These Terms of Use (the “Agreement”)
apply to visitors (“you” or “your”) to the capyear.co, jobs.capyear.co,
academy.capyear.co, and similar websites (collectively the “Site”). The
Site is owned and operated by Parlez Holdings LLC, doing business as CapYear
and any affiliated entities (“CapYear” or “we,” “us,” or “our”). We offer
the Site from our location in Baltimore, Maryland. By accessing the Site,
you agree to the provisions of this Agreement.
PLEASE READ THIS
AGREEMENT CAREFULLY BEFORE USING ANY SERVICES OR PURCHASING ANY
PRODUCTS/SERVICES. IF YOU DO NOT AGREE WITH THIS AGREEMENT OR ANY OTHER
OF OUR POLICIES, YOU SHOULD NOT USE THE SERVICES OR PURCHASE ANY
PRODUCTS/SERVICES.
The Site enables users to: (a) review
jobs for candidates for healthcare jobs posted by employers; (b) show candidate
availability to employers; (c) sign up for programs offered by CapYear; and/or
(d) sign up to access CapYear content/training in connection with clinical
skills building, the application process for admission to a graduate medical
education program, or other professional development. The Site may offer
users the ability to obtain other products/services. CapYear does not
employ candidates and CapYear will have no responsibility for the payment of
any employment taxes, Medicare/Social Security withholding, or any other
benefit/cost associated with a candidate that an employer employs.
CapYear will also have no responsibility to any party for the content of any
materials posted on the Site by any party.
You agree that any information
submitted through the Site will be accurate and complete and will comply with
any rules and regulations that CapYear may put in place from time to time
concerning submission format and content. You agree to comply with any
and all applicable local, state and federal laws, statutes, rules, regulations,
ordinances and other provisions of law applicable to your respective conduct
and interactions through the Site and with any other party. You further
agree not to make direct contact outside the Site to arrange for a candidate to
become employed for a posted job without paying CapYear for fees due hereunder
or otherwise take any action to circumvent CapYear in connection with jobs
posted on the Site. Unless a candidate
is enrolled in a paid training program at CapYear, CapYear is designed
for candidates who are enrolled in or are recent graduates of accredited
bachelors degree programs in the United States whose actions and experience
have demonstrated a reasonable commitment to starting a career in
healthcare. CapYear will review candidates who have registered on the
Site and at its sole discretion has the right to remove profiles or rescind access
to the site without notice. If a
candidate is enrolled in a paid training program at CapYear, then access to the
Site and CapYear services will be governed by the catalog of the program the
student is enrolled in.
Users of the Site using the job
posting functionality will pay CapYear such fees as specified on the Site or as
agreed with CapYear, as amended from time-to-time. If you enroll in
CapYear content/training options, you agree to pay the applicable subscription
fees for such content/training made available by CapYear in accordance with the
rates set by CapYear, as amended from time-to-time. Fees for other
products/services may be added by CapYear from time to time. All fees are
generally non-refundable, unless otherwise indicated for a particular service.
CapYear will have no access to and in
no event will CapYear request that any party attempt to provide to CapYear any
health/treatment information that would be subject to confidentiality
restrictions concerning medical records; including, but not limited to, the
Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the
Health Information Technology for Economic and Clinical Health Act (“HITECH”)
and the regulations promulgated thereunder by the United States Department of
Health and Human Services. You will be responsible for your own
respective compliance with HIPAA, HITECH, and similar data privacy
requirements.
Some information that we request (such
as Social Security number, State-issued identification information, etc.) is
required by accreditation bodies and/or State oversight bodies for specific
services. You authorize us to share such information to the extent necessary to
provide the services you have requested and as required by applicable law. We will not sell this information or
otherwise share it with third parties.
From time to time, we may make updates
to the Site. You acknowledge that our Site is provided over the Internet
and mobile networks and so the quality and availability may be affected by
factors outside our reasonable control. Accordingly, we do not accept any
responsibility for any connectivity issues that you may experience when using
the Site. In addition, you acknowledge and agree that you (and not us) are
responsible for obtaining and maintaining all telecommunications, broadband and
computer hardware, equipment, and services needed to access and use the Site,
and for paying any data charges that may be charged to you by your network
provider in connection with your use of the Site.
