of the employment contract between You and other users of the kareer Network and the limitations on liability in this Terms and Conditions
1.6. Digital Signature. You agree that all transactions you or your authorized representatives send through the network effectively include your signature and shall serve as your agreement and authorization to enter into the transaction as well as any content related thereto.
2. ACCESS TO SERVICES
2.1 You will use reasonable commercial efforts to prevent unauthorized use of any IDs issued by KAREER and you will promptly notify KAREER, in writing, if you suspect that a KAREER ID is lost, stolen, compromised, or misused.
2.2 The services and Content, and feature functionality within the kareer Network, and Content may be enhanced, added to, withdrawn, or otherwise changed by KAREER without notice.
2.3 You agree to indemnify, defend, and hold KAREER harmless for any and all claims, damages, costs, fines, liabilities, attorney's fees, and expenses that KAREER may incur as a result of Your use of the network and Content, including any liabilities arising out of or in connection with your (a) violation of any term of this Agreement, or any applicable law or regulation, whether referenced herein or not; (b) violation of any rights of any third parties; or (c) misuse of the network or application.
3. LIMITED WARRANTY
3.1 KAREER represents and warrants that it has the right and authority to make the kareer Network and Content available to You as authorized expressly by this Agreement.
3.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 3.1, THE KAREER NETWORK AND CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND KAREER AND EACH SUPPLIER OF CONTENT EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
4. LIMITATION OF LIABILITY
4.1 A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the network or any Content available or not included therein, (b) the unavailability or interruption of the network or any features thereof or any Content, (c) Your use of the network or Content, (d) the loss or corruption of any data or equipment in connection with the network and Content, (e) the content, accuracy, or completeness of materials on the network and associated databases, or (f) any delay or failure in performance beyond the reasonable control of a Covered Party.
4.2 "Covered Party" means (a) KAREER and any officer, director, employee, subcontractor, agent, successor, or assign of KAREER; and (b) each supplier of Content, third party alliance entities, their affiliates, and any officer, director, agent, employee, subcontractor, successor, assignee or assign of any third party supplier of Content or third party alliance entity or any of their affiliates.
4.3 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE KAREER NETWORK OR CONTENT OR THIS AGREEMENT EXCEED THE LESSER OF YOUR ACTUAL DIRECT DAMAGES OR THE AMOUNT YOU PAID FOR USE AND/OR ACCESS TO THE KAREER NETWORK AND APPLICATION IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE. YOU AGREE THAT YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
4.4 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COVERED PARTIES WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE NETWORK, APPLICATION, AND CONTENT, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO A PARTY'S INDEMNITY OBLIGATIONS OR ANY CLAIM FOR INFRINGEMENT OF KAREER?S INTELLECTUAL PROPERTY OR MISAPPROPRIATION OF PROPRIETARY DATA BELONGING TO KAREER OR ITS SUPPLIERS.
4.5 The kareer Network may be subject to limitations, delays, technical issues as a result of internet and electronic communication problems and defects. KAREER is not responsible for any such delays, delivery failures, or other direct or incidental or consequential damages resulting from such problems or issues. In addition, KAREER is not liable for compatibility and/or technical issues that You may experience and which arise due to the types of devises that you are using.
4.6 You acknowledge and agree that KAREER shall have no responsibility whatsoever for any actions or inactions of any User, including without limitation claims or disputes concerning the quality of the kareer Network , another User's compliance with the terms of this Agreement, or any form of harm to business or equipment caused by another User. You hereby covenant that You will not, anywhere in the world, initiate or cause to be initiated against KAREER, any lawsuit, cause of action, claim, or demand, whether at law or equity, that is related in whole or in part to the actions or inactions of your use of the kareer Network, or that of another User, except as provided in this Agreement.
IN NO EVENT WILL KAREER BE LIABLE FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE KAREER NETWORK AND APPLICATION AND/OR SERVICES PROVIDED OR PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE OR OTHERWISE. YOU AGREE THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF KAREER, THAT KAREER'S LIABILITY SHALL BE LIMITED TO THE TOTAL SUM OF FEES, IF ANY, ACTUALLY RECEIVED BY KAREER FROM YOU, AND ONLY THAT CONTRACT, PROJECT OR ASSIGNMENT, THAT CAUSED SUCH LIABILITY.
4.7 DISPUTE RESOLUTION.
In the event of any dispute between You and KAREER that cannot be resolved informally, then the parties agree to write a formal request to the other for mediation to be held in Charlotte, North Carolina using a mediator chosen by agreement of the parties. If the parties cannot agree on a mediator, then one will be randomly selected off the list of court approved mediators kept by Caseflow Management of the Mecklenburg County Clerk of Court's Office. The North Carolina Rules of Procedure in Mediated Settlement Conferences shall apply. If the parties cannot voluntarily reach agreement within 30 days after the commencement of the mediation, then the parties shall consent to have the mediator decide the outcome of the dispute, which decision shall be final and binding on the parties. The laws of the State of North Carolina shall govern the interpretation of this Agreement and the substantive merits of any legal dispute arising from or related to this Agreement, without regard to conflicts of law provisions. THE PARTIES WAIVE ANY RIGHTS TO TRIAL BY JURY WITH RESPECT TO ANY DISPUTE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE KARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, THAT ARE NOW IN EXISTENCE OR MAY ARISE IN THE FUTURE AND IN ANY WAY RELATE TO AN ISSUE OR DISPUTE YOU HAVE WITH THE KAREER NETWORK AND APPLICATION.
