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(Revised June 1, 2024)

Welcome to the website of RS Healthcare, Inc. These Website Terms of Use (the “Terms”) apply to all website, portals or pages owned or operated by RS Healthcare, including those accessible through the domain: www.rshelthcare.com and www.rshealthcarestaffing.com. Please read the Terms carefully prior to accessing and using the RS Site.

 

General Uses and Restrictions

By accessing and using the RS Healthcare Site, you agree on your behalf and on behalf of any entity or person on whose behalf you are accessing the RS Healthcare Site (collectively, “You”) to abide by the Terms. RS Healthcare permits You to use and access the RS Healthcare Site for lawful purposes only and only in a manner consistent with the Terms. Your agreement to the Terms is a condition of Your being granted access to and use of the RS Healthcare Site. If You do not agree with the Terms, You may not access the RS Healthcare Site and must exit the RS Healthcare Site immediately. The Terms apply to all visits and use of the RS Healthcare  Site, as well as to the content, information, recommendations or services provided or transmitted on or through the RS Healthcare Site. By using and accessing the RS Healthcare Site, You represent that You are at least 18 years of age, have the authority to enter these Terms on Your own behalf and on behalf of the organization or entity on whose behalf You are using or accessing the RS Healthcare Site, and all information provided by You, including, but not limited to Your identity, contact information, experience, qualifications, available positions, and facility details, is accurate and current. You shall be responsible for any violation by You, Your agents or Your employees of the Terms.

 

Restricted Site; Registered Users

RS Healthcare has restricted access to certain portions of the RS Healthcare Site to users with legitimate RS Healthcare -related business reasons for using such Restricted Site who have registered with RS Healthcare or to whom RS Healthcare has otherwise provided an account, user name or password (the “Registered Users”). You agree that the entirety of the Restricted Site, including, but not limited to their design, source code, databases, content, and data or materials stored on, generated by, created using, or transmitted through them shall be considered Confidential Information, as defined below. You agree that Your use of and access to the Restricted Site shall be limited only to the extent such access and use directly relates to or is necessary for an existing or prospective employment relationship with RS or an existing or prospective business relationship or agreement between You and RS (the “Permitted Uses”).

 

You agree any username or password issued to You by RS Healthcare is Confidential Information, as defined below. You agree not to use another Registered User’s username and password nor to allow any other person, other than Your employees or agents, to use the username or password issued to You. You are solely responsible for all activity conducted using Your username or password. You will immediately notify RS Healthcare if You become aware of any loss or theft of Your username or password or any unauthorized use of Your username and password. RS Healthcare is not be liable for any loss or damage arising from your failure to comply with these obligations. RS Healthcare reserves the right to delete or change a username or password at any time and for any reason. You shall be responsible for notifying RS Healthcare if Your relationship with any employee or agent who had access to the Restricted Site is severed so passwords may be updated, or accounts disabled as appropriate in RS Healthcare’s sole discretion.

 

Confidential Information

When accessing or using the Restricted Site, you may be able to upload, download, receive, transmit, view, create, enter, access, post, share, display, or otherwise use or access information, documents, or other material that is confidential in nature (collectively “Confidential Information”). Confidential Information includes, but is not limited to: (i) marketing, job orders, personal identifying information, and other information relating to RS Healthcare’s business, customers, agents, employees, or subcontractors or (ii) private or sensitive information relating to healthcare professionals and other workers provided by RS Healthcare , its affiliates, agents, or subcontractors, such as personnel, medical, financial, credentialing, or other compliance documentation or records. You agree to only use Confidential Information for lawful, Permitted Uses or as otherwise permitted by law. You agree to limit access to Confidential Information to only those employees or agents of Yours who reasonably require access to such information for the Permitted Uses. If You provide any Confidential Information to Your employees or agents, You shall require all such employees or agents abide by these Terms as well as any applicable laws or agreements relating such information. You shall take all necessary precautions to protect the confidential nature of the Confidential Information, including, without limitation, all precautions You use with respect to Your own confidential information.

