These Terms of Use and Service ("Terms") state the terms and conditions for the use of this website ("Site") operated by PRNPool.com (“PRNPool”), a service provided by Medical Contracting Services, Inc., a Texas corporation. Please review these Terms carefully. By accessing, browsing, or using the Site ("Use"), you ("User", "Customer", "You" or "Your"), yourself and on behalf of any of Your Authorized Users (as more fully set forth below), acknowledge acceptance of the terms and conditions listed in these Terms. Your access to the interactive temporary medical personnel placement platform ("Service") available through the Site requires your compliance with these Terms - if you do not accept these Terms, please do not use this Site . PRNPool reserves the right to update these Terms from time to time in its sole discretion. You should review these Terms periodically for updates and changes.
A user account is required to access the Service and may be accessed and used only by You, Your employees, authorized representatives and/or agents who are registered with a valid security identification and password to access and use the Service (the "Authorized Users"). In registering for the Service, You agree to submit accurate, current and complete information about You, Your organization, and any other information requested by PRNPool in the registration process and/or other Use of the Site ("Submitted Information"), and promptly update such information. Should PRNPool suspect that such Submitted Information is untrue, inaccurate, not current or incomplete, PRNPool has the right to suspend or terminate Your Use of the Service. Upon registration to the Service, You (and any Authorized Users) will be assigned a personal, non-transferable password. You are solely responsible for any and all activities that occur under Your Authorized Users' accounts and ensuring that Your Authorized Users exit or log-off from accounts at the end of each session of use. You shall notify PRNPool immediately of any unauthorized use of Your Authorized Users passwords or accounts or any other breach of security that is known or suspected by You. User accounts cannot be "shared" or used by more than one individual.
This Agreement is effective beginning as of either the date that You register to Use the Service, and continues in effect unless earlier terminated in accordance with these Terms.
If You have registered with the Service and have a valid user name and password, and subject to the terms and conditions herein and any Additional Terms, PRNPool grants to You (and any Authorized Users, as applicable) the right to access the Service. PRNPool further grants You a personal, non-exclusive, non-transferable license to view and temporarily cache any text, layout, photographs, graphics, design of and "look and feel" of the Site, audio, video, files, images or other materials graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code (collectively, the "Material") attendant to Your Use of the Service All Materials displayed or made available on the Site are the exclusive property of PRNPool or its content suppliers. Consistent with the license grant set forth above, You are solely responsible for designating any Authorized Users.
No title to or ownership of the Licensed Application, Documentation or any parts or copies thereof is transferred to Customer, or any of its Authorized Users whatsoever. All Materials, whether publicly posted or privately transmitted, as well as all derivative works thereof, are owned by PRNPool and are protected by U.S. and international copyright laws and any other applicable intellectual property rules, regulations, and laws. PRNPool retains all right, title and interest to the Materials and all intellectual property rights thereto including, but not limited to, all patents, copyrights, trademarks, trade names, trade secrets, and other proprietary rights. Trademarks, logos, images and service marks displayed on the Site are the property of either PRNPool or their respective owners. Except where a function of the Site, the Materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means. Except as expressly permitted herein, You shall not (i) use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Material, or (ii) use the Material on other web sites or any media, e.g., networking environment, without PRNPool’s prior written consent. Except for the limited license rights set forth in these Terms, all rights in and to the Materials under the Service are expressly reserved. You shall not upload any data, or otherwise access and/or use the Site, in any manner that would materially impact the operation of the Site. Any use of the Site and/or Materials for any purpose other than expressly permitted under these Terms is expressly prohibited.
