Last updated May 1, 2019
These Terms of Use (this “Agreement” or these "Terms of Use"), which is a legal agreement between you (“You”, "you" or "User") and Healthcare Research, LLC, an Illinois limited liability company d/b/a, as "HealthHire" (“HealthHire”) and “myCNAjobs” (“myCNAjobs”) shall govern Your use of and access to the Application (as defined below) and the Site (as defined below). By checking any acceptance boxes, clicking any acceptance buttons, submitting any text or content or simply by making any use of the Application and/or Website, You (a) accept this Agreement and agree to be bound by each of its terms, and (b) represent and warrant to HealthHire that (i) You are at least 18 years of age and have the authority to enter into this Agreement (either on your own behalf or by having a parent or legal guardian agree to the terms set forth herein on your behalf), (ii) this Agreement is binding and enforceable against You, (iii) to the extent an individual is accepting this Agreement on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity, (iv) to the extent You are an employer or hold yourself out to be an employer, You are not an individual hiring for care, and (v) You have read and understand HealthHire' Privacy Policy, the terms of which are posted at the Website and within the Application and incorporated herein by reference (the “Privacy Policy”), and agree to abide by the Privacy Policy
If you object to anything in these Terms of Use or the HealthHire Privacy Policy or otherwise do not understand or agree to be bound by these Terms of Use and/or the HealthHire Privacy Policy, do not use the Site and exit immediately.
User may print a copy of these Terms of Use by using the print button or feature in the browser. HealthHire suggests retaining a copy for future reference. User understands and agrees that HealthHire may revise these Terms of Use at any time, effective upon posting on the Site or within the Application, and by continuing to use the Site and/or Application, User agrees to be bound by future revisions. It is User's responsibility to periodically visit the "Terms of Use" link at the bottom of the home page to review the most current version of these Terms of Use.
1. Acceptance of Terms of Use Agreement. These Terms of Use set out the legally binding terms and conditions applicable to the Site and Application. These Terms of Use include HealthHires' Privacy Policy which is incorporated herein by reference. In addition, by using the Site, User understands and agrees that these Terms of Use were provided to User and that User had an opportunity to review and decline to accept these Terms of Use.
2. The Site Offers a Venue. Healthcare Research LLC operates two websites located at www.HealthHire.com and www.mycnajobs.com (the "Site") which offers a venue to connect employers (those seeking care services) with individuals seeking to provide care services. In addition, HealthHire may in the future launch and/or operate one or more mobile applications providing similar functionality via mobile devices (the "Application"). Neither the Site nor the Application is intended to allow individuals to find care for themselves or loved ones, and use of the Site or Application in that manner is prohibited. User understands and agrees that HealthHire has no control over the acts or omissions of any User or any other party on or off the Site and that HealthHire makes no representations or warranties about the quality of the care services provided by any User or any other party. User understands and agrees that HealthHire is not responsible for the performance or conduct, whether on or off the Site, of any User or other third party. As such, HealthHire expressly disclaims, and each User expressly releases HealthHire from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the Site and/or the Application, including without limitation any acts and/or omissions of Users or any other third parties on or off the Site. HealthHire does not warrant—and specifically disclaims—that any applicant appearing on this site has consented to be called or that their phone number is current and up to date. This site is being presented on an “as is” basis. Employers, recruiters and any other users of this site are solely responsible for obtaining the permissions necessary under state and federal law to contact any applicant.