 

In the event You or any of Your representatives are requested or required by any government or governmental agency or authority (by oral questions, interrogatories, requests for information or documents, subpoena, civil investigative demand, any informal or formal investigation by any government or governmental agency or authority or otherwise) to disclose any of the Confidential Information, You will notify RS Healthcare promptly in writing so that RS Healthcare may seek a protective order or other appropriate remedy or, in RS Healthcare’s sole discretion, waive compliance with the confidentiality terms. You agree not to oppose any action by RS Healthcare to obtain a protective order or other appropriate remedy. In the event that no protective order or other remedy is obtained, or RS Healthcare waives compliance with the terms of this Agreement, You agree to furnish only that portion of the Confidential Information, which You are advised is legally required.

 

If You discover or are notified of a breach or potential breach of security with respect to any Confidential Information provided or made available by RS Healthcare , You shall immediately: (i) notify RS Healthcare of such breach or such potential breach as the address specified below, (ii) immediately investigate such breach or such potential breach and inform RS Healthcare of the results of such investigation, and (iii) assist RS Healthcare as reasonably necessary to enforce RS Healthcare ’s rights and to enable RS Healthcare to comply with any state or federal law requiring the provision of notice of any security breach with respect to the breach.

 

Notwithstanding any other provision of this Agreement, Confidential Information shall not include any information, data, material, document, patent or idea, which: (i) is within the public domain prior to the time of disclosure or thereafter becomes within the public domain other than as a result of disclosure by You or Your representatives in violation of this Agreement; (ii) was, on or before the date of disclosure in Your possession, as shown by You, unless it was acquired by You from a third party who was under an obligation of confidentiality RS; (iii) is acquired by You from a third party not under an obligation of confidentiality to RS Healthcare ; or (iv) was independently developed by the You without the use of Confidential Information or other breach of these Terms.

 

RS Healthcare ’s Retention of Proprietary Rights

RS Healthcare hereby grants You with the limited and revocable license to access and use the RS Healthcare Site in accordance with these Terms. You expressly acknowledge and agree that RS Healthcare transfers no ownership, intellectual property interest, or title in or to the RS  Healthcare  Site, the Confidential Information, or any information or data contained therein to You or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the RS Healthcare Site, unless otherwise indicated, are owned, controlled, or licensed by RS Healthcare . You may not copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the RS Healthcare Site, RS Healthcare’s name, RS Healthcare’s logo, RS Healthcare’s marks, or any other data or information provided on or through the RS Healthcare Site in any manner or use the RS Healthcare Site in any manner not expressly permitted by the Terms.

 

The RS Healthcare Site are Copyright © 2024 RS Healthcare, Inc. All rights reserved. Your unauthorized use of the RS Healthcare Site, Confidential Information, RS Healthcare logos, names, or marks, or any other information or data contained therein may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes.

 

Compliance with Applicable Laws

You agree to abide by all applicable local, state, national, and international laws and regulations with respect to Your use of the RS Healthcare Site or any Confidential or other information obtained using the RS Healthcare Site. The Terms are also subject to any applicable export laws, orders, restrictions, or regulations. You shall not export the RS Healthcare Site or access or use thereto without complying with such laws, orders, restrictions, or regulations

 

Prohibited Uses; Your Transmissions

You may not use the RS Healthcare Site to send, upload, share, email, post, publish, edit, modify, or otherwise transmit material or information, or use information obtained through the RS Healthcare Site, in any manner that: (i) violates any applicable law or regulations; (ii) is false or misleading; (iii) is defamatory, offensive, obscene, harassing, or discriminatory, including on any basis protected by applicable federal, state or local law; (iv) violates or infringes on the intellectual property or privacy rights of any other person, including but not limited to rights arising from copyrights, trademarks, patents, or a person’s likeness; (v) constitutes unsolicited marketing efforts, including “junk email” “spam” or chain letters’; (vi) interferes with or disrupts the performance of the RS Site or servers or systems used to host or operate the RS Healthcare Site, or of RS Healthcare, or of other users of the RS Healthcare Site; or (vii) attempts to circumvent or misuse the user authentication or security measures of the RS Healthcare Site.