The Site provides a forum for you to obtain information regarding temporary medical services placement. By submitting or entering Your Submitted Information, You agree that You grant PRNPool a perpetual, non-exclusive, irrevocable, royalty free, worldwide license and right, but not the obligation, to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish, transfer, adapt, create derivative works in any manner, in entirety or a portion of, of Your Submitted Information, and by any means, forever and worldwide. PRNPool makes no representation regarding the reliability, accuracy, completeness, validity, or truthfulness of any Submitted Information, and reserves the right, in its sole discretion, to delete, remove, refuse to display, or block any Submitted Information that PRNPool considers to be unacceptable. In the event PRNPool receives notification regarding any unacceptable Submitted Information, PRNPool may investigate such materials, in its sole discretion. You acknowledge and agree that PRNPool may retain copies of Your Submitted Information and disclose your Submitted Information to a third party if PRNPool believes that it is necessary to: (i) protect the integrity of the Site; (ii) protect rights of PRNPool; (iii) comply with any court order; (iv) comply with any legal proceedings; (v) assert PRNPool's rights under these Terms; and (vi) satisfy any claims regarding violations of third party's rights.
By Your Use of the Site, You agree to use the Site only for lawful purposes in searching for temporary medical staffing opportunities, and to provide and maintain accurate and complete Submitted Information. In connection with Your Use of the Site, You agree not to: (a) upload, transmit, post, email or otherwise make available through the Service, any content or other material in any format that is false, inaccurate, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, libelous and/or otherwise objectionable, or otherwise contain any viruses, worms, Trojan horses, corrupted files, or any other similar software or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (b) alter, remove, or falsify any attributions or other proprietary designations of origin or source of any other content appearing on the Site or contained in a file that is uploaded to the Site, or otherwise impersonate any person or entity or misrepresent yourself, Your affiliation with any third-party, or Your entity; (c) use any device, process, or mechanism that interferes or attempts to interfere with the proper working of the Site or affects the integrity of the Submitted Information or Materials without PRNPool’s prior written consent; (d) breach or attempt to breach any security measures on the Site; (f) violate any applicable local, state or federal rules, regulations, statutes, and orders of the United States of America and in any other state, county or city with jurisdiction over You or Your activities under these Terms, or (g) take any action that imposes an unreasonable or disproportionately large load on the Site.
PRNPool will take commercially reasonable precautions to secure its Site against unauthorized access by third parties, and against damage, disruption and other activity aimed at Service availability, or other trespass or illegal actions.
PRNPool reserves the right to temporarily deny and/or cancel access privileges for any Customer suspected of attempting to work outside parameters which threaten the security of the Service, its components, Submitted Information and/or PRNPool’s provision of the Services. Notwithstanding the foregoing, customer accepts sole responsibility for the accuracy and adequacy of its submitted information, and for all results obtained there from. Customer shall be liable for any and all expenses, losses, damage to the reputation of PRNPool and other damages to the Site, Submitted Information, Materials or components thereof arising out of or caused by the negligent or willful misconduct of any Authorized Users, other Customer employees who are not Authorized Users, or Customer agents using knowledge gained from Customer or its employees.
In providing the Service, You and/or Authorized Users will be providing data through the Site. PRNPool has no control over the Submitted Information input by You and/or other Authorized Users, and relies upon You and/or other Authorized Users to submit accurate information. As a result, PRNPool is not responsible for Submitted Information that is discovered to be inaccurate, missing, or which is corrupted due to technological or other causes beyond the reasonable control of PRNPool. PRNPool currently does not access or use any Submitted Information other than to (a) cache such data temporarily as part of the function of the Service through the Site, (b) temporarily backup the data to maintain a high- quality of Service, or (c) to share such data with You and/or Authorized Users in providing the Service. PRNPool does not share any Submitted Information any third parties whatsoever, and limits such disclosure to its employees, agents and authorized representatives in providing the Service to You. PRNPool reserves the right to take archiving and other measures that it deems necessary in order to ensure high-quality server performance and maintenance of its servers. For further information on how PRNPool handles the privacy of Your Submitted Information, please read our Privacy Policy.
Customer hereby agrees to indemnify and hold PRNPool and its officers, associates, and agents harmless for any loss, damage, expense, or liability (including reasonable attorney fees) resulting from any claim, action, or demand arising out of or related to Your access to and use of the Service, output generated by You or Your Authorized Users from the accessto and use of the Service, or the unauthorized use, handling or release of Submitted Information relating to You or Your Authorized Users’ access to and use of the Service.
