Terms & Conditions
Effective as of Apr 14, 2022
These Terms contain an Arbitration Agreement, which will, with limited exception, require a user to submit claims against us to binding and final arbitration. A site user who does not wish to agree to arbitration must opt out of arbitration within 30 days after the date the user accepts these terms for the first time. Failure to opt out means in part that: (1) you will only be permitted to pursue claims against FrannyCares in arbitration on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. If you do not opt out of arbitration both you and FrannyCares consent to arbitration of covered claims.
2. The Site Offers a Venue. FrannyCares operates a website located at www.mycnajobs.com (the “Site”) which offers a venue to connect employers (those seeking care services) with individuals seeking to provide care services. In addition, FrannyCares may in the future launch and/or operate one or more mobile applications providing similar functionality via mobile devices (the “Application”). Neither the Site nor the Application is intended to allow individuals to find care for themselves or others, and use of the Site or Application in that manner is prohibited. User understands and agrees that FrannyCares has no control over the acts or omissions of any User or any other party on or off the Site and that FrannyCares makes no representations or warranties about the quality of the care services provided by any User or any other party. User understands and agrees that FrannyCares is not responsible for the performance or conduct, whether on or off the Site, of any User or other third party. As such, FrannyCares expressly disclaims, and each User expressly releases FrannyCares from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the Site and/or the Application, including without limitation any acts and/or omissions of Users or any other third parties on or off the Site. FrannyCares does not warrant—and specifically disclaims—that any applicant appearing on this site or provided from the site and sent directly into an employer applicant tracking system has consented to be contacted by phone or that their phone number or email is current and up to date. This venue is being presented on an “as is” basis. Employers, recruiters and any other users of this site are solely responsible for obtaining the permissions necessary under state and federal law to contact any applicant.
3. Transactions Release; Certain Programs. FrannyCares expressly disclaims, and each User expressly releases FrannyCares from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to disputes (i) between Users, and (ii) between and/or among Users and any third parties with which any User may enter into a business relationship via the Site and/or Application. FrannyCares may, from time to time, offer programs, opportunities and/or other services within the care services industry generally, and User understands, agrees and acknowledges that no such program, opportunity or service shall change the fact that User remains solely responsible for performing its, his or her own due diligence in respect of hiring any individual or obtaining employment within any organization (including, without limitation, ensuring each such individual holds all necessary licenses in good standing). FrannyCares is not responsible or liable in any way for any claims or damages that may arise out of (a) any potential caregiver falsifying records, (b) any potential caregiver or employer not honoring any agreement it, he or she may have entered into with the other or any other actions taken by any User, or (c) any theft, crime or other action taken by any potential caregiver or employer, at any event or in connection with any service provided or administered by FrannyCares. FrannyCares makes no representations or warranties to any User or any other party regarding the background, integrity, skill set or capabilities of any employer, caregiver or any other third party. For purposes of clarity, User (i) shall be solely responsible for performing full background checks and otherwise screening all caregivers, and (ii) agrees and acknowledges that FrannyCares is not responsible or liable in any way for any actions taken or information provided or omitted by any caregiver. It is the sole responsibility of the User to ensure its employment policies and practices meet state and federal requirements. FrannyCares is not responsible for the content of the User’s job descriptions or invitations to interview. FrannyCares may make recommendations with respect to content, but it is the sole responsibility of User to ensure its content meets state and federal employment law requirements. Additionally, FrannyCares is not responsible for the usage of data or the result of strategies implemented due to the usage of data from reports, webinars, white papers, or other types of learnings shared on the website via account reps, or via conferences or webinars.
By using the Site or Application, User understands and agrees that FrannyCares may rely on the above Eligibility Conditions representations and warranties, together with all other representations and warranties set forth herein, as true. User understands and agrees that FrannyCares may revise the Eligibility Conditions from time to time and require new conditions and certifications and that User will abide by such revised Eligibility Conditions or discontinue using the Site and Application.
