Welcome to rphcareers.com Website and Platform Services (Website and Platform Services collectively, the “Services”) owned and operated by RPh Careers, LLC, a company located in Cleveland Ohio (“RPH””RPh Careers” “we” “us” “our”). We provide Services that assist licensed pharmacists pursue a new position to advance their careers and assist employers that need their expertise.
RPh Careers is not an employment agency, service or provider. RPh Careers will not participate in, or advise you in connection with, any job postings or additional Employer information. Employers are each responsible for compliance with all applicable employment laws, rules or regulations including, without limitation U.S. Equal Employment Opportunity Commission (“EEOC”).
“Account” means a registered user account necessary to access the Services.
“Active Candidate” means a Candidate who sets the privacy settings as “Active/Public.”
“Candidate(s)” means an individual, who registers an Account to use the Services.
“Candidate Profile(s)” means the Personal Information and Professional Information that a Candidate chooses to provide during Account registration such as educational background, employment history and state and/or board licensure, certifications and degrees.
“Digital Resume” means an electronic resume that is created when a subscriber answers questions required to register for an Account and is exclusively owned by RPh Careers.
“Digital Resume Database” means the database of Digital Resumes, exclusively owned by RPh Careers, that Employers may access to search for Active Candidates.
“Employer(s)” means pharmacies, hospitals, private practices, educational institutions, and other entities that register an Account to access the Services.
“Employer Profile(s)” means information Employers or Recruiters provide when registering an Account.
“Job Database” means the online collection of job opportunities provided by Employers and Recruiters, exclusively owned and maintained by RPh Careers on the Website and the Platform Services.
“Personal Information” means personally identifiable information provided to register for an Account.
“Platform Services” “Services” means RPh Careers’ proprietary on-line platform including, without limitation, all Accounts, Profiles the Job Database and Digital Resume Database.
You are solely responsible for protecting the confidentiality of your unique Account password. You are responsible for all activity on and use of your Account, and you may not transfer your Account to any other person or entity. You agree to notify us immediately of any unauthorized use of your password or other credentials for your Account and any other suspected breach of security regarding your Account. If you discover or believe that your Account has been accessed or used without your authorization, please contact us at firstname.lastname@example.org.
3. EMPLOYER USE REQUIREMENTS
a. Employer Subscription Agreement
At its discretion, RPh Careers may require any employer or recruiter to enter into a separate written agreement with RPh Careers to access the Services.
b. Account Registration
Employers who register for an Account have access to the Services to: (i) post job opportunities to the Job Database;(ii) access the Digital Resume Database to review Candidate Digital Resumes and/or Profiles (if available).
c. Access to Services Information
Pursuant to the information and job qualifications included in your Account, RPh Careers will filter your search results in accordance with your job criteria and your access to the Digital Resume Database may be filtered to list certain Candidates based on your particular employment needs.
d. Contacting Candidates.
If an Employer identifies an Active Candidate through the Digital Resume Database, Candidate Profile, Services or Website (if applicable), the Employer (and not RPh Careers) is solely responsible to contact that Candidate for further discussions about the job opportunity. Any communications between you and a Candidate will occur via your provided email address or website. Please note, RPh Careers reserves the right, in its sole discretion, to limit the number of emails or other communications you send to Candidates through the Services.
Employers shall not post any jobs or content on the Services that:
- Does not comply with the applicable laws or regulations of the state and country where the job is to be performed, including laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use and intellectual property;
- Contains false information or solicits employees by intentional misrepresentation, such as, misrepresentation of the terms of employment, the hiring entity, or the identity of the poster;
- Requires an application fee or up-front or periodic payments; requires recruitments of others; resembles a multi-level marketing scheme, franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement; or only pays commissions (except where the listing makes clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling); or resembles a multi-level marketing scheme;
- Involves any screening requirement where such screening requirement is not an actual and legal requirement of the advertised position;
- Does not comply with Title VII of the Civil Rights Act or the EEOC’s Enforcement Guidance on Employer’s Consideration of Arrest and Conviction Records in Employment Decisions, and relevant state and local laws that prohibit employers from discriminating against people with criminal backgrounds and require employers to delay inquiry into an applicant’s criminal history until later in the hiring process.
- Discriminates against applicants on the basis of gender, race, religion, sexual orientation, age, disability, or any other ground(s) prohibited by applicable law, in each case as determined in RPh Careers’ reasonable discretion.
4. CANDIDATE USE REQUIREMENTS
Candidates must register a Candidate Account by providing requested information. Candidate information may be filtered by RPh Careers to be more effective for Employers to search. Only Active Candidates Digital Resumes are made accessible to Employers.
b. Candidate Profile.
Candidates who register a Candidate Account may create a Profile that will include Information and/or content that you provide such as resumes, cover letters, pictures, text, graphics, etc. (“Content”). We may update your Candidate Profile with information we extract from the resume you upload to the Digital Resume Database.