3. Transactions Release; Certain Programs. HealthHire expressly disclaims, and each User expressly releases HealthHire from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to disputes (i) between Users, and (ii) between and/or among Users and any third parties with which any User may enter into a business relationship via the Site and/or Application. HealthHire may, from time to time, offer programs, opportunities and/or other services within the care services industry generally, and User understands, agrees and acknowledges that no such program, opportunity or service shall change the fact that User remains solely responsible for performing its, his or her own due diligence in respect of hiring any individual or obtaining employment within any organization (including, without limitation, ensuring each such individual holds all necessary licenses in good standing). By way of example, and not in limitation of the foregoing, HealthHire offers a service commonly referred to as "Career Fairs" and “Interview Booking” pursuant to which HealthHire will assist potential employers of caregivers in organizing one or more recruiting events or directly booking interviews, promoting such event(s) and assisting in delivering caregivers to such event(s) or interview slots that may be seeking employment opportunities. To this end, HealthHire may communicate directly with potential caregivers and/or perform telephone or other interviews with potential caregivers under the brand HealthHire or myCNAjobs. User agrees and acknowledges that notwithstanding any such involvement of HealthHire in identifying caregivers and/or promoting any such event to any caregiver(s), Users hosting any such event remain solely responsible for investigating the background of each such potential caregiver, performing interviews with each such potential caregiver and ultimately making all hiring decisions in respect of each such caregiver. HealthHire is not responsible or liable in any way for any claims or damages that may arise out of (a) any potential caregiver falsifying records, (b) any potential caregiver or employer not honoring any agreement it, he or she may have entered into with the other or any other actions taken by any User, or (c) any theft, crime or other action taken by any potential caregiver or employer, whether at a Career Fairs event or any other event or in connection with any service provided or administered by HealthHire. HealthHire makes no representations or warranties to any User or any other party regarding the background, integrity, skill set or capabilities of any employer, caregiver or any other third party. For purposes of clarity, User (i) shall be solely responsible for performing full background checks and otherwise screening all caregivers, and (ii) agrees and acknowledges that HealthHire is not responsible or liable in any way for any actions taken or information provided or omitted by any caregiver. It is the sole responsibility of the User to ensure its employment policies and practices meet state and federal requirements. HealthHire is not responsible for the content of the User’s job descriptions or invitations to interview. It is understood that customer approved content may be promoted on HealthHire, myCNAjobs, and affiliated partners. HealthHire may make recommendations with respect to content, but it is the sole responsibility of User to ensure its content meets state and federal employment law requirements. Additionally, HealthHire is not responsible for the usage of data or the result of strategies implemented due to the usage of data from reports, webinars, white papers, or other types of learnings shared on the website (including HealthHire and HealthcareReesarch.org), via account reps, or via conferences or webinars.
4. Eligibility. By using the Site, User represents and warrants that User currently meets and will continue to meet the following eligibility conditions ("Eligibility Conditions") for as long as User uses the Site: (A) User is at least 18 years old and has and will at all times comply with all laws and regulations, including without limitation being legally authorized to work, in the jurisdiction in which User seeks to provide or receive services; (B) User has the right, authority and capacity to enter into these Terms of Use and to abide by all of terms and conditions in these Terms of Use; (C) neither User, nor anyone in User's home or, as applicable, the location where care services are provided: (i) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others; (ii) has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any sexual, child abuse or domestic violence offenses; and/or (iii) has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; (D) User has obtained, and maintained in good standing, all licenses and/or permits necessary to provide care services and/or hire or otherwise engage care providers, as applicable; and (E) neither User, nor anyone in User's home or, as applicable, the location where care services are provided is currently out on bail or on User's own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child abuse or domestic violence offenses.
By using the Site or Application, User understands and agrees that HealthHire may rely on the above Eligibility Conditions representations and warranties, together with all other representations and warranties set forth herein, as true. User understands and agrees that HealthHire may revise the Eligibility Conditions from time to time and require new conditions and certifications and that User will abide by such revised Eligibility Conditions or discontinue using the Site and Application.