User understands and agrees that FrannyCares does not independently verify that any or all of the Eligibility Conditions are met by any other Users. User understands and agrees to make its own decisions and assessments about persons to engage, potential employment opportunities and/or any other business relationship which may result from using the Site and/or the Application. If FrannyCares becomes aware of violations to the Eligibility Conditions by any User, it may suspend and/or terminate such User’s membership with or without notice; provided, that FrannyCares shall not, under any set of circumstances, be required to investigate compliance with Eligibility Conditions or otherwise verify the veracity and/or accuracy of any information provided by any User to FrannyCares. Each such suspended and/or terminated User agrees to make no further use of the Site after termination or during suspension. Additionally, User agrees that following any suspension or termination of User’s membership, access or account, FrannyCares may send a notice to other users with whom FrannyCares believes User interacted or corresponded through FrannyCares or the public regarding such suspension or termination. FrannyCares expressly disclaims, and each User expressly releases FrannyCares from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (W) any inaccuracy, untimeliness or incompleteness of a User’s Eligibility Conditions; (X) any inaccuracy, untimeliness or incompleteness of information set forth in any the Consumer Report (defined below) or any other report regarding any User; (Y) misstatements and/or misrepresentations made by any Users; and/or (Z) FrannyCares making any statement to other users or the public about the suspension or termination of User’s membership, access or account.
User understands and agrees that FrannyCares will present User with interview and career opportunities as it sees fit and that FrannyCares is under no obligation to do so solely because User has agreed to these terms. User further agrees that FrannyCares may at its sole discretion determine that a User is not fit for a career opportunity.
5. Consumer Reports. FrannyCares does not perform background, sex offender registry, nurse aide abuse registry, excluded provider, motor vehicle records, employment verification, identification verification or reference checks on users (collectively “Consumer Reports”), and does not receive or interpret the results of any Consumer Reports on users. It is up to the individual user/employer to perform its own Consumer Report on any potential employee.
6. Use of the Site and Application. User agrees to use the Site and Application in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Site and/or Application that FrannyCares, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. FrannyCares reserves the right to suspend and/or terminate any User with or without notice at any time in its sole discretion, for any reason or no reason. Each such suspended and/or terminated User agrees to make no further use of the Site and/or Application after termination or during suspension. User understands and agrees not to, and not to permit or encourage anyone else to:
Post URLs or links to web sites other than to recruitment related pages on your company web site;
Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
Use the Site or Application for any purpose that is in violation of local, state, national, or international law, including without limitation wage/hour and working condition laws and regulations;
Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
Take any action that would undermine any aspect of the Site or Application;
Attempt to gain unauthorized access to the Site or Application, other User accounts, or other device, computer system or networks connected to the Site or Application;
Advertise or offer to sell any goods or services for any commercial purpose on the Site or through the Application that are not appropriate or relevant to the Site or Application;
Conduct or forward pyramid schemes, chain letters, surveys or contests on or through the Site or Application, except where sponsored or created by FrannyCares;
Impersonate another person or allow any other person or entity to use your user name, password or membership;
Post the same content repeatedly or spam – spamming is strictly prohibited;
Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Site or Application;
Access, download, or copy any information, content and/or materials from the Site or Application through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Site or Application; or
Restrict or inhibit any other User from using and enjoying the Site or Application.
FrannyCares reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to FrannyCares in its sole discretion. User may report any alleged improprieties by any User to FrannyCares by email at email@example.com.
7. Account Security. User is responsible for maintaining the confidentiality of passwords and account information for the Site and User is fully responsible for all activities that occur under User’s account. User agrees to immediately notify FrannyCares of any unauthorized use of accounts or any other breach of security. User shall be solely responsible for maintaining all user names and passwords provided to User.
9. COPPA Compliance. Each of the Site and the Application is intended for people 18 and older. FrannyCares will not knowingly collect any information from children under the age of 13. FrannyCares expressly disclaims, and each User expressly releases FrannyCares from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to any misrepresentations regarding the age of any User. FrannyCares reserves the right to suspend and/or terminate with or without notice the membership of any User who it believes has provided false information when registering for and/or using the Site and/or Application and each User agrees to make no further use of the Site or Application after termination and/or during suspension.