PRNPool reserves the right to modify, suspend or discontinue all or any portion of the Service at any time, without cause or notice, for any reasons. Upon termination, You and any other Authorized Users shall be prohibited from using the Site and accessing the Services. If you want to terminate Your account, You may cease Your Use of the Site. PRNPool shall not be responsible for maintaining or returning your Submitted Information, your account, or your logon and password. You should always maintain a copy of your Submitted Information. Termination or expiration will have no effect on the parties’ rights or obligations under these Terms, which survive termination by their terms.
The PRNPool Network may contain links to third party sites. The linked sites are not under the control of PRNPool. PRNPool does not endorse, adopt or undertake any responsibility for the content or privacy practices of any linked site, including, but not limited to, information provided at the Website that may link the user to a third party web site. In no event shall PRNPool or its licensors be responsible for any content or other materials on or available through such third party sites.
In registering for access to the Services, You and any Authorized Users are being granted access to an interactive application platform for temporary medical staffing. Given the nature of the Services, there are many factors outside the reasonable control of PRNPool that may affect the access to and Use of the Site, including but not limited to failures or difficulties with the Internet, or Submitted Information provided by a Customer to the Site. As a registered user, You and any Authorized Users are provided information upon which You will be required to make a decision. Customer remains solely responsible for acting or deciding not to act on Submitted Information input into the Site, or the results provided through Use of the Service and such Submitted Information. Therefore, you understand and agree that PRNPool (a) does not warrant that you will obtain temporary staffing or otherwise receive any temporary placement offers through the site; (b) shall not be responsible for any background screenings, staffing decisions, and/or temporary placement, through use of the service; and (c) is neither your employer nor your agent in any regard. You shall use your own judgment, caution, and common sense in evaluating any prospective placement and any related information.
In providing the Services, PRNPool is also not responsible for loss of data associated with the failure of the Customer’s equipment, software or any ISP. Accordingly, the services are provided “AS-IS” and “WITH ALL FAULTS” without warranty of any kind. Further, there is no warranty, representation or guarantee that the site will continuously operate, be error free or virus-free, or will meet your requirements or those of any other authorized users. No other warranties, express, implied or statutory, are given to you regarding the site, services, submitted information or materials, including any warranties of merchantability, fitness for a particular use or purpose, accuracy, validity, truthfulness, or non-infringement of third party rights, which are hereby disclaimed.
You agree to assume all risks associated with, arising out of, or resulting from your use of the site, any materials or the services including, but not limited to, the risks of financial loss, physical harm, property damages, dealing with other users of the site, strangers, minors, or foreign nationals, and persons acting under false pretense. You further agree to release PRNPool, its parents, subsidiaries, affiliates, officers, agents, and employees, harmless from all claims, demands, damages (direct, indirect, and consequential) of any kind or nature, known or unknown, associated with, arising out of, or resulting from your usage of the site, your submitted information, any materials or any transactions related to or resulting from your use of the site. If you are a California Resident, you waive California Civil Code §1542, which says: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor". You further understand and agree that in no event will PRNPool, its parents, subsidiaries, affiliates, officers, agents, employees, and suppliers be liable, whether in contract, tort (including negligence) or other legal theory, for any indirect, incidental, special, punitive, or consequential damages, or damages for loss of profits, goodwill, revenue, data, or use, incurred by you or any third party, arising out of the use, the results of use, or inability to use the site, services or materials whether in an action in contract, tort, or breach or failure of warranty, even if customer or others have been advised of the possibility of such damages or claim and even if the remedies provided in this agreement fail of their essential purpose, even if customer or others have been advised of the possibility of such damages or claim and even if the remedies provided in this agreement fail of their essential purpose. In the event some jurisdictions prohibit the exclusion of certain warranties, the limitation of liability, or the disclaimer of certain damages, PRNPool's aggregate liability for any damages shall not exceed U.S. $10.