User understands and agrees that HealthHire does not independently verify that any or all of the Eligibility Conditions are met by any other Users. User understands and agrees to make its own decisions and assessments about persons to engage, potential employment opportunities and/or any other business relationship which may result from using the Site and/or the Application. If HealthHire becomes aware of violations to the Eligibility Conditions by any other User, it may suspend and/or terminate such User's membership with or without notice; provided, that HealthHire shall not, under any set of circumstances, be required to investigate compliance with Eligibility Conditions or otherwise verify the veracity and/or accuracy of any information provided by any User to HealthHire. Each such suspended and/or terminated User agrees to make no further use of the Site after termination or during suspension. HealthHire expressly disclaims, and each User expressly releases HealthHire from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (X) any inaccuracy, untimeliness or incompleteness of a User's Eligibility Conditions; (Y) any inaccuracy, untimeliness or incompleteness of information set forth in any of the consumer reports (defined below) or any other reporting provided by or made available by HealthHire; and/or (Z) misstatements and/or misrepresentations made by any Users.
Notwithstanding the fact that HealthHire has no obligation to verify any representations or warranties made by any User or other third party, to the extent HealthHire, at its sole and absolute discretion, elects to perform any verification, User hereby authorizes HealthHire to complete any such verification and User acknowledges and agrees that HealthHire shall have the right, but not the obligation, to conduct on each and every User criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, reference checks credit checks and/or using available public records. User consents to any collection, use or disclosure in order to accomplish such verification. User agrees that HealthHire may take such action as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating User's membership, should it determine in its sole discretion, that User has violated any representation or warranty or any other provision of these Terms of Use or otherwise acted inappropriately or contrary to any HealthHire policy. Each such suspended and/or terminated User agrees to make no further use of the Site or Application after termination or during suspension.
User understands and agrees that HealthHire will present User with interview and career opportunities as it sees fit and that HealthHire is under no obligation to do so solely because User has agreed to these terms. User further agrees that HealthHire may at its sole discretion determine that a User is not fit for a particular interview or career opportunity. User understands and agrees that upon failure to appear for four (4) or more interviews within a 3-month period, HealthHire may choose not to book future interviews for User over the following 12-month period.
5. Consumer Reports. HealthHire may, in connection with any background check it elects to perform, utilize third party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks, employment verification requests, or identification verifications ("consumer reports"). HealthHire does not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness or completeness of any information in the consumer reports. To the extent HealthHire elects to order and/or review any such consumer report, HealthHire does not and will not independently verify information in the consumer reports. User hereby consents to HealthHire collecting, using and disclosing the information in the consumer reports. User understands and agrees that HealthHire may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that HealthHire shall not be responsible or liable in any way in the event that any information in the consumer reports about any person, including without limitation any User, is not accurate, timely or complete. Users who are the subject of consumer reports may contact the service provider that prepared the consumer report to dispute the accuracy, timeliness or completeness of such information. HealthHire reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in HealthHire' sole discretion.
Records not available to third party consumer reporting agencies will not be included in the results of any consumer report. Not all arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are available in all jurisdictions. In many jurisdictions there is a delay before arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are included in background checks. Offenses for minors may not appear in the public record and are therefore not included in the results. Traffic violations are not included unless a jurisdiction reports them as criminal offenses. In the jurisdictions where traffic violations are reported as criminal offenses, such traffic violations may be included in the results as misdemeanors or felonies. Consumer reports may, for any number of reasons, omit various other pieces of information a User would find material and/or make errors in reporting other information, and under no circumstances shall HealthHire be responsible or liable in any way for any such omission or any such error.
6. Use of the Site and Application. User agrees to use the Site and Application in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Site and/or Application that HealthHire, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. HealthHire reserves the right to suspend and/or terminate any User with or without notice at any time in its sole discretion, for any reason or no reason. Each such suspended and/or terminated User agrees to make no further use of the Site and/or Application after termination or during suspension. User understands and agrees not to, and not to permit or encourage anyone else to:
HealthHire reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to HealthHire in its sole discretion. User may report any alleged improprieties by any User to HealthHire by email at brandi@HealthHire.com.