User represents and warrants that it is the owner or licensee or otherwise has the right to disclose such User Information and, in exchange for being permitted to use the Site and/or Application, User grants to FrannyCares an irrevocable, perpetual, non-exclusive, fully-paid, world-wide, transferable, sub-licensable license to use, copy, perform, display, reproduce, adapt, modify, and distribute such User Information and to prepare derivative works of, or incorporate into other works and to grant sublicenses to any of the above.
User, by accepting this Agreement and/or making any use of the Site or FrannyCares services, hereby (i) agrees and acknowledges that any information, content or data submitted by User to FrannyCares or otherwise input into the Site or any FrannyCares software platform, including without limitation, first and last name, email and resume data (collectively, “Submitted Information”), may be used by FrannyCares to perform services and/or to send commercial and/or other types of email to User in connection with providing FrannyCares services and/or advertising other products or services to User, (ii) agrees and acknowledges that Submitted Information may also be provided or sold to third parties to either assist FrannyCares in providing services to User or to allow any such third party to either send commercial and/or advertising emails to User or to assist third party advertisers in sending commercial and/or advertising emails and/or promotions to User, and (iii) consents and opts-in to receiving commercial emails from FrannyCares and to the transfer by FrannyCares of any such commercial emailing rights to one or more third parties to allow such third parties to send promotional, commercial and/or advertising emails or other communications to User. User may, at any time, elect to revoke the above-described consent and opt-in by sending an email to privacy@frannycares and including “Opt Out” in the Subject line. FrannyCares is not responsible for the usage of data or the result of strategies implemented due to the usage of data.
11. Prohibited Uses. Neither the Site nor the Application may be used by any individual that is not associated with or seeking to become associated with a company or organization that engages, or intends to engage, care providers, either in-home or through a separate facility. FrannyCares is not intended for personal use.
12. Billing and Payment Policy. You agree to pay to FrannyCares any fees for each product or service you purchase or use, in accordance with the pricing and payment terms in your Agreement. Services are billed via credit card unless mutually agreed in writing between you and FrannyCares. You are responsible for ensuring that the credit card associated with your account is up to date and that you are authorized to use that credit card. FrannyCares reserves the right to implement fraud-protection measures including, without limitation, temporarily charging small amounts to your credit card to determine that it is a valid credit card and you are authorized to use it. Fees paid by you are non-refundable, except as provided in these Terms or Use, your Agreement or when required by law. Some of our products are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed on a recurring, periodic basis (each period is called a “billing cycle”). Some of our services are billed based on the number of candidate matches and the fee outlined in your Agreement. Billing cycles are weekly, monthly or annual, depending on what subscription plan you select when purchasing a Subscription online or through a FrannyCares representative. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal. You may cancel a non-contractual package within 72 hours notice of your renewal date, in which case your Subscription will continue until the end of that billing cycle before terminating. All cancel notifications must be sent in writing via email to firstname.lastname@example.org. Subscriptions paid monthly or subscriptions paid annually with a 12-month contractual period can be canceled in the event of bankruptcy, but cannot be canceled under any other circumstances. FrannyCares may change the fees charged for the services at any time, provided that, for services billed on a subscription basis, the change will become effective only at the end of the contractual period. For services without a contractual agreement, fees can be changed at any time and reasonable notice will be given prior to the implementation of the new fees. Upon registration for a paid subscription or any other purchase at the Site or through the Application, User agrees to pay FrannyCares at the prices then in effect, and User authorizes FrannyCares to charge its chosen credit card or other payment provider in connection therewith. FrannyCares reserves the right to correct any payment errors even if it has already requested and/or received payment.
