Our Terms & Conditions

Introduction

You are responsible to carefully read the terms and conditions (the “Terms and Conditions”) governing your access to and use of the HireRT (“HireRT”) website and requirements for the approved Provider and approved Respiratory Therapist users. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the HireRT website or Services. These Terms and Conditions are effective as of July 1, 2018. The HireRT website is specific to the healthcare and respiratory therapist industry and shall be hereinafter collectively referred to as the “Site.” Membership Services or Registration shall be defined as any services provided for by HireRT to Users and may be referred to as the “Services.” You and User shall mean any individual or entity that uses the Site and/or engages in the Service.

Binding Agreement

These Terms and Conditions (as they may be amended from time to time by HireRT) form a binding agreement (the “Agreement”) between you and HireRT. Your access to or use of the Site or Services indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.

Terms & Conditions

The Agreement

This Agreement is governed by the internal substantive laws of Florida, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts in this State. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by HireRT in a particular “Legal Notice,” or material on particular web pages of the Site, this Agreement constitutes the entire agreement between you and HireRT.

Using HireRT

While using the Website, you will not attempt to or otherwise do any of the following:
1. Post content or items in inappropriate categories or areas on our Websites and services;
2. Fail to deliver payment for services delivered to you;
3. Fail to deliver services purchased from you;
4. Circumvent or manipulate our fee structure, the billing process, or fees owed to HireRT;
5. Post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
6. Take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);
7. Transfer your HireRT account (including feedback) and Username to another party without our consent;
8. Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
9. Distribute viruses or any other technologies that may harm HireRT, the Website, or the interests or property of HireRT users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
10. Download and aggregate listings from our website for display with listings from other websites without our express written permission, “frame”, “mirror” or otherwise incorporate any part of the Website into any other website without our prior written authorization;
11. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website HireRT;

Credit Card Security

We do have access to or maintain credit card numbers that you provide to sign up for subscriptions.

HireRT employs encryption for secure credit card transactions.

What You Should Know – You Assume All Responsibility for Use of This Site HireRT cannot ensure that all of private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. Therefore, although HireRT is committed to protecting your privacy, we do not promise, and you should not expect, that your personal information or private communications would always remain private. As a User of this Site, you understand and agree that you assume all responsibility and risk for your use of this Site, the Internet generally, and information you post or access and for your conduct on and off the Site.

Your California Privacy Rights

California law permits its residents to request and receive information about a business’ disclosure of certain categories of personal information to other companies for their use in direct marketing. If you are a California resident and a user of any of the Sites, you can request a copy of this information from HireRT by sending an email to info@HireRT.com. Please include your name in email requests, and your name and postal address in mail requests.

Personal Information & Tips

Use caution when asked to provide non-work related personal information online or over the phone. You never need to provide personally identifiable data to search for jobs on our Site. Logging into the Site is always optional as it give approved Providers and approved RTs access to more information. The Site is intended for approved RTs seeking employment and for approved Providers seeking RTs for potential job placement. You may use this Site only for lawful purposes within the stated context of HireRT’s intended and acceptable use of this Site in its sole discretion. Tips: Never give out your social security number to prospective Provider until your Hire Letter has been confirmed. Never provide credit card or bank numbers or engage in a monetary transaction of any sort unless you know this information is on a secure server.

Resume Posting and Password Protection

Posting an approved RT resume on the Site is available to approved Providers with open positions each day. When your resume is posted, a registration is created automatically for you using the email address and password that you supply giving you the post visibility to a wider approved Provider audience as they search to fill positions. When you return to our Site use that same email address and password to access and edit your existing resume. You may remove your resume from our searchable database any time. However, approved Providers who have paid for access to our database, as well as other entities that have gained access to the database, may have retained a copy of your resume in their own files or databases. We cannot control the resumes or profiles that have been downloaded by third parties. So, remember, any information you put on your resume can be made public any time. Approved Providers and Approved RTs are responsible for maintaining confidentiality of business or personal information and passwords and responsible for all uses of registration, whether or not authorized. If other parties gain access to and use your confidential password to post inappropriate material on the Site, you are at risk of losing your access to the Site. You agree to notify HireRT immediately of any unauthorized use of your registration and password.