 

By sending, uploading, sharing, emailing, posting, publishing, editing, modifying, or otherwise transmitting content to the RS Healthcare Site or submitting any content to or through the RS Healthcare Site or to RS Healthcare relating to the RS Healthcare Site (including, documentation, feedback), you automatically grant (or warrant that the owner of such rights has expressly granted), RS Healthcare a worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content on in any form, medium, or technology now known or later developed, including, but not limited to, the RS Healthcare Site. In addition, You warrant that all so-called moral rights in the content have been waived. RS Healthcare assumes no responsibility for the deletion of or failure to store any posting, transmission, documents or information stored or submitted on the RS Healthcare Site. Notwithstanding the foregoing, or section 14(h) below, this section is not intended to and does not supersede any applicable laws or separate written agreements between You and RS Healthcare that are signed by the CEO of RS Healthcare , to the extent such laws or agreements restrict or govern RS Healthcare ’s use of confidential information provided by You to RS Healthcare as part of a business transaction.

 

RS Healthcare is not responsible for screening, policing, editing, or monitoring Your or another Registered User’s transmissions, submissions, and postings. Accordingly, RS Healthcare encourages its Registered Users to use reasonable discretion and caution in submitting or reviewing any transmission or posting. Moreover, RS Healthcare does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by You or any other Registered User. Nevertheless, RS Healthcare reserves the right to delete or take other action with respect to transmissions or postings (or parts thereof) that RS Healthcare believes in good faith violate the Terms and/or are, or are potentially, unlawful or harmful to RS Healthcare or its products, services, and goodwill.

 

Privacy Policy

Your use of the RS Healthcare Site may be monitored, including to monitor usage levels, collect data and information, and to ensure compliance with applicable laws and agreements. Accordingly, if You access the RS Healthcare Site you acknowledge and consent to RS Healthcare ’s monitoring, collection and use practices. Please see RS Healthcare ’s Privacy Policy for a summary of its practices in this regard.

 

Alleged Copyright Violations

It is the policy of RS Healthcare to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws. If you become aware of transmissions or postings that violate these rules or believe your copyrighted work has been inappropriately use or made accessible through the RS Healthcare Site, please notify RS Healthcare in writing, as provided below.

 

Links to Other Site

RS Healthcare may provide links, in its sole discretion, to other Site on the World Wide Web for your convenience in locating or accessing related information, products, and services. These Site have not necessarily been reviewed by RS Healthcare and are maintained by third parties over which RS Healthcare exercises no control. Accordingly, RS Healthcare expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web Site. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.

 

Disclaimer

THE RS SITE AND ALL INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE RS SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. RS MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE RS SITE OR IN THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON THE RS SITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE RS SITE. RS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE RS SITE FOR ANY PURPOSE. RS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY INCLUDING, BUT NOT LIMITED ANY IMPLIED WARRANTIES UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. RS ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE RS SITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE RS SITE OR ANY INFORMATION THEREIN IS TO CEASE USE OF THE RS SITE.

 

MOREOVER, IN NO EVENT SHALL RS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OF OR ACESS TO THE RS SITE OR WITH THE DELAY OR INABILITY TO USE THE RS SITE WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF RS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.

 

NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF RS FOR ANY REASON WHATSOEVER RELATED TO YOUR USE THE USE OF OR ACESS TO THE RS SITE AND ALL INFORMATION AND SERVICES THEREIN, OR WITH THE DELAY OR INABILITY TO USE THE RS SITE, INFORMATION OR SERVICES THEREIN SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY/TO YOU TO/FROM RS IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE THREE MONTHS PRIOR TO THE ACT GIVING RISE TO THE DISPUTE.

 

Indemnification

You agree to defend, indemnify, and hold harmless RS Healthcare , its affiliates, officers, directors, employees, agents, licensors, clients, subcontractors, and harmless from and against any and all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) relating to or arising from: (i) Your use of the RS Healthcare Site, (ii) Your violation of the Terms; (iii) Your violation of any third party rights relating to or arising out of Your use of the RS Healthcare Site, or (iv) Your violation of any law or regulation relating to or arising out of Your use or access to the RS Healthcare Site.

 

Term and Termination

The Terms shall take effect immediately upon: Your access to or use of the RS Healthcare Site after the Terms are posted, or if you have executed a separate agreement incorporating or referencing these Terms, the effective date of such agreement. The RS Healthcare Site are provided as a convenience to assist RS Healthcare in conducting its business. RS Healthcare reserves the right to modify, change, or disable the RS Healthcare Site or Your use of or access to the RS Healthcare Site, at any time with or without notice. RS Healthcare shall not be liable for damages in connection with such terminations, disabling, modifications, or changes.