7. Account Security. User is responsible for maintaining the confidentiality of passwords and account information for the Site and User is fully responsible for all activities that occur under User's account. User agrees to immediately notify HealthHire of any unauthorized use of accounts or any other breach of security. User shall be solely responsible for maintaining all user names and passwords provided to User.
8. Links to Third Party Websites. The Site, including both healthhire.com and mycnajobs.com may contain links to third party websites, which links are provided solely for convenience. User understands and agrees that HealthHire does not control or endorse such third party websites, any products or services that are made available by such third parties or any advertisements displayed on, through or in connection with such third party websites. User understands and agrees that use of such third party websites is at their own risk, that such third party websites are governed by such third party's terms of use and privacy policies, and that HealthHire is not responsible for the privacy practices or other policies of such third party websites. HealthHire expressly disclaims, and each User expressly releases HealthHire from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to such third party websites, including without limitation such websites' availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services.
9. COPPA Compliance. Each of the Site and the Application is intended for people 18 and older. HealthHire will not knowingly collect any information from children under the age of 13. HealthHire expressly disclaims, and each User expressly releases HealthHire from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to any misrepresentations regarding the age of any User. HealthHire reserves the right to suspend and/or terminate with or without notice the membership of any User who it believes has provided false information when registering for and/or using the Site and/or Application and each User agrees to make no further use of the Site or Application after termination and/or during suspension.
10. User Information. "User Information" is defined as any information, content and/or materials User posts on the Site or within the Application, submits to HealthHire and/or submits to any other User on or through the Site or Application or by any other medium or method, including providing user information to a HealthHire Account Representative via phone. HealthHire will use User Information in accordance with the HealthHire Privacy Policy. User agrees and acknowledges that HealthHire acts as nothing more than a passive conduit for User Information and User is solely responsible for its User Information. User Information, including without limitation in connection with registration and Users' profiles, is self-reported and User understands and agrees that HealthHire does not independently verify that any or all of the User Information is accurate, timely or complete. User understands and agrees to make its own decisions and assessments about persons to engage or any other business relationship it may consider through use of the Site and/or Application. HealthHire will not be responsible for the acts of other Users with respect to User Information. HealthHire expressly disclaims, and each User expressly releases HealthHire from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to any User Information, including without limitation to any acts of or reliance upon by other Users with respect to such User Information and/or any comments made by User about others. User agrees and acknowledges that any views, recommendations or statements posted within any blog or other discussion forum made available on the Site and/or through the Application, some of which Users may find offensive, indecent, objectionable and/or inaccurate, are not endorsed or approved by HealthHire and do not represent the views or opinions of HealthHire and/or its agents, and as such, HealthHire shall not be responsible or liable in any way in connection with or relating to any such views, recommendations and/or statements. In addition, User agrees and acknowledges that HealthHire has no control over, and is in no way responsible for, the types of responses or communications, the origin of any responses or communications, the content of any responses or communications and/or the quality of any responses or communications a User may receive in connection with any post or submission to the Site and/or within the Application. Job postings at the Site or within the Application may turn out to be inaccurate, unavailable, contrary to applicable laws and/or regulations and/or fraudulent, and submissions in connection with job postings may turn out to include unqualified or unlicensed candidates, candidates with undisclosed criminal backgrounds and/or candidates making false or fraudulent representations regarding background, identify and/or qualifications. You are solely responsible for performing all due diligence and/or investigation necessary to evaluate any information or submission you receive through or in connection with the Site and/or Application, and for ensuring compliance with all applicable employment and other laws and regulations, including without limitation all laws regarding nondiscrimination.
User represents and warrants that it is the owner or licensee or otherwise has the right to disclose such User Information and, in exchange for being permitted to use the Site and/or Application, User grants to HealthHire an irrevocable, perpetual, non-exclusive, fully-paid, world-wide, transferable, sub-licensable license to use, copy, perform, display, reproduce, adapt, modify, and distribute such User Information and to prepare derivative works of, or incorporate into other works and to grant sublicenses to any of the above.