FrannyCares may use third party payment processing services to process credit card information. While FrannyCares will use commercially reasonable efforts to protect the privacy of all personal and financial information, FrannyCares expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to FrannyCares’ use of third party payment processing services, including without limitation for any damage that may result should any such information be released to any third parties. For further information about FrannyCares’ use of payment processing services, please contact your FrannyCares Account Representative and email inquires to email@example.com
13. No Professional Advice; Information Only. Any information, materials, content and/or advice on the Site or within the Application, including all social channels, are for informational purposes only. Any trend reports and/or similar reports created and/or published by FrannyCares from time to time may contain errors and/or inaccuracies. FrannyCares is not a care provider and/or employment placement agency. If Users have specific concerns or a situation arises requiring professional advice, Users should consult with an appropriately-trained and qualified professional. FrannyCares expressly disclaims, and each User expressly releases FrannyCares from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to the information, materials and content on the Site and/or Application, including without limitation on the all social channels including Facebook, Twitter, Pinterest, and other similar services.
The service marks, trademarks, logos and trade names appearing on this Site or within the Application are owned by FrannyCares or are appearing on the Site and/or Application with permission of the respective owners and User acknowledges the rights of FrannyCares and the respective third parties therein. User may not copy or use any of these service marks, trademarks, logos or trade names without the prior written permission of the owner.
17. Copyright Complaints and Copyright Agent. It is FrannyCares’ policy to terminate any User who infringes the rights of others upon receipt of notification to FrannyCares by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. Upon receipt of proper and valid notice of claimed infringement under the DMCA, FrannyCares will respond to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. If you believe that your work has been copied and posted on or made accessible through the Site or Application in a way that constitutes copyright infringement, please provide FrannyCares’ designated agent with the following information:
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work or other intellectual property that is claimed to have been infringed, including the URL (Internet address) or other specific location on the Site or Application where the material the User claims is infringed is located. Include enough information to allow FrannyCares to locate the material;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
A statement by you made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
FrannyCares’ Copyright Agent for Notice of Claims of Copyright Infringement can be reached at the following address: by email firstname.lastname@example.org with the subject line “DMCA”
18. Notice of Availability of Filtering Software. Pursuant to the Communications Decency Act, all Users are hereby informed by FrannyCares, the provider of this interactive computer service, that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors.
20. U.S. Export Controls. The Site and Application are subject to United States export controls. No part of the Site or Application may be exported or re-exported into any country to which the U.S. has embargoed goods or 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 using the Site or Application, User represents and warrants that User is not located in, under the control of, or a national or resident of any such country or on any such list.
23. Modifications to the Site or Application. FrannyCares reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or Application and/or any information, materials or content on the Site or Application with or without notice to Users. User agrees that FrannyCares shall not be liable to User or any third party for any modification or discontinuance of the Site or any portion thereof. User acknowledges that the Site and/or Application may be down from time to time for routine maintenance and/or any number of other reasons, and under no circumstances shall FrannyCares be responsible or liable in any way for any such downtime. You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Site and/or the Application.
25. Disclaimer of Warranties. EACH OF THE SITE AND THE APPLICATION IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTABILITY, NON-INFRINGEMENT, UPTIME, DOWNTIME, FITNESS FOR A PARTICULAR PURPOSE OR AS TO THE RESULTS THAT USER MAY ACHIEVE ON ACCOUNT OF USING THE SITE AND/OR APPLICATION. USER EXPRESSLY AGREES THAT USE OF THE SITE AND APPLICATION IS AT USER’S SOLE RISK. FRANNYCARES DOES NOT REPRESENT, OR WARRANT, AND FURTHER DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH, THE FOLLOWING: (A) THAT ACCESS TO THE SITE OR APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SITE OR APPLICATION WILL BE RELIABLE, ACCURATE, TIMELY OR COMPLETE; (C) THE PROPER CONDUCT, WHETHER ON OR OFF THE SITE, OF ANY USERS OR ANY OTHER THIRD PARTY; AND (D) THE USE OF PHONE SUPPORT SERVICES. FRANNYCARES DOES NOT REPRESENT OR WARRANT THAT THE SITE OR APPLICATION IS FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK. FRANNYCARES CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. FRANNYCARES SHALL NOT BE LIABLE FOR, AND EACH USER EXPRESSLY RELEASES FRANNYCARES FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SITE OR APPLICATION.