 

In addition, RS Healthcare reserves the right to modify or terminate the Terms and Privacy Policy at any time upon reasonable notice to You. You agree that RS Healthcare may provide reasonable notice of such modifications by posting the new or modified terms (the “Modified Terms”) on the RS Healthcare Site and specifying an effective date that is at least 10 days after the date the Modified Terms are initially posted. You agree that if You continue to use the RS Healthcare Site without written objection to RS Healthcare after the effective date of the Modified Terms, You shall be considered to have accepted the Modified Terms as of the effective date stated therein. Such Modified Terms shall apply prospectively only; in the event of termination or Modified Terms becoming effective, these Terms shall survive as they relate to any pre-termination or pre-modification use, access, actions, or omissions, unless otherwise agreed to by the parties.

 

You may terminate the Terms at any time by ceasing to use the RS Healthcare Site, and if You are a Registered User, by notifying RS Healthcare of your desire to terminate Your account. Upon termination, You must destroy all copies of Confidential Information in your possession, custody or control, except that You may be permitted to obtain a copy of certain Confidential Information to the extent permitted in writing by RS Healthcare or where You are legally required to retain such records.

 

Notices

All notices, requests, demands or other communications to RS Healthcare required under this Agreement shall be made in writing and shall be deemed to have been duly given on the second day after mailing if mailed to the address below by certified mail, postage prepaid or via overnight carrier with delivery confirmation, and properly addressed to:

 

RMS Recruitment Consultants Inc, dba RS Healthcare

Attn: Legal Department

7901 4th Street N, STE 8068

Saint Petersburg, FL, 33702

 

RS Healthcare may provide notice to You by posting on the RS Healthcare Site or otherwise contacting You at any last known email or mailing address.

 

MISCELLANEOUS

The Terms and any claims arising out of or relating to the Terms or Your use of the RS Healthcare Site shall be construed in accordance with and subject to the laws of the State of Florida, without reference to its conflict of law principles. You hereby consent to the exclusive personal jurisdiction in any state or federal court or arbitral forum located in Saint Petersburg, Florida. If any provision of this Agreement is held to be invalid, void or unenforceable, all other provisions shall remain valid and be enforced and construed as if such invalid provision were never a part of this Agreement. The parties hereto agree that this Agreement will be governed by and construed in accordance with the laws of the State of Florida without reference to its choice of law rules and as if wholly performed within the State of Florida. Unless otherwise provided herein, any dispute, controversy or claim arising out of or relating to this Agreement shall be submitted to binding arbitration before the office of Judicial Arbitration and Mediation Services (“JAMS”) located in Saint Petersburg, Florida, as the exclusive remedy.

You acknowledge that any breach, threatened or actual, of the Terms will cause irreparable injury to RS Healthcare , such injury would not be quantifiable in monetary damages, and RS Healthcare would not have an adequate remedy at law. You therefore agree that RS Healthcare shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of the Terms. Accordingly, You hereby waive any requirement that RS Healthcare post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to RS Healthcare to enforce any provision of the Terms.

You may not assign Your rights or obligations to any other person or entity without RS Healthcare ’s prior written consent.

No waiver, delay or failure by RS Healthcare with respect to any right or provision under the Terms shall be deemed a waiver of any other provision or constitute a continuing waiver.

If any provision (or part thereof) contained in the Terms is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language.

No joint venture, partnership, employment, or agency relationship exists between you and RS Healthcare as result of the Terms or your utilization of the RS Healthcare Site.

The heading the Terms are for convenience of reference only and are not to be considered in construing this Agreement.

The Terms represent the entire agreement between You and RS Healthcare with respect to use of the RS Healthcare Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and RS Healthcare that govern Your use of or access to the RS Healthcare Site. No amendments to this Agreement may be made except by a written agreement signed by both the parties. However, in the event You are or were an employee of RS Healthcare , the terms of any employment policies or written agreements signed with the requisite authority from RS Healthcare ’s CEO relating to Your employment with RS Healthcare (including any arbitration agreements) shall control to the extent deemed inconsistent with the Terms.

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