User represents and warrants that any User Information: (A) shall not be inaccurate, untimely, incomplete or misleading, including without limitation in connection with registration, User's profile and/or use of the Site or Application; (B) shall not infringe any third party's rights, including without limitation copyright, patent, trademark, trade secret or other propriety right or rights of publicity or privacy; (C) shall not violate any law, statute, ordinance, or regulation, including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising or the provision of child care, elder care or health care; (D) shall not be defamatory, libelous, threatening or harassing; (E) shall not be obscene or contain pornography or be harmful to minors; (F) shall not contain any viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network; and (G) shall not create liability for HealthHire or cause HealthHire to lose (in whole or in part) the services of the HealthHire ISPs or other partners or suppliers. HealthHire may, but is not obligated to, review or delete any User Information that, in HealthHire' sole discretion, violates these Terms of Use or any other HealthHire policy. If HealthHire becomes aware of inaccurate, untimely, incomplete or misleading User Information, it may suspend and/or terminate such User's membership with or without notice. Each such suspended and/or terminated User agrees to make no further use of the Site or Application during suspension or after termination.
User, by accepting this Agreement and/or making any use of the Site or HealthHire services, hereby (i) agrees and acknowledges that any information, content or data submitted by User to HealthHire or otherwise input into the Site or any HealthHire software platform, including without limitation, first and last name, e-mail and resume data (collectively, "Submitted Information"), may be used by HealthHire to perform services and/or to send commercial and/or other types of e-mail to User in connection with providing HealthHire services and/or advertising other products or services to User, (ii) agrees and acknowledges that Submitted Information may also be provided or sold to third parties to either assist HealthHire in providing services to User or to allow any such third party to either send commercial and/or advertising e-mails to User or to assist third party advertisers in sending commercial and/or advertising e-mails and/or promotions to User, and (iii) consents and opts-in to receiving commercial emails from HealthHire and to the transfer by HealthHire of any such commercial emailing rights to one or more third parties to allow such third parties to send promotional, commercial and/or advertising e-mails or other communications to User. User may, at any time, elect to revoke the above-described consent and opt-in by sending an e-mail to brandi@HealthHire.com and including "Opt Out" in the Subject line. HealthHire is not responsible for the usage of data or the result of strategies implemented due to the usage of data.
11. Prohibited Uses. Neither the Site nor the Application may not be used by any individual that is not associated with or seeking to become associated with a company or organization that engages, or intends to engage, care providers, either in-home or through a separate facility. HealthHire is not intended for personal use.
12. Billing and Payment Policy. You agree to pay to HealthHire any fees for each product or service you purchase or use, in accordance with the pricing and payment terms in your Agreement. Services are billed via credit card unless mutually agreed in writing between you and HCR. You are responsible for ensuring that the credit card associated with your account is up to date and that you are authorized to use that credit card. HCR reserves the right to implement fraud-protection measures including, without limitation, temporarily charging small amounts to your credit card to determine that it is a valid credit card and you are authorized to use it. Fees paid by you are non-refundable, except as provided in these Terms or Use or when required by law. HealthHire may use third party payment processing services to process credit card information. While HealthHire will use commercially reasonable efforts to protect the privacy of all personal and financial information, HealthHire expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to HealthHire' use of third party payment processing services, including without limitation for any damage that may result should any such information be released to any third parties. For further information about HealthHire' use of payment processing services, please contact your HealthHire Account Representative and email inquires to brandi@HealthHire.com.
13. No Professional Advice; Information Only. Any information, materials, content and/or advice on the Site or within the Application, including all social channels, are for informational purposes only. Any trend reports and/or similar reports created and/or published by HealthHire from time to time may contain error and/or inaccuracies. HealthHire is not a care provider and/or employment placement agency. If Users have specific concerns or a situation arises requiring professional advice, Users should consult with an appropriately-trained and qualified professional. HealthHire expressly disclaims, and each User expressly releases HealthHire from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to the information, materials and content on the Site and/or Application, including without limitation on the all social channels including Facebook, Twitter, Pinterest, and other similar services.