Approved RT License to Use This Site

HireRT hereby grants approved RTs a limited, terminable, non-exclusive right to access and use this Site for personal, non-commercial use only, while seeking personal job opportunities. You agree that you are solely responsible for the content of your personal resume or other personal document you post to the HireRT Site, and you personally accept any consequences arising from such posting. You may not sell, transfer or assign any rights provided by HireRT to any third party without the express written authorization of HireRT. HireRT reserves the right in its sole discretion to suspend upon investigation or terminate immediately your access and use at any time if HireRT determines that you are in breach of our Terms and Conditions.

Approved Provider License to Use This Site

HireRT hereby grants approved Providers a limited, terminable, non-exclusive right to access and use this Site for personal, non-commercial use only, while searching for RT job applicants. You agree that you are solely responsible for the content of your business and job listing you post to the HireRT Site, and your business personally accepts any consequences arising from such posting. You may not sell, transfer or assign any rights provided by HireRT to any third party without the express written authorization of HireRT. HireRT reserves the right in its sole discretion to suspend upon investigation or terminate immediately your access to your access and use at any time if HireRT determines that you are in breach of our Terms and Conditions. As an approved Provider you represent, warrant and covenant that any materials or documents provided by you for use in connection with HireRT do not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. As an approved Provider, you warrant HireRT a non-exclusive, worldwide,

royalty-free license to use the materials and documents and to hyperlink to your approved Provider website in connection with HireRT services, if necessary.

Job Database License of Use by Approved Providers

HireRT grants you a limited, personal, terminable, non-transferable, non-exclusive right to access the HireRT Job Database via the Site for the purpose of viewing and/or downloading a single copy of paper and/or video resumes and other materials or documents related there your use. The Job Database is to be accessed by and used solely by approved Providers. Upon successful registration in the Job Database, approved Providers will be given a password with permission for access. Approved Providers are required to not allow or provide this password or to give permission to access the Job Database to any third party. As an approved Provider you and your representatives agree to secure and protect your approved Provider password confidential; that you will agree to regularly change your password; and to maintain appropriate and updated your security software regularly. You may not use our Job Database in any way that, in HireRT’s sole judgment, adversely affects our business, business prospects, the performance or function of our Site or the Job Database or interfere with the ability of others to access the Job Database. An approved Provider’s use of the Job Database may not interfere or violate, in any manner, the privacy election of HireRT job applicants. Your HireRT registration can only be used to search applicants for jobs. You are specifically prohibited from using any information contained in the HireRT Job Database to sell or promote any products or services or to take any other action that is, in HireRT’s sole judgment, inconsistent with these Terms and Conditions, misleading or incomplete, or in violation of any Federal, State, Local law, statute, code, rule, or regulation. HireRT may terminate, suspend, update, alter or supplement, at its sole discretion, all or any part of your access to our site or to our Job Database at any time. By permitting access to the HireRT Job Database, HireRT does not convey any interest in or to the Job Database or any other HireRT property or Service. All right, title and interest in and to the Job Database is and shall remain with HireRT.

Regulations & Authentication of the User

As a visitor to our Site, you represent, warrant and agree that you (a) are at least 18 years of age or older. If under age 18 or the age of majority as that is defined in your jurisdiction, you will only use the HireRT website under the supervision of a parent, legal guardian, or other responsible adult; and

(b) will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility as a visitor to this site to ensure that your use of the Site complies with these Terms and Conditions and all applicable laws. If you are an Approved Provider, Approved RT or any other person who visits this

site, you are expressly prohibited from exploiting job postings for any commercial purpose, including forwarding job listings to any person or group or to a mass distribution list or you are in violation of any local, state, federal or international laws, rules or regulations, including, without limitation, the federal CAN SPAM Act of 2003. Because User authentication on the Internet is difficult, HireRT cannot and does not confirm that each User is who they claim to be. Because HireRT does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Site, in the event that you have a dispute with one or more Users, you release HireRT from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Job Listings are Individual Postings for Traditional RTs as Independent Contractors

W-2 employees or 1099 contractors. Resume postings must contain the accurate resume of a living individual (W-2 employee or 1099 contractor) seeking job placement on a part-time, or contractual basis on his or her own behalf. HireRT is under no obligation to monitor resumes, documents and/or materials posted. All postings shall be free from any discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing or abusive content. In addition, postings shall not contain any copyrighted material or confidential information or trade secrets of any party.

