Effective Date: December 3, 2024
PLEASE READ THESE MARKETPLACE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITE, APP, OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE MARKETPLACE TERMS, WHICH CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION AND JURY TRIAL WAIVER IN SECTION 22 (COLLECTIVELY, THE “ARBITRATION AGREEMENT”). THESE PROVISIONS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS, COURT TRIALS, OR CLASS, COLLECTIVE, OR REPRESENTATIVE ACTIONS OR PROCEEDINGS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Welcome to CareRev. CareRev’s online marketplace (including www.carerev.com, the CareRev iOS app, and the CareRev Android app, collectively the “Marketplace”) is owned and operated by Care.Stat!, Inc. and its affiliates (“CareRev,” “we,” “us,” or “our”). Our Marketplace enables qualified Healthcare Professionals seeking to provide professional healthcare and other services (“Healthcare Services”) to engage with Healthcare Facilities in need of Healthcare Services. By accessing or using our Marketplace or any content, functionality, or services offered on or through our Marketplace, you agree to be legally bound by these Marketplace Terms of Use (“Marketplace Terms” or “TOU”), as may be amended from time to time, along with any documents, policies, and guidelines incorporated by reference. Some important definitions:
“User(s),” “you,” or “your” means any individual who accesses or uses the Marketplace, whether registered or not, including individuals acting on behalf of legal entities. If you are accessing or using the Marketplace on behalf of a legal entity, you represent and warrant that you have the authority to agree to these Marketplace Terms on behalf of that entity.
“Healthcare Professional(s)” means any independent healthcare worker registered with or otherwise utilizing the Marketplace. Examples of Healthcare Professionals include registered nurses, licensed practical nurses, medical technicians, and certified nursing assistants.
“Healthcare Facility(ies)” means any independent healthcare system or facility (or any vendor management system, managed service provider, or other party acting on behalf of a healthcare system or facility) registered with or otherwise utilizing the Marketplace.
We reserve the right to modify, suspend, or discontinue any part of the Marketplace at any time. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Marketplace.
We may modify these Marketplace Terms at any time. Any changes will be effective immediately upon posting to the Marketplace (available at: https://www.carerev.com/terms-of-use), with an updated effective date; provided, however, any changes will not apply to any arbitration pending at the time the change is made. If you do not agree to the current version of these Marketplace Terms, you must stop using the Marketplace immediately.
Your continued use of the Marketplace following the posting of the revised Marketplace Terms means that you accept and agree to the changes. You are expected to check this page each time you access our Marketplace so you are aware of any changes, as they are binding on you.
All Users of the Marketplace are bound by these Marketplace Terms, regardless of whether you have registered an account with us or are accessing the Marketplace as a visitor. Upon registration of an account, Healthcare Professionals and Healthcare Facilities will be subject to additional agreements and contractual terms specifically tailored to govern such relationships. Please note that those specific agreements and terms will, in the event of a conflict with these Marketplace Terms, control over the terms outlined herein concerning your use of our Marketplace.
Nothing in these Marketplace Terms will be construed to create a partnership, joint venture, employer-employee, or agency relationship between CareRev and any User of the Marketplace, including any Healthcare Professional.
A Healthcare Professional may work for themselves as an independent contractor or be employed by a “W2 Workforce Provider,” which is an independent third-party staffing company, nurse agency, or other similar company registered with the Marketplace.
Regardless of the ability to be employed by a W2 Workforce Provider, all Healthcare Professionals are independent contractors of CareRev and are not employees, agents, or representatives of CareRev. Healthcare Professionals acknowledge and agree that claiming or working a shift posted by a Healthcare Facility on the Marketplace will not, under any circumstances, create an employment relationship between CareRev and the Healthcare Professional or between a Healthcare Facility and the Healthcare Professional. Each Healthcare Professional is solely responsible for setting their work schedules, providing the tools and instruments necessary to perform their services, and ensuring compliance with all applicable laws and regulations governing their professional practice, including abiding by the standards of licensing boards, certifying authorities, or professional specialty boards governing their practice. CareRev does not and has no right to (i) supervise, direct, or control any Healthcare Professional, including in their performance of any Healthcare Services at any Healthcare Facility, (ii) employ, hire, discipline, or fire any Healthcare Professional, (iii) set the conditions of employment of any Healthcare Professional, including work schedules, benefits, or compensation as applicable, or (iv) direct any Healthcare Professional to accept or reject any shift or engagement.