14. Indemnification. USER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS HEALTHHIRE, TOGETHER WITH ITS EQUITYHOLDERS, OFFICERS, DIRECTORS, MANAGERS AND/OR AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEY'S FEES AND COURT COSTS, INCURRED BY HEALTHHIRE OR ANY OTHER INDEMNIFIED PARTY IN ANY WAY RELATED TO USER'S: (A) ACTS AND/OR OMISSIONS ON OR OFF THE SITE OR APPLICATION; (B) BREACH OF THESE TERMS OF USE; (C) DISPUTES WITH OR BETWEEN OTHER USERS OR ANY OTHER THIRD PARTY; (D) USE AND/OR MISUSE OF THE SITE AND/OR APPLICATION, INCLUDING WITHOUT LIMITATION ANY INFORMATION, CONTENT AND/OR MATERIALS THEREON; (E) VIOLATION OF ANY APPLICABLE LAW OR REGULATION; (F) INACCURATE, UNTIMELY, INCOMPLETE OR MISLEADING USER INFORMATION, INCLUDING WITHOUT LIMITATION WITH RESPECT TO REGISTRATION, PROFILE, ELIGIBILITY CONDITIONS AND INFORMATION SUBMITTED IN CONNECTION WITH CONSUMER REPORTS; (G) MISSTATEMENTS AND/OR MISREPRESENTATIONS; (H) USE OF LINKS TO THIRD PARTY WEBSITES, INCLUDING WITHOUT LIMITATION SUCH WEBSITES' AVAILABILITY, TERMS OF USE, PRIVACY POLICY, INFORMATION, CONTENT, MATERIALS, ADVERTISING, PRODUCTS AND/OR SERVICES; (I) USER INFORMATION AND ANY ACTS OR OMISSIONS WITH RESPECT TO SUCH USER INFORMATION; (J) USE OF ANY INFORMATION IN THE CONSUMER REPORTS; (K) USE OF THIRD PARTY PAYMENT PROCESSING SERVICES; (L) USE OF PHONE SUPPORT SERVICES (DEFINED BELOW); AND/OR (M) USE OF ANY SERVICES OR PRODUCTS OR ANY CONTRACTS OR ARRANGEMENTS MADE OR PROVIDED BASED ON INFORMATION, CONTENT AND/OR MATERIALS OBTAINED ON OR THROUGH THE SITE OR APPLICATION. USER FURTHER AGREES THAT IT WILL COOPERATE AS REQUESTED BY HEALTHHIRE IN THE DEFENSE OF SUCH CLAIMS. HEALTHHIRE RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY USERS, AND USER SHALL NOT, IN ANY EVENT, SETTLE ANY CLAIM OR MATTER WITHOUT THE WRITTEN CONSENT OF HEALTHHIRE.
15. Suspension and Termination. HealthHire may suspend and/or terminate a User's membership for any reason or for no reason at all and with or without notice and/or refund, all in HealthHire' sole discretion. Suspension and/or termination of a User's membership may include restricting access to and use of the Site and/or Application and may also include the deletion of the content associated with the User's membership. Each such suspended and/or terminated User agrees to make no further use of the Site or Application during suspension or after termination. HealthHire reserves the right, but does not undertake any duty, to take appropriate legal action, including without limitation the pursuit of civil, criminal and/or injunctive redress against Users for continuing to use the Site or Application during suspension or after termination, and User agrees that HealthHire may recover its reasonable attorney's fees and court costs from User for such actions. Even while the User's membership is suspended and after it is terminated, these Terms of Use will remain enforceable against such suspended and/or terminated User. All other terms that by their nature may survive suspension and/or termination of these Terms of Use shall also be deemed to survive such suspension and/or termination.