You agree that:
- You have all necessary rights to provide Personal Information and/or Profile information and such information submitted by you is accurate, truthful, complete and current;
- RPh Careers may request that you verify your Account and/or Profile information;
- You will not create an Account under false or fraudulent pretenses or for anyone other than yourself (or company).
- Your use of the Services does not and shall not violate any applicable laws of the United States data privacy laws, intellectual property laws and any other applicable laws;
- You will use the Services in a respectful manner;
- You are at least 18 years of age or older;
- RPh Careers and its contractors may contact you, via e-mail or otherwise, regarding the Services;
- Disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers;
5. INTELLECTUAL PROPERTY
a. License to Use Services.
RPh Careers grants you a non-exclusive, limited, revocable, right and license to use the Services solely as set-forth herein. RPh Careers reserves the right to cancel access to the Services and any information you provide, for any or no reason, in its sole discretion.
b. Content License.
The Services include content (“Content”) provided by us and our licensors. We and our licensors own and retain all proprietary rights in the Content. RPh Careers owns and retains all property rights in RPh Careers. If you are a user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Content from RPh Careers solely for your personal use in connection with using the Services. Except as provided in the foregoing, you agree not to reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on the Content. RPhCareers.com™ is a proprietary trademark of RPh Careers. The trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.
c. License to Data.
You grant to RPh Careers a non-exclusive, fully paid, perpetual, world-wide, irrevocable, right and license to use, store and process any Account, Profile, Digital Resume, information and data you create, reproduce, manage in connection with the Services (“Candidate Data”).
In connection with the grant of the license above, you represent and warrant to us that you have obtained all necessary permissions and consents from the subject of the Employer Candidate Data to: (i) upload, store and manage Employer Candidate Data on the Services; (ii) grant RPh Careers a license to use, store and disclose Candidate Data; and (iii) allow RPh Careers to access your Account and Profile and contact or otherwise communicate with the specific Candidate. If you do not have the appropriate consents or permissions from the individual subjects of your Candidate Data, you should not upload or store any such Employer Candidate Data with, through or on the Services.
e. Aggregate Data.
RPh Careers reserves the right to use Employer Candidate Data in the aggregate (“Aggregated Data”) and owns all right, title and interest in and to Aggregated Data.
6. PROHIBITED ACTIVITY
- Access or attempt to access the Services and technology used in connection therewith (“Technology”) by any means other than through the RPh Careers user interface;
- Attempt to circumvent or overcome any protection measures intended to restrict access to any portion of the Services, Job Database, Digital Resume Database or Technology;
- Monitor the availability, performance, or functionality of the Services/Technology;
- Use the Services for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for Personally Information or otherwise;
- Use the Services in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries, including the U.S. Foreign Corrupt Trade Practices Act, and the U.S. Export Administration Act), or (except with our written consent) in any manner that could damage, disable, overburden, or impair it;
- Use the Services/Technology to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
- Use the Services/Technology to impersonate or attempt to impersonate RPh Careers, another Services user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
- Use the Technology to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm RPh Careers or users of the Services or expose them to liability;
- Interfere with the operation or hosting of the Website, Platform Services, Job Database, Digital Resume Database, Resume Database, or Technology, including but not limited to violating or attempting to violate any security feature, place malware or similar harmful code into the Services, Website, Platform Services, Job Database, Digital Resume Database or Technology, or link to websites or other applications that contain malware or similar harmful code;
- Overload, overwhelm, or carry out a denial-of-service attack on, or otherwise prohibit the proper function of the Services/Technology;
- Submit to the Services a virus, Trojan horse, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, overloading any of the Services, or “flooding,” “spamming,” “mail bombing,” or “crashing” any of the Services;
- Introduce software, automated agents, or scripts to the Website, Platform Service, Job Database, Candidate Database, Resume Database or Technology to produce multiple accounts; generate automated searches, requests, or queries; or access, collect, intercept, strip, scrape, or mine information or data from, or in transit to or from, the Services, including any software that reads areas of RAM or streams of network traffic, unless specifically authorized by RPh Careers;
- Systematically retrieve data or other information from the Website, Platform Services, Job Database, Digital Resume Database to create or compile a collection, compilation, database, or directory, whether by manual methods, web robots, or otherwise, unless specifically authorized by RPh Careers;
- License, sublicense, sell, rent, convey, pledge as security, lend, loan, lease, transfer, assign, reproduce, or distribute to a third party the Website, Platform Services, Job Database, Digital Resume Database, Technology;
- Dissemble, decompile, reverse-compile, translate, adapt, reverse-engineer, or otherwise attempt to derive any part of the Website, Platform Service, Job Database, Digital Resume Database or Technology or its method of operation;
- Access the Website, Platform Service, Job Database, Digital Resume Database or Technology in order to build websites, platforms, or services that are similar to or competitive with RPh Careers and/or the Services; or
- Generate, facilitate or send, via email, phone or other means, messages to Candidates or other Website users in an excessive (as determined in RPh Careers’ sole discretion) or harassing manner, or to such users who have asked not to be contacted.