26. Assumption of Risk. User assumes all risks when using the Site and/or Application, including without limitation all of the risks associated with any online or offline interactions with other Users. User agrees to take all necessary precautions when interacting with other Users. In addition, FrannyCares shall not be liable to You for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control.
27. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL FRANNYCAES BE LIABLE TO USER OR ANY OTHER USER OR THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE AGGREGATE LIABILITY OF FRANNYCARES TO ANY USER WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY USER IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. NO CLAIM MAY BE ASSERTED MORE THAN TWELVE (12) MONTHS FOLLOWING THE DATE ON WHICH SUCH CLAIM FIRST AROSE.
28. Notice. Any notice or other communication to be given hereunder shall be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail to the address listed below.
29. Arbitration Agreement. Important Note Regarding this Arbitration Agreement:
Except as provided below, arbitration does not limit or affect the legal claims you may bring against FrannyCares. Agreeing to arbitration only affects where any such claims may be brought and how and by whom they will be resolved.
Arbitration is a process of private dispute resolution that does not involve the civil court, a civil judge, or a jury. Instead, the parties’ dispute is decided by a private arbitrator selected by the parties using the process set forth herein. Other arbitration rules and procedures are also set forth herein.
IMPORTANT: This Arbitration Agreement will require you to resolve any covered legal claim that you may have against FrannyCares on an individual basis, except as provided below, pursuant to the Arbitration Agreement, unless you choose to opt out of the Arbitration Agreement. Except as provided below, this Arbitration Agreement will preclude you from bringing any class, collective or representative action against FrannyCares, and also precludes you from participating in or recovering relief under any current or future class, collective, or representative action brought against FrannyCares by someone else.
WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD NOT RELY SOLELY UPON THE INFORMATION PROVIDED IN THIS ARBITRATION AGREEMENT AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS – INCLUDING BUT NOT LIMITED TO AN ATTORNEY – REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.
Mediation. In an attempt to amicably resolve disputes before they go to arbitration, the parties agree that any otherwise arbitrable claim shall be mediated initially, and if mediation fails to result in a formal settlement of the dispute, then the parties shall proceed to final and binding arbitration. The statute of limitations shall be tolled during any mediation conducted pursuant to this Arbitration Agreement.
Arbitration. This Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) and evidences a transaction involving interstate commerce. This Arbitration Agreement applies to any dispute arising out of or related to this Agreement or termination of this Agreement, and/or any Agreement to which you may be or become a party (including any addenda to such agreements, if any, which may be incorporated by reference therein), and survives after this Agreement terminates. Nothing contained in this Arbitration Agreement shall be construed to prevent or excuse you from utilizing any informal procedure for resolution of complaints established in this Agreement (if any), and this Arbitration Agreement is not intended to be a substitute for the utilization of such procedures. Except as it otherwise provides, this Arbitration Agreement is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before any forum other than arbitration, with the exception of proceedings that must be exhausted under applicable law before pursuing a claim in a court of law or in any forum other than arbitration. Except as it otherwise provides, this Arbitration Agreement requires all such disputes to be resolved only by an arbitrator through final and binding arbitration on an individual basis only and not by way of court or jury trial, or by way of class, collective, or representative action.
Except as provided in Subsection vi. below, such disputes include without limitation disputes arising out of or relating to interpretation or application of this Arbitration Agreement, including the enforceability, revocability or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judge.