Similarly, Healthcare Facilities and W2 Workforce Providers are independent third-party entities and are not partners, joint venturers, agents, affiliates, or subsidiaries of CareRev. Both Healthcare Professionals and Healthcare Facilities acknowledge and agree that CareRev: (a) is merely a technology services provider making this Marketplace available for Healthcare Professionals and Healthcare Facilities to interact, (b) is not a party to the actual transaction of Healthcare Services between Healthcare Professionals and Healthcare Facilities, (c) is not the seller or provider of any Healthcare Services, (d) does not provide, assign, refer, or employ Healthcare Professionals, and (e) is not a staffing agency, nurse agency, or healthcare service provider. CareRev holds no liability for the actions or omissions of any Healthcare Professional, W2 Workforce Provider, or Healthcare Facility in connection with the Marketplace or any Healthcare Services.
This Marketplace is offered and available to Users 18 years of age or older who reside in the United States or any of its territories or possessions. By using this Marketplace, you represent and warrant that you are of legal age to form a binding contract with CareRev and meet all of the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Marketplace.
Our Marketplace is controlled, operated, and administered from our offices in the United States of America. We make no representation that the Marketplace is appropriate or available for use at locations outside the United States, and access to it is prohibited from territories where the Marketplace or services available through the Marketplace are illegal. Access to the Marketplace may not be legal by certain persons or in certain countries. You may not use the Marketplace in violation of United States export laws and regulations. If you access the Marketplace from a location outside of the United States, you are responsible for compliance with all local laws if and to the extent local laws are applicable.
We reserve the right to change or discontinue this Marketplace and any service or content we provide on the Marketplace. We will not be liable if all or any part of the Marketplace is unavailable at any time or for any period. From time to time, we may restrict User access, including registered User access, to some parts of the Marketplace or the entire Marketplace. We may suspend your access to your User account with notice and without liability if, in our determination, you violate any provision of these Marketplace Terms or for a health, safety, regulatory, or legal reason. Either you or CareRev may terminate the independent contractor relationship or use of the Marketplace at any time by providing written notice to the other party or by any other agreed upon method for terminating use of the Marketplace.
You are responsible for both:
You may be required to register with CareRev to access certain services or areas of the Marketplace. It is a condition of your use of the Marketplace that all the information you provide on the Marketplace is correct, current, and complete. You agree that all information you provide to register with the Marketplace or otherwise, including, but not limited to, through the use of any interactive features on the Marketplace, is governed by our Privacy Policy (https://www.carerev.com/privacy), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose or are provided with a username, password, or any other information as part of our security procedures, you must treat such information as confidential. If you use the Marketplace, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to CareRev, we reserve the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our discretion, including if, in our opinion, you have violated any provision of these Marketplace Terms. Upon any such termination, your right to use the Marketplace will immediately cease.
You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
For any Healthcare Professional to use the Marketplace and engage with Healthcare Facilities, the Healthcare Professional must complete the following:
Any Healthcare Professional must maintain all necessary licenses, permits, registrations, and certifications required to provide Healthcare Services in their jurisdiction(s). You must immediately notify us in writing if any of the following occurs:
For the purposes of these Marketplace Terms, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress, and service mark rights, goodwill, trade secret rights, and any and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
The Marketplace and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, graphics, illustrations, images, logos, patents, trademarks, service marks, copyrights, photographs, video, and audio, and the design, selection, and arrangement thereof) and User Content belonging to other Users (the “CareRev Content”), and all Intellectual Property Rights related thereto, are the exclusive property of CareRev and its licensors, providers, distributors, and suppliers and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may access and use the Marketplace only in accordance with these Marketplace Terms. Nothing in these Marketplace Terms will be deemed to create a license in or under any such Intellectual Property Rights, and you will not sell, license, rent, modify, distribute, copy, reproduce, publicly display, publicly perform, publish, adapt, edit, or create derivative works of any CareRev Content.
Notwithstanding the restrictions on commercial use set forth herein, CareRev expressly permits the use of the Marketplace for the purpose of providing or obtaining Healthcare Services, including engaging, communicating, and transacting with other users, subject to the Prohibited Uses outlined in Section 13 below.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Marketplace in breach of the Marketplace Terms, your right to use the Marketplace will stop immediately and you must, at our option, return or destroy any copies of the CareRev Content you have made. No right, title, or interest in or to the Marketplace or any content on the Marketplace is transferred to you, and all rights not expressly granted are reserved by CareRev. Any use of the Marketplace not expressly permitted by these Marketplace Terms is a breach of these Marketplace Terms and may violate copyright, trademark, and other laws.
