This Agreement (this "Agreement"), dated as of Today’s Date as outlined in the customer signature section at the end of this agreement is by and between Healthcare Research LLC (dba myCNAjobs.com and HealthHire), an Illinois limited liability company (“HCR”) with offices at 205 N. Michigan Ave., Suite 1400, Chicago Il 60601 and (“Customer”) noted as “Customer Legal Business Name” in the customer signature section at the end of this agreement. Healthcare Research LLC is the parent company of HealthHire.com.
DETAIL OF SERVICE
HCR will promote one career fair event via HCR properties (HealthHire.com and myCNAjobs.com) at Customer's selected location. Date and time subject to HCR’s open availability. HCR may promote the Customer approved event invitation in one or more of the following ways:
- Promotions through HCR property Websites, Affiliate Job Board, or Partner Websites;
- Localized advertising websites including classified ad sites, radio stations, or newspapers;
- Direct outreach to local caregivers through phone calls or email to share event details, as outlined in the approved event invitation
Customer will approve event invitation content prior to the event via e-mail with HCR representative. Customer agrees that HCR does not make employment decisions and is solely promoting employment opportunities for Customer, but is in no way entering an employment relationship with prospective caregivers. Customer is solely responsible for its own hiring practices, procedure or decisions. Customer is responsible for ensuring promotional invitation content and any related job content meets EEO standards and all applicable State, and Federal law requirements; HCR is not responsible. HCR may make recommendations via a phone consultation, email, webinars, or other site content or data reports for the content of the invitation and accompanying job postings. The recommendations are not intended to be legal advice. It is recommended that Customer seek advice of its own counsel to ensure promotional event invitation content is compliant with such requirements
It is understood that career fair promotions are a marketing program to entice candidates to attend a single day hiring event. Candidates choose to attend based on the attractiveness of the Customer recruitment offering. The promotion of a career fair does not guarantee candidate attendance, that a candidate will want to choose to work for Customer, and/or the candidate will attend orientation or start work.
Customer shall, in consideration for access to and use of the Service, pay to HCR a total amount of $2000, due immediately via the credit card provided during the checkout process.
TERM & TERMINATION
This Agreement shall run from the date hereof and end upon completion of the above-described career fair event(s) or within 12-months, whichever event comes sooner; provided, however, that either party may terminate this Agreement on written or electronic notice to the other party if the other party declares bankruptcy or has breached any material term of this Agreement and has failed to cure such breach within 30 days of receipt of written notice of such breach. Upon termination of this Agreement for any reason, Customer's access to and/or use of the Service shall immediately terminate.
All trademarks, patents, copyrights and other intellectual property rights owned by either party on the date hereof shall continue to be owned solely by such party, and except as set forth herein, nothing in this Agreement shall be deemed to confer any rights to any such intellectual property on the other party. Customer acknowledges that HCR retains sole and exclusive ownership over the Service, the Website and all intellectual property related thereto, and that Customer's access to the Service is on a revocable license basis.
Except as set forth herein, HCR does not make any warranties of any kind, either expressed or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose, regarding Service uptime or downtime, or as to the results that may be obtained by entering into this Agreement. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR FOR ANY FAILURE TO PERFORM OR DELAY CAUSED BY CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. Customer (i) shall be solely responsible for performing full background checks and otherwise screening all caregivers and ensuring that its background checks (including credit checks) comply with all applicable state and federal laws, and (ii) agrees and acknowledges that HCR is not responsible or liable in any way for any actions taken or information provided or omitted by any caregiver, including on the myCNAjobs or HelathHire websites, during the screening process, and/or during or subsequent to any career fair event. HCR is not responsible for the use of data or the results of strategies implemented due to the usage of data. It is the sole responsibility of the Customer to ensure that all employment programs and content meet state and Federal laws and/or requirements.
Each party shall pay its own costs and expenses in connection with this Agreement. Any controversy, claim, suit, injury or damage arising from or in any way related to this Agreement shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect and before a single arbitrator chosen by HCR. Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. The arbitration shall be conducted solely in Chicago, Illinois, and judgment of the arbitration award may be entered into any court having jurisdiction thereof. HCR may seek any interim or preliminary relief from a court of competent jurisdiction in Chicago, Illinois, necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration. The rights and obligations of the parties under this Agreement shall be governed by the laws of the State of Illinois. The relationship between the parties under this Agreement is that of independent contractors. This Agreement may be executed in counterparts, including by facsimile or electronically. This Agreement shall be binding upon the parties hereto and their respective successors and assigns, but shall not be assignable by either party other than to an entity acquiring substantially all of its business. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions, to the extent feasible, will continue in full force and effect.
This Agreement is agreed and accepted as of the date first set forth below. By signing this Agreement, I represent that I have authority to execute this agreement on behalf of the ‘Customer Legal Business Name’.