By this electronic signature, I hereby agree to the following Freedom Healthcare Staffing (“FHCS”) Terms and Conditions:
I hereby certify that the information I have provided in my application is true, accurate, and complete, to the best of my knowledge, that I am the individual who has completed the form, and that I am solely responsible for the form, content, and accuracy of any material contained therein. I understand that providing false, inaccurate, or incomplete information may be a violation of state or federal laws that could result in civil penalties. I agree to promptly notify FHCSof information that would make the contents of my application inaccurate, untrue, or misleading. I assume all responsibility and risk for my use of the FHCS site and services, and the documents or materials that I provide and for my conduct on and off the site.
I hereby expressly authorize FHCS to submit my application and all information provided by me to agencies selected by FHCS for consideration of employment with those agencies. I understand that FHCS makes no representations, warranties, or guarantees regarding the effectiveness of its services or the timeliness of the services in meeting my employment objectives. FHCS does not guarantee that the services will result in me being hired, and is not responsible or liable for any business, employment, hiring and/or salary decisions, for whatever reasons made, by me.
Release
To the fullest extent allowable by law, I release FHCS from claims, demands, and damages (actual and consequential and direct or indirect) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed arising out of or in any way connected with the submission of my application, the information provided therein, or my use of the site and services.
Indemnity
I AGREE TO INDEMNIFY, HOLD HARMLESS, AND RELEASE FHCS (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 THE INFORMATION PROVIDED BY ME IN MY APPLICATION, DOCUMENTS PROVIDED BY ME, USE OF THE SERVICES, OR BREACH OF THIS AGREEMENT. IN ADDITION TO MONETARY DAMAGES, I AGREE THAT BREACH OF THIS AGREEMENT WILL ENTITLE FHCS TO EQUITABLE RELIEF AND RECOVERY OF ITS ATTORNEYS FEES AND COSTS.
Limitation on Damages
TO THE FULLEST EXTENT ALLOWABLE BY LAW, IN NO EVENT SHALL FHCS (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR LOST EMPLOYMENT OPPORTUNITY)) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE SERVICES OR THE USE OR ACCESS TO THE SITE AND SERVICES OF FHCS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FHCS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FHCS (OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS) BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF THE AGGREGATE AMOUNT OF $100.00.
Warranty Disclaimers
THIS SITE AND THE SERVICES PROVIDED ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWABLE BY LAW, ALL WARRANTIES ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Applicable Law and Venue
This agreement shall be construed and enforceable according to the laws of the State in which FHCS is headquartered, and I hereby submit to the exclusive jurisdiction of those courts. The sole and exclusive venue for disputes arising from this agreement or services related thereto shall be in the county in which FHCS is headquartered.