CareRev, “Care.Stat!,” “CareRev,” “CareRevolutions,” and all related names, logos, product and service names, designs, and slogans are trademarks of CareRev or its affiliates or licensors. You must not use such marks without the prior written permission of CareRev. All other names, logos, product and service names, designs, and slogans on this Marketplace are the trademarks of their respective owners.
For purposes of these Marketplace Terms, “User Content” refers to all forms of content, including but not limited to text, reviews, questions, feedback, comments, images, videos, information, Personal Data (as defined below), and other forms of media or communication that users post, upload, publish, submit, transmit, or include in their profile or on any public area of the Marketplace.
We claim no ownership rights over your User Content, and, as between you and us, it remains yours. CareRev has the right (but not the obligation) to remove any User Content on the Marketplace.
By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Marketplace, and subject to any applicable data privacy laws, you hereby expressly grant, and you represent and warrant that you have all rights necessary to grant, to CareRev a royalty-free, transferable, perpetual, irrevocable, non-exclusive, and worldwide license, with the right to grant and authorize sublicenses, to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Marketplace and CareRev’s (and its successors’) business, including, without limitation, for promoting and redistributing part or all of the Marketplace (and derivative works thereof) in any media formats and through any media channels.
CareRev takes no responsibility and assumes no liability for any User Content that you or any other User or third party submits, posts, displays, provides, or otherwise makes available on or through the Marketplace. You will be responsible for your User Content and the consequences of submitting it, posting it, displaying it, providing it, or otherwise making it available on or through the Marketplace, and you agree that we are acting only as a passive conduit for your online distribution of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that CareRev will not be liable for any damages you allege to incur as a result of or relating to any User Content.
CareRev may collect, maintain, process, and use, or you may provide to CareRev, diagnostic, technical, usage, and related data or information, including information about your computers, mobile devices, systems, and software (collectively, “Usage Data”). You agree that all Usage Data is owned solely and exclusively by CareRev, and, to the extent any ownership rights in or to the Usage Data vest in you, you hereby assign to CareRev all rights, title, and interest in and to the same. Accordingly, CareRev may use the Usage Data or any portion thereof for any lawful purpose, including, without limitation: (a) to provide and maintain the Marketplace, (b) to develop and improve the Marketplace, (c) to monitor your usage of the Marketplace, (d) for research and analytics and for CareRev’s other business purposes, and (e) to share analytics and other derived Usage Data with third parties, solely in deidentified or aggregated form. The Marketplace may contain technological measures designed to prevent unauthorized or illegal use of the Marketplace. You acknowledge and agree that CareRev may use these and other lawful measures to verify your compliance with these Marketplace Terms and to enforce CareRev’s rights, including all Intellectual Property Rights, in and to the Marketplace.
To the extent you provide any suggestions, recommendations, or other feedback relating to the Marketplace or any other CareRev products or services, (collectively, “Feedback”), such Feedback is non-confidential, and you hereby grant, and you represent and warrant that you have all rights necessary to grant, to CareRev a non-exclusive, perpetual, irrevocable, transferable, royalty-free, and worldwide license, with the right to grant and authorize sublicenses, to implement, use, modify, and otherwise exploit, in any way without restriction, the Feedback, without any fees, attribution, or other obligations to you or any third party.
You may use the Marketplace only for lawful purposes and in accordance with these Marketplace Terms. You agree not to use the Marketplace for any of the following:
Additionally, you agree not to:
CareRev may process information about Healthcare Professionals for legal, administrative, and operational purposes (“Personal Data”), which includes but is not limited to:
CareRev may also share this Personal Data of Healthcare Professionals with Healthcare Facilities, business partners, service providers (such as credential verification services, orientation/training providers, advisers, payroll administrators), regulatory authorities, potential or future employers (including W2 Workforce Providers), and/or governmental or quasi-governmental organizations. These organizations may use your Personal Data to provide the applicable services, and in some limited instances will use non-sensitive Personal Data (such as your name, phone number, and email address) for their own business or commercial purposes.