HireRT Intellectual Property Rights

The Site, its content and any and all materials and all right, title and interest in and to the Site, is the sole property of HireRT or its licensors, and is protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, HireRT reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, visitors to the site, approved Providers, approved RTs, or their representatives may not reproduce, modify, display, sell, or distribute the content or any materials, or use them in any other way for public or commercial purpose. The use of the content on any other web site or in a networked computer environment for any purpose is strictly prohibited. The HireRT design logo and certain other names or logos are service marks or trademarks of HireRT, and all related product and service names, design marks and slogans are the service marks or trademarks of HireRT. Any code that HireRT creates to generate or display the content or the pages making up the Site is also protected by HireRT’s copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or HireRT materials on any authorized copy you make of the content or HireRT materials. All other product and service marks contained on the Sites are the trademarks of their respective owners.

No endorsements by HireRT

Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its website, products, services, hiring, experience, employment or practices, or otherwise.

WARRANTY DISCLAIMERS

THE SITE IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE,

NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. HireRT MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.

WITHOUT LIMITATION ON THE FOREGOING

HireRT DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR

REPLACING EQUIPMENT OR DATA, HireRT IS NOT RESPONSIBLE FOR THOSE COSTS. HireRT MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE TRUTHFULNESS, ACCURACY, LEGALITY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY RESUMES, DOCUMENTS POSTED BY ITS APPROVED USERS, OR OF ANY OTHER FORM OF COMMUNICATION ENGAGED IN BY ITS USERS. RESUMES, DOCUMENTS AND MATERIALS MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU AGREE THAT ANY RELIANCE ON RESUMES, DOCUMENTS AND MATERIALS POSTED BY APPROVED USERS, OR ON ANY OTHER FORM OF COMMUNICATION WITH APPROVED USERS, WILL BE AT YOUR OWN RISK. HireRT MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE CONTENT OF THE SITE, INCLUDING, BUT NOT LIMITED TO, BROKEN LINKS, AND INACCURACIES OR TYPOGRAPHICAL ERRORS. HireRT MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES. HireRT DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.

DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE RESUMES, DOCUMENTS AND MATERIALS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITES. IN NO EVENT SHALL HireRT (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, OR AGENTS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST JOB OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY RESUME, DOCUMENT OR MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HireRT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THE HireRT’S MAXIMUM LIABILITY TO YOU FOR ANY

NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $350.00 IN THE AGGREGATE.

IN NO EVENT SHALL HireRT (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, OR AGENTS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US $350.00 OR THE AMOUNTS ACTUALLY PAID BY YOU TO HireRT IF GREATER THAN US $350.00).

DUE TO THE NATURE OF THIS AGREEMENT, IN ADDITION TO MONEY DAMAGES, YOU AGREE THAT HireRT WILL BE ENTITLED TO EQUITABLE RELIEF UPON A BREACH OF THIS AGREEMENT BY YOU.

Membership Service

All premium membership will automatically renew at the selected membership rate to preserve the continuity of services. Until you terminate your membership, you authorize HireRT to rebill the credit or debit card used to initiate your membership. If you would like to cancel your membership and not be rebilled, you must cancel before your renewal date. If you are utilizing one of our trial memberships, you must cancel before the trial period ends if you do not want your membership to auto-renew at the selected membership rate. To view your membership information including next bill date, please log into your HireRT count, go to the “More” menu on the right, and click “Membership” under “My HireRT.” If you wish to cancel your membership, please log into your HireRT account, go to the “More” menu on the right, and click “Membership” under “My HireRT.” Next, click on the “Cancel Future Billings” link next to your bill date and follow the instructions. You may also call our customer success team at 800-530-4742 between the hours of 8:30 am and 5:30 pm EST, Monday–Friday to cancel your membership. Refunds for all premium membership memberships are limited to one payment term.