You agree to use the Site only for
purposes that are permitted by this Agreement and in compliance with all
applicable laws, regulations, and generally accepted practices or guidelines in
the relevant jurisdictions. You may only use the Site for your non-exclusive,
non-assignable, non-transferable, and limited use, and no other purposes.
You will not (and will not attempt to):
- Gain unauthorized access to our computer system or engage
in any activity that interferes with the performance of, or impairs the
functionality or security of the Site, our services, our networks, and/or our
computer systems;
- Access the Site through any automated means or with any
automated features or devices (including use of scripts or web crawlers);
- Access or collect any personally identifiable information,
including any names, email addresses, or other such information for any
purpose, including, without limitation, commercial purposes;
- Reproduce, duplicate, copy, sell, trade, or resell any
aspect of the Site for any purpose; and
- Reproduce, duplicate, copy, sell, trade, or resell any
products or services bearing any trademark, service mark, trade name, logo, or
service mark owned by us in a way that is likely or intended to confuse the
owner or authorized user of such marks, names or logos.
- Post any content that violates any rules or regulations we
put in place from time to time.
- Post any content that violates the rights of any other
users or any other third party.
- Post or introduce any harmful code or features.
- Post any obscene or otherwise offensive or disrespectful
material.
- Post
any material that we deem offensive or disrespectful to other users.
You use this Site at your own risk.
You agree that you will be personally responsible for your use of this Site and
all of your communication and activity on the Site. If we determine, in our
sole discretion, that you engaged in prohibited activities, were not respectful
of other users, or otherwise violated this Agreement, we may remove any or all
of the material you post and/or deny you access to this Site on a temporary or
permanent basis, and any decision to do so is final.
If you participate in one of our
programs, you agree that such program may be recorded. You consent to the
recording (both audio and video) and you agree that CapYear may use such
recording in any medium for CapYear’s business purposes and may display/publish
such recording. You acknowledge and agree that CapYear will not be
obligated to you for any royalties or any other consideration in connection
with the recording, the use of the recording, and any display/publication of the
recording. If you provide a testimonial
about any of CapYear’s services, you acknowledge and agree that CapYear has a
right to use, display, or publish that testimonial in any medium for CapYear’s
business purposes. If you post jobs on the Site, you agree that CapYear
may post an employer’s name/logo on the Site and advertise and promote
employers that post jobs on the Site and the related positions in other
marketing channels (for example: social media, print media, etc.).
TO THE FULLEST EXTENT PERMISSIBLE
UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND
REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE AND
ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED
THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF,
(B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C)
WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE
AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS”
BASIS AND YOUR USE OF THE SITE IS AT YOUR OWN RISK.
You agree that in no event shall we be
liable to you, or any third party, for any lost profits, incidental,
consequential, punitive, special, or indirect damages arising out of or in
connection with the Site or this Agreement, even if advised as to the
possibility of such damages, regardless of whether the claim for such damages is
based in contract, tort, strict liability or otherwise. This limitation on
liability includes, but is not limited to, any (i) errors, mistakes, or
inaccuracies in any content on the Site or for any loss or damage of any kind
incurred by you as a result of your use of or reliance on such content; (ii)
the transmission of any bugs, viruses, Trojan horses or the like which may
infect your equipment, failure of mechanical or electronic equipment; (iii)
unauthorized access to or use of the Site or our secure servers and/or any
personal information and/or financial information stored therein; or (iv)
theft, operator errors, strikes or other labor problems or any event outside of
our control.
You agree to indemnify and
hold Parlez Holdings LLC, and its subsidiaries, affiliates, officers,
directors, agents, and employees, harmless from and against any suit, action,
claim, demand, penalty, or loss, including attorneys’ fees, arising out of
and/or related to your use of the Site; any products/services you obtain; any
breach by you of this Agreement; your violation of any law, regulation, order
or other legal mandates; or the rights of any third party.