Note some portions of the Marketplace may also be public in nature, such as question-and-answer discussion boards, allowing other users of the Marketplace to see information such as your name and any other information you choose to share through those channels, including any documents or photos uploaded and shared with participants. Please do not provide Personal Data you would not want to be public.
By using the Marketplace, you acknowledge and consent to the collection, use, and disclosure of your Personal Data as outlined in our Privacy Policy and for the purposes described above, including the sharing of information with Healthcare Facilities, W2 Workforce Providers, and service providers, and for the integration with the technological platforms of our payment vendors and Healthcare Facilities.
By agreeing to these Marketplace Terms, you agree and consent to receive all forms of communications related to this Marketplace Terms, including agreements, notices, disclosures, and other important information (“Notices”), through electronic means. This includes, but is not limited to, receiving Notices via email, text messages to your mobile device, notifications within our mobile applications, or by posting Notices directly on the Marketplace.
Your ability to unsubscribe from electronically receiving these Notices depends on the nature of the Notice itself, as detailed below:
You agree that all Notices provided electronically satisfy any legal requirement that such communications be in writing. Notices are considered duly issued and received under these Marketplace Terms when:
Please ensure your contact information, including email address and mobile phone number, is current in our records to guarantee the delivery of these Notices.
By using the Marketplace, you agree that (i) your electronic signature or other form of electronic acceptance (e.g., checking an acceptance box or clicking “Sign Up,” “I Accept,” or similar) is the legal equivalent of your signature as if actually signed in writing; and (ii) no certification authority or other third-party verification is necessary to validate your electronic signature or other form of electronic acceptance, and the absence of such certification or third-party verification will not undermine the legal effectiveness of your electronic acceptance.
The information presented on or through the Marketplace is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
This Marketplace may include content provided by third parties, including CareRev Content provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by CareRev, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of CareRev. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
If the Marketplace contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Marketplace, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
YOUR USE OF THE MARKETPLACE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE MARKETPLACE IS AT YOUR OWN RISK. THE MARKETPLACE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CAREREV NOR ANY PERSON ASSOCIATED WITH CAREREV MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE MARKETPLACE. WITHOUT LIMITING THE FOREGOING, NEITHER CAREREV NOR ANYONE ASSOCIATED WITH CAREREV REPRESENTS OR WARRANTS THAT THE MARKETPLACE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MARKETPLACE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR MARKETPLACE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE MARKETPLACE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MARKETPLACE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, CAREREV HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CAREREV, ITS AFFILIATES, ITS LICENSORS, ITS SERVICE PROVIDERS, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OR ANY HEALTHCARE PROFESSIONAL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE MARKETPLACE, THE HEALTHCARE SERVICES, OR THESE MARKETPLACE TERMS, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER BASED ON TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You and CareRev agree that good-faith informal efforts to resolve disputes between you and CareRev often can result in a prompt, low-cost, and mutually beneficial outcome. You and CareRev therefore agree that, before either party demands arbitration against the other in connection with any dispute, controversy, or claim related to, arising from, or regarding your use of the Marketplace, your relationship with CareRev, your relationship with a Healthcare Facility, or these Marketplace Terms (including previous versions) (“Dispute”), you and CareRev will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve the Dispute informally.
Multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If you are represented by counsel, your counsel may participate in the conference, but you will also fully participate in the conference.
The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which will occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties.
Your address for such notices is the one associated with your account, with an email copy to the email address that you have provided to CareRev. CareRev’s address for such notice is:
Care.Stat!, Inc.
Attention: CareRev Legal
2108 N St, Ste 4037
Sacramento, CA 95816
legal@carerev.com
In the interval between a party receiving such notice and the informal dispute resolution conference, the parties will be free to attempt to resolve the initiating party’s claims. The statute of limitations and any filing fee deadlines will be tolled while the parties engage in the informal dispute resolution process required by this Section.