Amendments to this Agreement and Changes to Sites

HireRT may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Sites (or as otherwise stated in any notice of such changes). Any use of our Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained. If at any time you find the Terms and Conditions unacceptable, you should discontinue use of the site. Any new or different terms supplied by HireRT specifically rejects you unless HireRT agrees to them in a signed writing specifically including those new or different terms. HireRT may change the Sites at any time.

Indemnity

You agree to defend, indemnify, and hold harmless HireRT (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, any resume, document and/or material posted by you, your use of the Services or your breach of this Agreement. HireRT shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

Costs of Enforcement

In the event of any legal action arising hereunder or between HireRT and a User, and HireRT is the prevailing party; the User shall be responsible for reimbursing HireRT all of its reasonable costs and expenses (including but not limited to attorneys’ fees) relating to the legal action.

Legal Disclaimer/Personal Information

Our goal is to efficiently connect our Providers with Respiratory Therapists for open PRN positions of interest in their region. Job postings. This requires obtaining personal information, such as a license number, resume and contact information, which includes email and other communication contact information for verification and vetting by HireRT for approval in order to give access to login-posted Provider job listings as well as for Providers to access Respiratory Therapist job availability. Both approved Provider and Respiratory Therapist are asked to obtain personal login emails and passwords to access our job listing system and they will, subsequently, be asked to continue to update this information on a consistent basis. HireRT does reserve the right to the URL that the user has come from to track user information for our database records. By using this site you agree that HireRT is allowed to contact by sending and receiving information relevant to our business and other opportunities we deem appropriate to share, including appropriate notification of important information we feel is of interest to our Providers and Respiratory Therapists. By accepting our Privacy Policy/Legal Disclaimer/Personal Information, you expressly agree to receive this information via email or other communication platforms. If you wish to opt-out at any time, you may do so. You also give HireRT expressed permission to databank non-personal information in order to use this base information to prepare reports.

HireRT Does Not Sell Your Information

HireRT does not sell identifiable information to any vendor or entity if the Provider or Respiratory Therapist has advised us to ensure the information is private. HireRT reserves the right to retain such information as requested forever. However, users must be aware that when Registered Therapists accept job offers or Providers use the database to review Registered Therapist information, such as scheduling and data listed in the Profile, it can be used interchangeably from that point on. This cooperative sharing of information may result in unsolicited messages from third parties for which HireRT is not responsible, including sites accessed by other links on the Internet. HireRT approved Providers and approved Registered must also be aware that information shared between these two entities and with HireRT must be consistent with our Privacy Policy. Also, any request by law enforcement will be adhered to the letter of the law and provided as requested and passed to a third party if deemed by the law to do so and this disclosure can be made with or without consent or notice.

Refund Policy

No refunds; membership ends at the end of each paid billing month

Member benefits remain until the end of the current paid billed month Immediate removal is available upon request

Members may cancel at any time

Visit My Account>Billing and click on Cancel Membership

Except as set forth in these Terms or as described on the Site at the time you make a purchase, all payments for services/products are non-refundable, and there are no refunds or credits for unused or partially used services/products or service/product cancellations.  Membership fees are non-refundable; except that you may cancel a renewed membership by contacting HireRT.com within two (2) calendar days after the renewal date and receive a full refund of the new membership fees.

Canceling Account Here are the Terms & Conditions regarding canceling an account:

  • You can cancel your membership from your Account Profile Page.
  • The only valid method for canceling your Membership is via the cancellation link provided on your user “dashboard” page, accessible after logging into the website. Requests to cancel by e-mail or phone are not considered and do not accomplish cancellation.
  • Once you cancel your membership, you will not lose access immediately.
  • Your membership will continue through the end of your current charge cycle. For example: If your credit card is charged on the 10thof the month, and you cancel on April 25th, you will not lose access until May 10th.