16. Intellectual Property Rights. All trademarks, patents, copyrights and other intellectual property rights owned by HealthHire on the date these Terms of Use are accepted and/or created thereafter by HealthHire shall continue to be owned solely by HealthHire, and except as set forth herein, nothing in this Agreement shall be deemed to confer any rights to any such intellectual property on User or any other party. For purposes of clarity: (i) as between You and HealthHire, You shall be deemed to be the sole owner of all User Information you submit to the Site or through the Application (subject to HealthHire' irrevocable, fully-paid, world-wide, assignable right to use and/or sublicense use of such User Information as described above in these Terms of Use); and (ii) HealthHire is the sole owner of the name “HealthHire” as well as the Site, the Application, and all source code, object code, software, content, copyrights, trademarks, patents and other intellectual property related thereto or included therein. All suggestions, recommendations, bug-fixes, error-fixes or other communications from You to HealthHire regarding the Application or the Site shall, upon submission to HealthHire, be owned solely and exclusively by HealthHire. You shall not directly or indirectly copy or reproduce all or any part of the Application or the Site, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization. You shall not violate or attempt to violate the security of the Application or Site. You shall not reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the Application or Site, including, without limitation, any of the software comprising or in any way making up a part of the Application or Site. All information, materials and content, including without limitation text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") on the Site or within the Application is owned by HealthHire or is used with permission, other than User Information submitted by a User, which is licensed to HealthHire as described above in these Terms of Use. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. HealthHire also owns the coordination, selection, arrangement and enhancement of such Proprietary Materials as a collective work and/or compilation under the United States Copyright Act, as amended. User may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site without HealthHire' prior express written permission. Furthermore, User is not allowed to post, distribute or reproduce any User Information that he, she or it does not own, or which such User does not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject User to termination or suspension from the Site and Application and/or civil and/or criminal penalties. In addition, the Site and Application contain material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of HealthHire and/or the relevant right holder.
The service marks, trademarks, logos and trade names appearing on this Site or within the Application are owned by HealthHire or are appearing on the Site and/or Application with permission of the respective owners and User acknowledges the rights of HealthHire and the respective third parties therein. User may not copy or use any of these service marks, trademarks, logos or trade names without the prior written permission of the owner.
17. Copyright Complaints and Copyright Agent. It is HealthHire' policy to terminate any User who infringes the rights of others upon receipt of notification to HealthHire by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. Upon receipt of proper and valid notice of claimed infringement under the DMCA, HealthHire will respond to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. If you believe that your work has been copied and posted on or made accessible through the Site or Application in a way that constitutes copyright infringement, please provide HealthHire' designated agent with the following information:
HealthHire' Copyright Agent for Notice of Claims of Copyright Infringement can be reached at the following address: by e-mail brandi@HealthHire.com with the subject line "DMCA" or by mail, HealthHire Copyright Agent, HealthHire, 401 E. Jackson Street, Suite 3330, Tampa FL 33602.
18. Notice of Availability of Filtering Software. Pursuant to the Communications Decency Act, all Users are hereby informed by HealthHire, the provider of this interactive computer service, that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors.
19. Privacy Policy. HealthHire' Privacy Policy located on the Site and within the Application as modified by HealthHire from time to time is a part of these Terms of Use and is incorporated herein by this reference. By using the Site and/or Application, User understands and agrees that User has reviewed and agrees to the Privacy Policy.
20. U.S. Export Controls. The Site and Application are subject to United States export controls. No part of the Site or Application may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Site or Application, User represents and warrants that User is not located in, under the control of, or a national or resident of any such country or on any such list.
21. No Third Party Beneficiaries. User understands and agrees that, except as otherwise expressly provided in these Terms of Use, there shall be no third party beneficiaries to these Terms of Use.