Except as it otherwise provides, this Arbitration Agreement also applies, without limitation, to all disputes between you and FrannyCares as well as all disputes between you and FrannyCares’s fiduciaries, administrators, officers, members, directors, affiliates, subsidiaries, parents, and all successors and assigns of any of them (each of whom is expressly made an intended third party beneficiary of this Agreement), including but not limited to any disputes arising out of or related to this Agreement and disputes, past, present or future, arising out of or related to your relationship with the FrannyCares, how that relationship is classified, described or defined in this Agreement, and including termination of the relationship. This Arbitration Agreement also applies, without limitation, to disputes regarding privacy, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, termination, harassment and claims arising under the Fair Credit Reporting Act, Defend Trade Secrets Act, Title VII of the Civil Rights Act of 1964, Equal Pay Act, Rehabilitation Act, 42 U.S.C. § 1981, Civil Rights Acts of 1866 and 1871, the Civil Rights Act of 1991, the Pregnancy Discrimination Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for claims for employee benefits under any benefit plan sponsored by the Company and (a) covered by the Employee Retirement Income Security Act of 1974 or (b) funded by insurance), Affordable Care Act, Genetic Information Non-Discrimination Act, Uniformed Services Employment and Reemployment Rights Act, Worker Adjustment and Retraining Notification Act, Older Workers Benefits Protection Act of 1990, Occupational Safety and Health Act, Consolidated Omnibus Budget Reconciliation Act of 1985, False Claims Act, state or local statutes or regulations addressing the same or similar subject matters, and all other federal, state or local statutory and legal claims arising out of or relating to your relationship with FrannyCares or the termination of that relationship (including without limitation torts and post-termination defamation or retaliation).
This Arbitration Agreement is intended to require arbitration of every claim or dispute that lawfully can be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the Arbitration Agreement.
Limitations on How This Arbitration Agreement Applies. The disputes and claims set forth below shall not be subject to arbitration and the requirement to arbitrate set forth in this Arbitration Agreement shall not apply to:
Claims for workers compensation, state disability insurance, and unemployment insurance benefits.
Regardless of any other terms of this Arbitration Agreement, nothing prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, and nothing in this Agreement or Arbitration Agreement prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement.
Nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration.
Disputes that may not be subject to a predispute Arbitration Agreement pursuant to applicable Federal law are excluded from the coverage of this Arbitration Agreement.
A party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy in accordance with applicable law, and any such application shall not be deemed incompatible with or waiver of this Arbitration Agreement. The court to which the application is made is authorized to consider the merits of the arbitrable controversy to the extent it deems necessary in making its ruling. All determinations of final relief, however, will be decided in arbitration.
Selecting the Arbitrator and Location of the Arbitration. Unless you and FrannyCares mutually agree otherwise, the arbitrator shall be an attorney licensed to practice in the location where the arbitration proceeding will be conducted or a retired federal or state judicial officer who presided in the jurisdiction where the arbitration will be conducted. Except as provided below, the arbitration will be conducted in accordance with the JAMS Streamlined Arbitration Rules & Procedures (“JAMS Rules”); however, if there is a conflict between the JAMS Rules and this Arbitration Agreement, this Arbitration Agreement shall govern. The JAMS Rules are available here: http://www.jamsadr.com. If for any reason JAMS will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral Arbitrator.
Starting the Arbitration. The location of the arbitration proceeding shall be no more than 45 miles from the place where you last accessed the Site or provided or received any Services under this Agreement, unless each party to the arbitration agrees in writing otherwise. All claims in arbitration are subject to the same statutes of limitation that would apply in court. The party bringing the claim must demand arbitration in writing and deliver the written demand by hand or first class mail to the other party within the applicable statute of limitations period. The demand for arbitration shall include identification of the parties, a statement of the legal and factual basis of the claim(s), and a specification of the remedy sought. Any demand for arbitration made to FrannyCares shall be provided to FrannyCares Inc. 2748 Pacific Coast Highway #1046 Torrance, CA 90505.The arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration.
How Arbitration Proceedings Are Conducted and Class Action Waiver. The parties will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes, and any disputes in this regard shall be resolved by the arbitrator. The arbitrator may issue orders (including subpoenas to third parties) allowing the parties to conduct discovery or for attendance at the arbitration hearing.
