Welcome to Commonwealth Care Alliance’s internet website (referred to as the “Site”), which is operated by Commonwealth Care Alliance, Inc., on behalf of itself and its subsidiaries (“CCA”). These Terms of Use (“Terms”) state the terms and conditions governing your use of and access to the Site. As used in this Terms, terms such as “we,” “us,” and “our,” refer to Commonwealth Care Alliance, Inc. and current and future affiliated entities, subsidiaries, agents, contractors, or vendors of Commonwealth Care Alliance, Inc. 

PLEASE REVIEW THESE TERMS AND POLICY CAREFULLY. YOUR ACCESS TO AND/OR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF, AND CONSENT TO BE BOUND BY, THESE TERMS AND POLICY. IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS AND POLICY, THEN YOU MUST NOT USE OR ACCESS THE SITE. 

We may change these Terms and/or Policy from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms or Policy through the Site. In the event of a conflict between these Terms and/or Policy, and any other applicable terms or agreement fully executed by you and CCA, the other applicable terms or agreement shall control. Any changes will become effective when we post the revised Terms on the Sites. Your use of the Site following these changes means that you accept the revised Terms. 

ELIGIBILITY 

By using the Site, you affirm that you are of legal age to enter into these Terms. The Site is controlled or operated (or both) from the U.S. and is not intended to subject CCA to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Sites’ availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose. 

ELECTRONIC SIGNATURES 

By using the Site and providing information about yourself (“User Materials”), You agree to transact electronically through the Site. This includes your agreement to receive legally required notices electronically. You further agree that your use of a keypad, mouse, or other device to select an item, button, icon or similar act/action, constitutes Your signature as if actually signed by you in writing. You also agree that no certification authority or other third-party verification is necessary to validate your electronic signature, and the lack of such certification or third-party verification will not in any way affect the enforceability of your electronic signature. In order to access, fulfill, and retain the following electronic forms, your computer must be equipped and compatible with the most common operating systems and internet browsers. This would include: 

• Windows, Mac OS X, Linux, Apple iOS, and other major operating systems. 

• Microsoft Internet Explorer version 8 and later, Mozilla Firefox – latest version, Safari latest version + tablet versions, Chrome latest desktop version. 

If you wish to obtain a paper copy of the forms you sign via this site, you will be given the opportunity to download and print those forms once they have been executed. After authorizing the use of your electronic signature, you may still withdraw your consent. To do so, you must contact us using the information below; an CCA representative will help you understand any consequences or fees which may apply. 

COMMUNICATIONS 

By providing your telephone number, you are providing express written consent to receive communications from CCA, (including its affiliates, agents, service providers, and affiliates for the purposes of defined herein) for any purpose, including but not limited to marketing various services from both CCA and companies CCA has joint marketing agreements with. Additionally, you agree to receive communications from CCA regarding any application or User Materials, as well as any information you may have obtained via your use of the Site. You agree that these communications include, but are not limited to, the use of an Automated Telephone Dialing System, prerecorded and/or artificial voice, SMS, MMS, text, fax, email or other similar means. Note, regardless of whether your phone number is registered on a state or federal Do Not Call list. You agree that CCA, or its agent, is not responsible for any charges to you regarding these communications. Standard voice and data rates may apply. Further, you understand that you do not need to provide this consent to call as a condition to use the Site, in which case you will not provide your phone number. 

LICENSE 

Subject to and conditioned on your compliance with these Terms, CCA grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access and use the Site, and to download copies of the materials that we make available for download on the Site, in each case solely for your personal and non-commercial use or for the purpose of doing business with CCA. 

The Site, including all content, information, and materials incorporated into or made available through the Site, are the exclusive property of CCA or its suppliers, and are protected by U.S. law and international law. You agree not to access or use the Site, or any content, information, or materials incorporated into or made available through the Site, except as expressly permitted under these Terms. 

COPYRIGHT AND TRADEMARK 

All materials on this server and this Site, including the site’s design, layout, and organization, are owned, and copyrighted by CCA or its suppliers or vendors, and are protected by U.S. and international copyrights. All trademarks, service marks, and logos displayed on the Site (the “Marks”) are the exclusive property of CCA or their respective third-party owners. Except for your right to view Marks on our Site, you are not granted any rights to the Marks. Nothing in the Site grant, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Site. 

USER-SUBMITTED MATERIALS 

The Site includes functionality to enable you to upload your resume, other employment and career related information, and may also enable you to submit comments and materials through interactive features such as message boards, other forums, and chatting, commenting and other messaging functionality (all such résumés, information, comments, and materials are “User Materials”). You retain ownership of your User Materials. You hereby grant CCA a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such User Materials, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials). 

You agree that CCA is not responsible for the accuracy or availability of any information (including your User Materials) for which CCA is not the original source. You agree to validate the accuracy of any User Materials, as well as any information within the Site over which you have control. 

Should you make use of the Site to give access to, or disclosure of, your User Materials or any other information related to your employment to a third party, you agree that CCA shall have no liability of any kind whatsoever as a result of following such instructions regarding such access or disclosure. 

In addition, if you provide to us any ideas, proposals, suggestions, bugs, or other materials (“Feedback”), whether related to the Site or otherwise, such Feedback will be deemed User Materials, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place CCA under any fiduciary, financial, or other obligation. 