This Agreement shall be governed by the laws of the State of Texas, without regard to its choice of law rules. Customer agrees that any action at law or in equity arising out of or relating to these terms shall be filed only in the state and federal courts located in Dallas County in the State of Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Should a candidate already be an employee of a facility and placed at that facility by PRNPool in another department or the same department, said facility is still required to abide by the payment arrangements and fee schedule set forth by PRNPool.com.
Client agrees not to accept a PRN Professional either part-time, full-time, temporary, or as a contracted employee, for a one year period, following the completion of an assignment unless the Professional is contracted through PRNPool. In the event Client hires the Professional for its permanent staff within the aforementioned one year period, then Client will be billed 20% of the individual's calculated full-time annual salary.
Travel assignment is defined as a Professional being further than 100 miles from their permanent residence to provide services.
Based on the pre-scheduled shifts, an expected number of hours per week (36, 40 , etc) will be expected to be paid to the Professional and billed to the Customer if the Professional is willing and able to render the services. If the Professional and CUstomer agree to modify the schedule for the Professional to take time off then the pre-scheduled shifts / expected hours will not be paid or billed.
On call hours and call backs will be scheduled as needed at the agreed upon rates. There is a 2 hour minimum for call backs.
Worked holidays will be billed at time and a half of the regular rate for the following holidays:
There will be a charge of 20% of the time requested if Customer cancels within 14 days prior to the start of the scheduled shifts. In the event of cancellation, Customer will be responsible for any non-refundable travel and lodging expenses UNLESS MCS is given the opportunity to provide a replacement for the duration of the existing contract. In the event that the Professional is released due to incompetence, unmanageability, or refusal to comply with Customer's policies and/or practices, Customer agrees to provide written documentation to PRNPool.com describing the cause for termination. It is also agreed that Customer will provide two weeks advance written notice to PRNPool.com and the Professional in the event that permanent staff is hired prior to the end date of this contract.
Extreme circumstances, such as death in the family, sudden illness or any other emergency will render this contract null and void. PRNPool.com will make every attempt to find a replacement professional should such an emergency occur, but PRNPool.com cannot and will not guarantee such a replacement.
The Professional profiled under the terms of this contract is not a MCS employee, but a subcontracted individual on assignment to the Customer, however PRNPool.com is responsible for all wages due to the Professional.
PRNPool.com shall provide professional and general liability insurance coverage for the healthcare Professional providing services to Customer.
PRNPool.com is an equal opportunity employer and prohibits job discrimination on the basis of race, color, religion, sex, or national origin.
Both parties agree to indemnify and hold harmless each other, its officers, agents, directors, trustees and employees from all claims and liabilities (including reasonable attorney’s fees and expenses incurred in the defense thereof) relating to any property damage, personal injuries or death arising out of the act or omissions in connection with the duties and services of each party or its contractors or employees provided under this agreement.
This agreement contains entire agreement of the parties and shall not be amended or modified except by an agreement in writing executed by all parties hereto in the same form, as this agreement.
Any occupational safety hazards or events should be reported immediately to PRNPool.com via email to bkleinfall@medicalcontracting.com or via phone to 800-388-5581.
If any provision of these Terms is held to be illegal, invalid, or unenforceable then that provision shall be fully severable from these Terms and shall not affect the legality, validity or enforceability of the remaining provisions of these Terms. PRNPool reserves the right, in its sole discretion and at any time: (i) to modify or discontinue the Service, or components thereof; (ii) to limit, terminate or suspend your use of the Services or components thereof; (iii) increase charges for the use of the Service in the future; or (iv) to make changes to these Terms by providing you with the terms to be added or modified and you shall have the right to terminate these Terms if you choose not to accept those terms, as modified, pursuant to Section 9 hereof. Failure of PRNPool to enforce any of the terms or conditions of these Terms, unless waived in writing, shall not constitute a waiver of PRNPool’s right to enforce each and every term and condition of these Terms.
If you should require additional assistance regarding this Site or these Terms, please contact us at bkleinfall@PRNPool.com.
Last Updated: September 30, 2022.