To initiate arbitration following the conclusion of the informal dispute resolution process required by this Section, a party must provide the other party with a written demand for arbitration as provided in Section 22.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. To the fullest extent permitted by applicable law, you and CareRev (each a “party” and collectively the “parties”) agree to arbitrate any and all disputes, controversies, or claims between a Healthcare Professional and CareRev, a Healthcare Facility and CareRev, a Healthcare Professional and a Healthcare Facility, a W2 Workforce Provider and CareRev, a W2 Workforce Provider and a Healthcare Professional, or a Healthcare Professional and CareRev jointly with any Healthcare Facility or W2 Workforce Provider that arise out of or relate to, directly or indirectly: (a) these Marketplace Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof, and including any previous versions, (b) access to or use of our Marketplace or any other service of ours, including receipt of any advertising, marketing, or other communications from us, (c) any transactions through, by, or using our Marketplace or any other service of ours, (d) the Healthcare Services, (e) the terms and conditions of a Healthcare Professional’s engagement at any Healthcare Facility, or (f) any other aspect of your relationship or transactions with us, directly or indirectly, as a User or consumer (each a “Claim” and collectively, “Claims”).
Third-Party Beneficiaries. For the avoidance of doubt, “Claims” includes claims by or against CareRev and claims by or against any Healthcare Facility or W2 Workforce Provider and includes any of our or their current or future parents, subsidiaries, affiliates, predecessors, or successors and any of our or these entities’ respective officers, directors, employees, insurers, or agents, each and all of which may enforce this Arbitration Agreement, including the Class Waiver, as direct or third-party beneficiaries. For clarity and without limiting the foregoing, the parties agree that any W2 Workforce Provider and any Healthcare Facility that a Healthcare Professional performs work at or for in connection with the Marketplace or these Marketplace Terms is an intended third-party beneficiary of this Arbitration Agreement, including the Class Waiver. In the event of a conflict between this Arbitration Agreement and the arbitration agreement of any W2 Workforce Provider where the scope of the dispute includes CareRev as a third-party beneficiary, the W2 Workforce Provider’s arbitration agreement shall control.
To the fullest extent permitted by applicable law, and subject to the exclusions described below, the Claims include, but are not limited to, claims of discrimination, harassment, retaliation, wrongful termination and unfair competition, wage and hour claims, equity claims, tort claims, contract claims, common law claims, and claims based upon any federal, state, or local ordinance, statute, regulation, or constitutional provision. This Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after your consent to these Marketplace Terms. However, if there are any Claims pending in court at the time of your acknowledgement and consent to these Marketplace Terms, then this Arbitration Agreement will not apply to those Claims. Instead, any applicable arbitration agreement and any applicable waiver of class, collective, or representative actions or proceedings prior to the pending Claim would apply. This Section shall survive the termination of these Marketplace Terms and the termination of your relationship with the Marketplace.
The parties agree that nothing in this Arbitration Agreement is intended to prevent either party from seeking and obtaining temporary or preliminary injunctive relief in court to prevent irreparable harm to their confidential information or trade secrets pending the conclusion of any arbitration; provided, however, this sentence is not a basis for injunctive relief against a Healthcare Professional.
This Arbitration Agreement does not apply to claims for workers’ compensation benefits, unemployment insurance benefits, state or federal disability insurance, claims that are subject to the exclusive jurisdiction of the National Labor Relations Board, claims related to sexual harassment and sexual assault arising under federal, state, or tribal law unless you elect to arbitrate these claims, or any other claims that have been expressly excluded from mandatory arbitration by the Federal Arbitration Act or a governing law not preempted by the Federal Arbitration Act. If either party brings both arbitrable and non-arbitrable claims in the same action or related actions, both agree that the non-arbitrable claims will be stayed until the conclusion of the arbitration, to the fullest extent permitted by law. This Arbitration Agreement does not restrict or preclude you from communicating with, filing an administrative charge or claim with, or providing testimony to any governmental entity about any actual or potential violation of law or obtaining relief through a government agency process, where required by law.
The parties agree that Claims will be resolved on an individual basis only, and not on a class, collective, or representative basis on behalf of other individuals or Healthcare Professionals, including under California’s Private Attorneys General Act (“PAGA”), to the fullest extent permitted by applicable law (“Class Waiver”). Any claim that all or part of the Class Waiver is invalid, unenforceable, unconscionable, void, or voidable may be determined only by a court. In no case may class, collective, or representative claims proceed in arbitration on behalf of other individuals or Healthcare Professionals.