We reserve the right to update and
revise this Agreement at any time. You will know if this Agreement has been
revised since your last visit to the Site by referring to the “Last Revised
Date” date at bottom of this page. Your use of our Site constitutes your
acceptance of this Agreement as amended or revised by us from time to time, and
you should, therefore, review this Agreement posted on the Site regularly.
We are not liable for any delays
caused by circumstances beyond our control, e.g., general labor disputes,
extreme weather, acts of war, fire, pandemics, lightning, terrorist attacks,
changed governmental orders, technical problems, defects in
power/communications networks, or other circumstances outside of our control.
This Agreement becomes
effective the date that you first access the Site and remains effective until
terminated consistent with the terms herein. We may terminate your access to
services at any time upon notice to you (by email to your email address in our
records). You may terminate your access to services by providing 10 days’
advance written notice to us. Violations of this Agreement may result in
the immediate termination of your access to the Site. Such restrictions may be
temporary or permanent. All disclaimers, limitations of liability, indemnities,
and rights of ownership and licenses to Parlez Holdings LLC shall survive any
termination.
When you visit the Site or send us
emails, you are communicating with us electronically. In so doing, you consent
to receive communications from us electronically. You agree that all
agreements, notices, disclosures, and other communications that we provide to
you electronically satisfy any legal requirement that such communication is in
writing.
A. Assignment. This
Agreement may not be assigned by you without the prior written consent of
CapYear.
B. Amendments; Waivers.
No amendment, modification, or waiver of any provision of this Agreement shall
be binding unless in writing and signed by CapYear and the party against whom
the operation of such amendment, modification, or waiver is sought to the
enforced. No delay in the exercise of any right shall be deemed a waiver
thereof, nor shall the waiver of a right or remedy in a particular instance
constitute a waiver of such right or remedy generally.
C. Notices. Any
notice or document required or permitted to be given under this Agreement shall
be deemed to be given on the date such notice is (i) for notices from CapYear
to you, sent to your email address in CapYear’s records; or (ii) for notices
from you to CapYear, deposited with a commercial overnight delivery service, to
CapYear at: 822 Guilford Avenue, Suite 1591, Baltimore, MD 21202; or such other
address or addresses as CapYear may designate from time-to-time by notice
satisfactory under this section.
D. Governing Law/Venue.
This Agreement shall be governed by the internal laws of the State of Maryland
without giving effect to the principles of conflicts of laws. Venue for
any disputes will be in the state or federal courts located in Baltimore City,
Maryland.
E. Binding Effect. This Agreement shall inure to the benefit of the respective heirs legal
representatives and permitted assigns of each party, and shall be binding upon
the heirs, legal representatives, successors and assigns of each party.
Any individual agreeing to the terms of this Agreement on behalf of an entity
or other organization represents and warrants that such individual is duly
authorized to act for such entity/organization and the obligations hereunder
will be those of such entity/organization.
F. Titles and Captions.
All articles, section and paragraph titles and captions contained in
this Agreement are for convenience only and are not deemed a part of the
context hereof.
G. Pronouns and Plurals.
All pronouns and any variations thereof are deemed to refer to the masculine,
feminine, neuter, singular or plural as the identity of the persons may
require.
H. Entire Agreement.
This Agreement constitutes the entire Agreement between the parties with
respect to the subject matter hereof and supersedes all prior agreements and
understandings with respect to such subject matter.
I. Severability. If
any provision of this Agreement shall be declared invalid or illegal for any
reason whatsoever, then, notwithstanding such invalidity or illegality, the
remaining terms and provisions of this Agreement shall remain in full force and
effect in the same manner as if the invalid or illegal provisions had not been
contained herein.
J. Cumulative
Rights/Remedies. All rights and remedies available to each party
under this Agreement shall be cumulative and in addition to any other rights or
remedies to which such party may be entitled at law or in equity.
For general questions,
complaints, or inquiries, kindly send an email to us at:
careteam@capyear.co.