To the extent permitted by law, in regards to any dispute between Users, including without limitation, the Users will resolve the dispute between themselves without involving KAREER in any way. If the Users cannot resolve the dispute informally, they shall proceed according to the dispute resolution procedures set forth above. All Users agree that they will not seek any form of support from KAREER to resolve any disputes in which KAREER is not involved, including without limitation, subpoenas for documents or compulsory witness testimony.
5. MISCELLANEOUS
5.1 These Terms and Conditions, may be changed from time to time as described below or by written agreement. You may terminate this Agreement upon written notice to KAREER if any change to these General Terms and Conditions are unacceptable to you, however, use of the kareer Network shall be deemed to be acceptance of the Terms and Conditions stated herein. For termination to be effective pursuant to this Section, written notice of termination must be provided to KAREER within 30 days of the effective date of the change. Continued use of the KAREER Network following the effective date of any change constitutes acceptance of the change without affecting your right to terminate this Agreement in the future. Except as provided above, this Agreement may not be supplemented, modified or otherwise revised unless signed by duly authorized representatives of both parties. Furthermore, You agree that this Agreement may not be supplemented, modified or otherwise revised by email exchange or facsimile. The foregoing does not prohibit the execution of electronic contracts bearing electronic signatures of authorized representatives. You agree to pay any and all fees incurred or owed through your date of termination for use of the kareer Network.
5.2 You or KAREER may terminate this Agreement at any time, subject only to any termination limitations in agreements consummated between You and KAREER or its affiliated companies or You and other users of KAREER, in which case those agreements shall prevail. The effective date of termination shall be 10 days after the receipt of written notice of termination, unless a later date is specified in the notice. KAREER may temporarily suspend or discontinue providing access to the network, application, and Content to any or all Users in breach of this Agreement without notice and KAREER may pursue any other legal remedies available to it.
5.3 All notices and other communications hereunder shall be in writing deemed to have been properly given on the date deposited in the mail. Legal notices to KAREER should be sent to: General Manager, kure Technology Services, LLC, 2675 Court Drive, Gastonia, NC, 28054.
5.4 The failure of KAREER, or any supplier of Content to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
5.5 This Agreement and any amendment thereto shall be binding on, and will inure to the benefit of the parties and their respective successors and permitted assigns.
5.6 If You gain access of another Authorized User's KAREER ID or protected health information, then the following shall apply: (a) you agree to notify KAREER or the individuals whose information has potentially been accessed and agree to return that information; (b) the notification will not reference KAREER or the product through which the Regulated Data was provided or accessed without the express written consent of KAREER; (c) you will be solely liable for all claims that may arise from a unauthorized access of this protected health information or data, and you agree to indemnify KAREER for any third party claims directed against KAREER that arise from the breach or unauthorized access to data and information; and (d) all notifications and indemnity claims related to the breach will be solely at your expense.
5.7 This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, United States, regardless of the law that might otherwise apply under applicable principles of conflicts of law.
5.8 This Agreement will be enforced to the fullest extent permitted by applicable law. If any provision of this Agreement is held to be invalid or unenforceable to any extent, then (a) such provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.
5.9 Where applicable, each affiliated company of KAREER and supplier of Content has the right to assert and enforce the provisions of this Agreement directly on its own behalf or as a third party beneficiary.
5.10 This Agreement constitutes the entire agreement of the parties with respect to its subject matter and replaces and supersedes any prior written or verbal communications, representations, regarding this subject matter.
6. REPRESENTATIONS AND WARRANTIES
6.1 By using the kareer Network, you expressly represent and warrant that you are legally entitled to enter into this Agreement with KAREER. This service is not available to persons under the age of 18. By using the kareer network and application you represent and warrant that that you are at least 18 years old (or the equivalent age of majority in your local jurisdiction), and that you are legally competent to enter into this Agreement. By using the kareer Network, you represent and warrant that you have the right, authority and capacity to enter into this Agreement. You further warrant and represent that your use of the kareer Network is for your sole, personal use, and are not assigning or otherwise transferring your user account to any other person(s) or entities. You also represent that you will not use the kareer Network for any unlawful purposes, or for sending or storing any unlawful material, or to try and impair the proper operation of the network or application, or for other fraudulent purposes. When using the kareer Network, you agree to comply with all applicable local laws of your home state and country where you use the services offered by KAREER. You agree not to copy or distribute the application or service or other content on the kareer Network without KAREER's express written permission.
6.2 KAREER reserves the right to at any time, and without prior notice, to remove or disable access to Content on the kareer network and application which KAREER in its sole discretion considers to be violative of this Agreement or otherwise harmful to the network or application.
7.0. Fees and Expenses
The use of the kareer Network may include subscription and other fees. Fees will be posted on the kareer Network website and applications or in other service agreements executed between You and KAREER
Expenses, as agreed to between You and Kareer or YOU and other users of the kareer Network, must be prepaid prior to incurrence.
KAREER shall charge You for services provided to You and expenses agreed to by You. You agree that You will pay for all services You consume and expenses You have agreed to pay.
If You provided a credit card account for payment, KAREER will charge that account including any taxes and late fees, as applicable that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and expenses. Any payment made is non-refundable.
KAREER may use a third-party payment processor ("Processor") to initiate credit card transactions against your account. The processing of payments, in connection with your use of the kareer Network will be subject to the terms, conditions and privacy policies of the Processor and your credit card issuer in addition to these Terms and Conditions. KAREER is not responsible for any errors by the Processor. Any transaction details, used by KAREER are solely in accordance with the KAREER Privacy Policy.