The parties agree that to initiate an arbitration a party must provide the other party with a written demand for arbitration and file the demand with New Era ADR. The arbitration will be conducted by a single, neutral arbitrator and will be administered pursuant to the applicable New Era ADR Rules then in effect (available at: www.neweraadr.com) unless such Rules are in conflict with this Arbitration Agreement, in which case, the Arbitration Agreement in these Marketplace Terms will control. If the Claim(s) does not exceed $10,000, then the arbitration will be conducted solely based on documents and/or evidence the parties submit to the arbitrator, unless either party requests a hearing, or the arbitrator determines that a hearing is necessary. Should a hearing occur, either party may choose whether to participate by video conference or by telephone, providing flexibility to accommodate either party’s preferences. If the Claim(s) exceeds $10,000, the moving party’s right to a hearing will be determined by the applicable New Era ADR Procedures. Regardless of the amount in dispute and subject to the New Era ADR Procedures governing the arbitration, the arbitrator will have the discretion to order a reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. CareRev will bear all arbitration fees and administrative costs as required by applicable law. The arbitrator will have the power, upon a showing of cause, to seal records and protect the confidentiality of proceedings and the award. Each party will pay its own attorneys’ fees and costs not unique to arbitration when in arbitration, except that the arbitrator may award fees and costs to the prevailing party to the extent permitted by law. Any dispute as to whether a cost would have been required if the Claims were litigated in court will be resolved by the arbitrator. The arbitrator alone will have the authority to determine arbitrability including disputes about the formation, scope, applicability, enforceability, waiver, unconscionability, or validity of this Arbitration Agreement, except that any dispute concerning the scope or enforceability of the Class Waiver must be resolved by a court of competent jurisdiction. The parties agree not to engage in actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay or to increase the cost of dispute resolution. The arbitrator will be authorized to grant any relief or impose any sanctions available under Federal Rule of Civil Procedure 11, if applicable, or any applicable state law for either party’s violation of this requirement.
The arbitrator will apply the applicable substantive law in deciding the Claims at issue. Claims will be governed by their applicable statute of limitations and failure to demand arbitration within the prescribed time period will bar the claims as provided by law. The arbitrator will have the authority to award all remedies available at law and will issue a written decision that contains the essential findings and conclusions upon which the award is based. The parties understand and agree that the decision or award of the arbitrator will be final and binding upon the parties.
The parties understand and agree that the arbitration of Claims subject to this Arbitration Agreement will be instead of a trial before a court or jury. The parties further understand and agree that, by entering into this Arbitration Agreement, they are expressly waiving any and all rights to a trial before a court or jury regarding any Claims that they now have or that they may have in the future that are subject to arbitration under this Arbitration Agreement.
This Arbitration Agreement is enforceable under and governed by the Federal Arbitration Act. In the event that any portion of this Arbitration Agreement is held to be invalid, unconscionable, or unenforceable, that limited portion will be severed, and the remainder of this Arbitration Agreement will be given full force and effect. Notwithstanding any other provision of this Arbitration Agreement, under no circumstances will this Arbitration Agreement be construed to permit class, collective, or representative proceedings in arbitration.
You and CareRev understand and agree that, except as expressly set forth in this Arbitration Agreement and subject to any applicable Healthcare Professional Independent Contractor Terms between a Healthcare Professional and CareRev: (i) this Arbitration Agreement contains the complete agreement between you and CareRev regarding the subject matter herein and (ii) unless this Arbitration Agreement in its entirety is deemed void, unenforceable, or invalid, this Arbitration Agreement supersedes any prior or contemporaneous oral or written understandings or agreements on this subject. By using the Marketplace, you acknowledge and agree that you have read this Arbitration Agreement carefully, are bound by it, and are WAIVING ANY RIGHT TO HAVE A TRIAL BEFORE A COURT OR JURY OF ANY AND ALL CLAIMS SUBJECT TO ARBITRATION UNDER THIS ARBITRATION AGREEMENT.
No waiver by CareRev of any term or condition set out in these Marketplace Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CareRev to assert a right or provision under these Marketplace Terms will not constitute a waiver of such right or provision.
If any provision of these Marketplace Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Marketplace Terms will continue in full force and effect.
You may not assign or transfer these Marketplace Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Marketplace Terms without such consent will be null and of no effect. We may freely assign or transfer these Marketplace Terms without restriction. You also agree that if we assign, transfer, or subcontract any of our rights or obligations under these Marketplace Terms to any third party in writing, such third party may enforce the Marketplace Terms that are assigned, transferred, or sub-contracted. Subject to the foregoing, these Marketplace Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
All notices of copyright infringement claims should be emailed to CareRev’s legal department at legal@carerev.com. All other feedback, comments, requests for technical support, and other communications relating to the Marketplace should be directed to: help@carerev.com.