You represent and warrant that: (a) you have all rights necessary to grant the licenses granted in this section; (b) your User Materials, and your provision thereof through and in connection with the Site, are complete and accurate, and are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party; (c) your submission of User Materials is not misleading (including by omission) and nothing you have submitted is known by you to be false, inaccurate, or misleading; you have a legal right to be employed in the jurisdiction in which you are applying and if that legal right is limited in time, you have disclosed when it expires; (d) you are the individual who the User Materials relate to; (e) your User Materials would not infringe any legal obligation that you may have to any third party, including under laws related to copyright, trademark, patent, trade secret, confidentiality, notice period, restrictive covenant, non-competition, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party; (f) you were not, and will not, be compensated or granted any consideration by any third party for entering your User Materials or taking up any offer of employment, and any salary or wages paid to you upon taking up any offer of employment will not be remitted to any third party; and (g) there is no reason that you cannot perform all agreed upon job duties in a manner that is safe and not injurious to you or any other person, that has not been disclosed fully in your User Materials, and you will immediately disclose any such reason should one arise. 

You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each User Materials that you may have under any applicable law under any legal theory. 

BACKGROUND SCREENING 

As a user of the Site, you may be asked to authorize CCA, or a third party with whom CCA has a contractual relationship, to conduct a background investigation into your qualifications. Before a background investigation occurs, however, you will receive written disclosure that such an investigation will be made, and you will also be asked to authorize the investigation. A background investigation will not be conducted without your authorization. However, CCA is in no way responsible for the validity of such authorization. you agree that CCA will not be held liable for any failure to obtain any necessary authorization prior to acquiring a Consumer Report or Investigative Consumer Report. 

You hereby agree that any misrepresentation, falsification, or omission of information on any documents you have provided or will provide as part of an application process may result in your failure to be placed in a position; or the rescinding of an offer for such placement; or, if you are already placed, could result in your dismissal from such placement. 

THIRD-PARTY MATERIALS 

The Site may make available or provide links to third party websites, content, services, or information (“Third-Party Materials”). CCA does not control, and is not responsible for, any Third-Party Materials and the availability of any Third-Party Materials on the Site does not imply endorsement of, or affiliation with the provider of Third-Party Materials. Your use of Third-Party Materials is at your own risk. 

USER OBLIGATIONS 

You may not use this Site to: 

• Adversely affect this Site’s resources or the availability of this Site to others. 

• Violate any local, state, national or international law; delete or revise any content on this Site. 

• Collect or store personal information about other visitors. 

• Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner. 

• Insert or permit to be inserted, any malicious or harmful software into the Site, including but not limited to any software designed to (a) make unauthorized changes to or cause damage to the Sites or Third-Party Materials as defined below; (b) copy, provide unauthorized access to, or prevent authorized access to the Sites; or (c) prevent detection of any unauthorized invasion of the Site. 

• Use any robot, spider, site search/retrieval application or other manual or automatic devices to retrieve, index, “scrape,” “data mine” or otherwise gather Site content or reproduce or circumvent the navigational structure or presentation of the Site. 

You are responsible for all software and equipment necessary to access and use this Site, including all related expenses. In addition, you’re solely responsible for maintaining the confidentiality of any password or other security measure you use in connection with this Site and agree to notify CCA immediately of any unauthorized use of your password or other security measures. 

LIMITATION OF LIABILITY 

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND CCA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OR TRADE. 

IN NO EVENT SHALL CCA OR ITS SUPPLIERS OR VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS WEBSITE OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE CCA WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY THIRD-PARTY MATERIALS, INCLUDING FROM ANY MALWARE OR ANY VIRUS, WORM, HACK, OR MALICIOUS SOFTWARE THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. 

Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights. While we try to maintain the timeliness, integrity, and security of the Site, we do not guarantee that the Site are or will remain updated, complete, correct, or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Site. 

INDEMNIFICATION 

You agree to indemnify, defend, and hold harmless CCA, and its affiliates, officers, directors, agents, and employees from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys’ fees) arising out of or relating to your access to or use of, or activities in connection with, the Site (including any User Materials), or your violation or alleged violation of these Terms or the Privacy Policy. You may not enter a settlement of a claim that involves a resolution other than one consisting solely of a monetary settlement, without CCA’s prior written consent. 

ARBITRATION 

At CCA’s sole discretion, CCA may require you to submit any disputes arising from these Terms or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Massachusetts law. 

LIMITATION ON TIME TO FILE CLAIM 

Any cause of action or claim you may have arising out of or relating to these Terms or the Site must be commenced within one (1) year after the cause of action accrues; otherwise, such claim of action or claim is permanently barred. 

WAIVER AND SEVERABILITY 

The failure of CCA to exercise or enforce any rights or provisions in these Terms will not constitute a waiver of such right or provision. If any part or provision of these Terms is found to be unenforceable, 

such part or provision may be modified to make the Terms as modified, legal and enforceable. The rest of the Terms will not be affected. 

APPLICABLE LAW & VENUE 

All matters relating to your access to, and use of, the Site and content provided on or through the Site, will be governed by U.S. federal law or the laws of the Commonwealth of Massachusetts, USA. Any legal action, arbitration, or proceeding relating to your access to, or use of, the Platform or content, shall be instituted in the city of Boston, Massachusetts. 

GENERAL 

These Terms do not, and will not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and CCA. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. These Terms, including any terms and conditions incorporated herein, constitute the entire agreement between you and CCA relating to the subject matter hereof, and supersede all prior or contemporaneous written or oral agreements or understandings between you and CCA relating to such subject matter. Without limitation, a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. CCA will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.