7. DMCA; COPYRIGHT CLAIMS
If you believe that your copyrighted work has been posted or used on the Website or Platform Services in a manner that constitutes copyright infringement, please provide Our Copyright Agent (defined below) with written notice containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (ii) identification of the copyrighted work (or in the case of multiple works, a representative list of such works) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing, and the location of that material; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the copyright interest that allegedly is infringed.
Our “Copyright Agent” for notice of claims of copyright infringement may be reached by mail at: email@example.com or send a letter to RPhCareers.com LLC, P.O. Box 41477 Brecksville, OH 44141.
8. THIRD PARTY LINKS
The Website may contain links to other websites and resources provided by third parties who we do not endorse. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
9. SUSPENSION OF OUR SERVICES
We are constantly trying to improve the quality of the RPh Careers Services experience. To that end, we reserve the right to interrupt, modify, suspend, discontinue, or add to our Website and Platform Services without notice. You agree that RPh Careers is not liable to you or to any third party for the interruption, modification, suspension, discontinuance, or addition to our Website or Platform Services.
10. RELIANCE ON INFORMATION POSTED
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. 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 in connection with the Website and/or Platform Services. Any reliance you place on such information is strictly at your own risk.
WE DO NOT HAVE CONTROL OVER THE QUALITY, TIMING, OR LEGALITY OF THE EMPLOYER OR CANDIDATES (“USERS”) NOR OF THE INTEGRITY, RESPONSIBILITY OR ACTIONS OF USERS. WE DO NOT REFER, ENDORSE OR RECOMMEND USERS NOR DO WE MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, OR QUALITY OF THE SERVICES OR THE INTEGRITY, RESPONSIBILITY OR ACTIONS OF EMPLOYERS OR CANDIDATES WHETHER IN PUBLIC, PRIVATE OR OFFLINE INTERACTIONS.
11. TERMINATION OR DELETION OF ACCOUNT
Termination by Candidates. If at any time you determine you no longer require our Services and wish to change the status of your Account and/or information contained in your Candidate Profile, please access your Dashboard and follow the protocol listed or email us at firstname.lastname@example.org. If you choose to deactivate your Account, we will deactivate your Account and login information and will remove your Candidate Profile from the Services. Unless otherwise prohibited by applicable laws, we may, however, retain an archived copy of your Personal Information and Profile Information for our records and internal business purposes, but will not publicly display or otherwise provide your Personal Information to third parties. If you provide any feedback, comments or reviews of the Services we may use such content in our sole discretion without payment or recognition to you.
12. DISCLAIMER OF WARRANTIES
13. LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES WILL RPH CAREERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS OR AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, PLATFORM SERVICES, DATABASES, WEBSITES LINKED TO THE SERVICES, ANY CONTENT ON THIS SERVICES OR OTHER WEBSITES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF RPH CAREERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES.
IF THERE IS A PROBLEM WITH THE RPH CAREERS SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE AND/OR PLATFORM SERVICES. IF THERE IS PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE ACQUIRED ON OR THROUGH THE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE FOR AN AMOUNT UP TO $100.00 OR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO (IF SUCH A MINIMUM EXISTS).
You acknowledge that you are familiar with the provisions of Section 1542 of the California Civil Code, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under Section 1542 of the California Civil Code and any law or legal principle of similar effect in any jurisdiction with respect to the releases and/or discharges granted herein, including but not limited to the releases and/or discharges of unknown claims.
You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns (collectively, the “RPh Careers “) harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees and costs, made by any third party due to or otherwise arising from your Content, Candidate Content and your use of the Website and/or Platform Services, including due to or arising from your breach of any provision of these TOU.
a. No Third-Party Beneficiaries.
b. Data Breach.
While RPh Careers uses security measures to maintain data security, data breaches can happen, even to the most secure of systems. If there is a data breach, RPh Careers will act in compliance with any applicable federal and state data breach laws.
c. Equal Opportunity.
RPh Careers is not an employment recruiting or placement company and requires all Employers be Equal Opportunity Employers and may, but has no obligation to, monitor Employers use of the Services, though RPh Careers is not liable or responsible for Employer’s actions. All Employers using the Website and Services may refer to EEOC regulations and compliance obligations at https://www.eeoc.gov/eeoc/initiatives/e-race/bestpractices-employers.cfm. Users with questions concerning their compliance with the best practices and laws set by the EEOC are encouraged to contact the EEOC at https://www.eeoc.gov/contact.
d. Force Majeure.
You agree that RPh Careers is not responsible for suspension of the Services due to events beyond our control, including, but not limited to, acts of God, war, terrorism.
e. Choice of Law.
Any and all disputes arising from your use of the Website or Platform Services (including whether this dispute has to be arbitrated at all) will be settled through binding and confidential arbitration. The arbitration will be conducted by a panel consisting of a single commercial arbitrator appointed by the American Arbitration Association (“AAA”) and will be governed by the AAA’s Commercial Arbitration Rules. The prevailing party will have all of its arbitration and legal costs and expenses (including attorneys’ fees) paid by the non-prevailing party or as required by the arbitrator.
h. Entire Agreement.