22. Limited License. HealthHire grants User a nonexclusive, revocable right to use the Site and/or Application for the authorized purposes stated in these Terms of Use provided that User does not: (A) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code; (B) modify or attempt to modify the Site or Application in any manner or form; or (C) violate these Terms of Use.
23. Modifications to the Site or Application. HealthHire reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or Application and/or any information, materials or content on the Site or Application with or without notice to Users. User agrees that HealthHire shall not be liable to User or any third party for any modification or discontinuance of the Site or any portion thereof. User acknowledges that the Site and/or Application may be down from time to time for routine maintenance and/or any number of other reasons, and under no circumstances shall HealthHire be responsible or liable in any way for any such downtime. You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Site and/or the Application.
24. Limitations on Use. In the interest of maintaining the performance and availability of the Site and in enforcing these Terms of Use, HealthHire reserves the right to place certain limitations on Users' access to the Site. User acknowledges that this term supersedes any specific offer made by HealthHire and that these limitations may be enforced in HealthHire' sole discretion. If User feels that these limitations are interfering with legitimate use of HealthHire in keeping with the Terms of Use, User agrees to refer this concern to HealthHire and abide by the determination of the HealthHire.
25. Disclaimer of Warranties. EACH OF THE SITE AND THE APPLICATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTIBILITY, NON-INFRINGEMENT, UPTIME, DOWNTIME, FITNESS FOR A PARTICULAR PURPOSE OR AS TO THE RESULTS THAT USER MAY ACHIEVE ON ACCOUNT OF USING THE SITE AND/OR APPLICATION. USER EXPRESSLY AGREES THAT USE OF THE SITE AND APPLICATION IS AT USER'S SOLE RISK. HEALTHHIRE DOES NOT REPRESENT, OR WARRANT, AND FURTHER DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH, THE FOLLOWING: (A) THAT ACCESS TO THE SITE OR APPLICATIOIN WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SITE OR APPLICATION WILL BE RELIABLE, ACCURATE, TIMELY OR COMPLETE; (C) THE PROPER CONDUCT, WHETHER ON OR OFF THE SITE, OF ANY USERS OR ANY OTHER THIRD PARTY; AND (D) THE USE OF PHONE SUPPORT SERVICES. HEALTHHIRE DOES NOT REPRESENT OR WARRANT THAT THE SITE OR APPLICATION IS FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK. HEALTHHIRE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. HEALTHHIRE SHALL NOT BE LIABLE FOR, AND EACH USER EXPRESSLY RELEASES HEALTHHIRE FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANYCONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SITE OR APPLICATION.
26. Assumption of Risk. User assumes all risks when using the Site and/or Application, including without limitation all of the risks associated with any online or offline interactions with other Users. User agrees to take all necessary precautions when interacting with other Users. In addition, HealthHire shall not be liable to You for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control.
27. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL HEALTHHIRE BE LIABLE TO USER OR ANY OTHER USER OR THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE AGGREGATE LIABILITY OF HEALTHHIRE TO ANY USER WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY USER IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. NO CLAIM MAY BE ASSERT MORE THAN TWELVE (12) MONTHS FOLLOWING THE DATE ON WHICH SUCH CLAIM FIRST AROSE.
28. Notice. Any notice or other communication to be given hereunder shall be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail to the address listed below.
29. Arbitration. Any controversy, claim, suit, injury or damage arising from or in any way related to the Site, the Application or Terms of Use 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 HealthHire. 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 Tampa, Florida, and judgment of the arbitration award may be entered into any court having jurisdiction thereof. HealthHire may seek any interim or preliminary relief from a court of competent jurisdiction in Tampa, Florida necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration.
30. This Agreement, together with the Privacy Policy, represents the entire agreement between User and HealthHire with respect to the Site and Application. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect.
31. All content, including the jobs contained on HealthHire, may have been created by Users over whom HealthHire exercises no control. HealthHire assumes no responsibility for the content created by Users.
32. Contact. HealthHire may be contacted at:
