Interview Booking

This Service 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 HealthHire.com and myCNAjobs.com), 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.

1. Program. Customer hereby subscribes to HCR's interview booking service. During the term of this Agreement, Customer, based on the Service package will be entitled to the selected number of Customer specified booked interviews selected during the checkout process. A booked interview is defined as an interview that is published on the Customer interview schedule within the HealthHire portal, meaning a candidate confirmed attendance and did not cancel the interview prior to the interview start time.

   Details of Service:

   • HCR Recruiters will book interviews based on Customer approved schedule for one interview location as outlined in the HealthHire portal.
   • Customer to sign-off on approved screening questions and job posting templates for HCR Recruiters to leverage to book interviews as outlined in the HealthHire portal. HCR is not responsible for the content of the Customer’s job descriptions or other related recruitment content. HCR Account Representatives may make recommendations with respect to content, but it is the sole responsibility of Customer to ensure its content meets state and federal employment law requirements. Content is considered approved by Customer upon Customer log-in to the HealthHire portal. HCR may promote the Customer approved content through HCR property websites (including myCNAjobs and HealthHire), Affiliate Job Board, or Partner Websites, Localized advertising websites including classified ad sites, radio stations, or newspapers, and Direct outreach to local caregivers through phone calls or emails.
   • Candidates are phone screened based on preset, Customer-approved screeners prior to the start of services. It is understood that MyCNAjobs Recruiters are not verifying candidate provided information, but rather screening based on candidate reported data (e.g. licensure).
   • Interview booking is a marketing program and a booked interview does not mean the candidate will show-up, want to choose to work for Customer, and/or attend orientation or start work.

   Customer's use of the Service is subject to HCR's Terms of Use found at https://www.healthhire.com/healthhire/terms-of-use/ and Privacy Policy found at https://www.healthhire.com/healthhire/privacy-policy/ (as each such agreement or policy may be updated from time to time), each of which is incorporated by reference and binding on the parties as part of this Agreement.

2. Fee. Customer shall, in consideration for access to and use of the Service, pay to HCR a fee equal to the total amount selected and outlined during the checkout process.   Fees owed are billed to the credit card provided during the checkout process. Customer can update credit card information by contacting an HCR representative. HCR will not refund payment for interviews that do not occur, including but not limited to those interviews where the interviewee fails to appear for the interview. Past due fees, including fees which are not timely paid on account of a credit card being declined, shall accrue interest at a rate equal to 15% per annum (or, if less, the highest rate permissible under applicable law).

3. Term and Termination. This Agreement shall run from the date hereof and end upon completion of the purchased booked interviews; 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.

4. Intellectual Property. 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.

5. Employee Screening Limitations of Liability.
   1. General Screening Limitations. HCR does not make employment decisions, but will conduct pre-interview screening and will schedule interviews on your behalf, which may include some or all of the following inquiries of applicants:
      • Request for Valid State Certification
      • Years of Experience 
      • Request for acknowledgement that the caregiver understands part of your screening process will include a background check
      • Request for acknowledgement that the caregiver understands part of your screening process may include providing information for references and identification
      HCR disclaims any responsibility or liability in relation to [Customer’s] hiring practices, procedure or decisions. [Customer] is solely responsible for ensuring that its hiring practices, procedure and decisions comply with all applicable federal and state laws. [Customer] will indemnify HCR, hold HCR harmless, and pay HCR’s costs and attorneys’ fees related to any litigation, administrative proceeding, or other action against HCR related to the failure of [Customer] to comply with any laws related to hiring practices, procedure or decisions that arises in any way out of the screening services that HCR provides for [Customer]. This includes, but is not limited to, laws that prohibit discrimination. If you believe that HCR’s employment screening questions are in any way violating the laws under which [Customer] operates, [Customer] must notify HCR as soon as practically possibly.
   2. Background Check Limitations. HCR will request acknowledgement that the caregiver understands part of your screening process may include a background check. [Customer] is solely responsible for performing background checks, and ensuring that background checks (including those involving credit checks) comply with all applicable federal and state laws. [Customer] will indemnify HCR, hold HCR harmless, and pay HCR’s costs and attorneys’ fees related to any litigation, administrative proceeding, or other action against HCR related to the failure to comply with any laws related to background checks (including those involving credit checks) that arises in any way out of the screening services that HCR provides for [Customer]. This includes, but is not limited to, laws related to background checks (including those involving credit checks) that prohibit discrimination or require notices, consent, or providing an opportunity to respond to the results. If you believe that HCR’s notice related to background checks (including those involving credit checks) is insufficient under the laws under which [Customer] operates, [Customer] must notify HCR as soon as practically possibly.
   3. Gender-based Hiring Limitations. HCR will collect gender identification information from caregivers on a voluntary basis but will not screen caregivers on the basis of gender. Should Customer determine for their business purposes or privacy concerns of their clients that a specific gender caregiver is required, Customer is solely responsibility to determine whether the position for which HCR is providing screening services is subject to an exception to federal and state anti-discrimination laws. [Customer] will indemnify HCR, hold HCR harmless, and pay HCR’s costs and attorneys’ fees related to any litigation, administrative proceeding, or other action against HCR related to gender discrimination that arises in any way out of the screening services that HCR provides for [Customer]. This includes, but is not limited to, claims under Title VII or any state anti-discrimination laws.
6. General Disclaimer. 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 HealthHire websites, during the screening process, and/or during or subsequent to any booked interview 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.
7. Miscellaneous. 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.

CUSTOMER SIGNATURE

This Service 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’.