You and FrannyCares agree to resolve any dispute that is in arbitration on an individual basis only, and not on a class, collective, consolidated or representative action basis (“Class Action Waiver”). The arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the JAMS Rules, disputes regarding the enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective, and/or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.
While FrannyCares will not take any retaliatory action in response to any exercise of rights you may have under Section 7 of the National Labor Relations Act, if any, FrannyCares shall not be precluded from moving to enforce its rights under the Federal Arbitration Act to compel arbitration on the terms and conditions set forth in this Agreement.
Paying for Arbitration. Each party will pay the fees for his, her, or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law (e.g., a party prevails on a statutory claim that provides for the award of reasonable attorney fees to the prevailing party). However, FrannyCares will pay the arbitrator’s and arbitration fees.
The Arbitration Hearing and Award. The parties will arbitrate their dispute before the arbitrator, who shall confer with the parties regarding the conduct of the hearing and resolve any disputes the parties may have in that regard. Within 30 days of the close of the arbitration hearing, or within a longer period of time as agreed to by the parties or as ordered by the arbitrator, any party will have the right to prepare, serve on the other party and file with the arbitrator a brief. The arbitrator may award any party any remedy to which that party is entitled under applicable law, but such remedies shall be limited to those that would be available to a party in his or her individual capacity in a court of law for the claims presented to and decided by the arbitrator, and no remedies that otherwise would be available to an individual in a court of law will be forfeited by virtue of this Arbitration Agreement. The arbitrator will issue a decision or award in writing, stating the essential findings of fact and conclusions of law. A court of competent jurisdiction shall have the authority to enter a judgment upon the award made pursuant to the arbitration.
Your Right To Opt Out Of Arbitration. Arbitration is not a mandatory condition of your contractual relationship with FrannyCares. If you do not want to be subject to this Arbitration Agreement, you may opt out of this Arbitration Agreement by notifying FrannyCares in writing of your desire to opt out of this Arbitration Agreement, either by (1) sending, within 30 days of the date this Agreement is executed by you, electronic mail to privacy@myCNAjobs.com, stating your name, address and intent to opt out of the Arbitration Agreement or (2) by sending a letter by U.S. Mail, or by any nationally recognized delivery service (e.g, UPS, Federal Express, etc.), or by hand delivery to: FrannyCares Inc. 2748 Pacific Coast Highway #1046 Torrance, CA 90505
In order to be effective, the letter under option (2) must clearly indicate your intent to opt out of this Arbitration Agreement, and must be dated and signed. The envelope containing the signed letter must be received (if delivered by hand) or post-marked within 30 days of the date this Agreement is executed by you. Your writing opting out of this Arbitration Agreement, whether sent by options (1) or (2), will be filed with a copy of this Agreement and maintained by FrannyCares. Should you not opt out of this Arbitration Agreement within the 30-day period, you and FrannyCares shall be bound by the terms of this Arbitration Agreement. You have the right to consult with counsel of your choice concerning this Arbitration Agreement. You understand that you will not be subject to retaliation if you exercise your right to assert claims or opt-out of coverage under this Arbitration Agreement.
Full and Complete Agreement Related To Formal Resolution of Disputes; Enforcement Of This Agreement; Severability. This Arbitration Agreement is the full and complete agreement relating to the formal resolution of covered disputes. In the event any portion of this Arbitration Agreement is deemed unenforceable, it shall be severed, and the remainder of this Arbitration Agreement will be enforceable.
31. All content, including the jobs and profiles contained on FrannyCares, may have been created by Users over whom FrannyCares exercises no control. FrannyCares assumes no responsibility for the content created by Users.
32. Contact. FrannyCares may be contacted at:
By email: email@example.com
By mail: FrannyCares Inc. 2748 Pacific Coast Highway #1046 Torrance, CA 90505
By phone: (310) 494-6259