TERMS OF SERVICE

Nurses Direct USA

Last Updated: 12/14/2025

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These Terms of Service (“Terms”) govern access to and use of the staffing services provided by Nurses Direct USA (“Agency,” “we,” “us,” or “our”). By requesting staffing services, entering into a retainer, or using our website, you (“Client,” “Facility,” or “you”) agree to these Terms.

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ATTN: SERVICES OFFERED

Agency provides temporary and contract healthcare referral services, including but not limited to Certified Nursing Assistants (CNAs), Licensed Vocational/Practical Nurses (LVNs/LPNs), and Registered Nurses (RNs) (“Staff”).

All services are subject to Staff availability and acceptance of assignments.

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1. PURPOSE

The Company operates a Healthcare Professional Registry that enables healthcare facilities to access, review, and directly engage independent nurses and healthcare professionals (“Professionals”).

This Agreement governs Client’s access to and use of the Registry.

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2. REGISTRY MODEL – NOT A STAFFING AGENCY 

2.1 No Employment Relationship
The Company is not a staffing agency, employer, co-employer, or agent of any Professional.

2.2 Direct Hire Responsibility
All Professionals are engaged, paid, supervised, and controlled solely by the Client.

2.3 No Payroll or Supervision
The Company does not:

• Pay wages

• Set schedules

• Supervise care

• Provide benefits, insurance, or workers’ compensation

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3. SUBSCRIPTION PLANS & ACCESS

3.1 Subscription-Based Access
Client must enroll in a paid subscription plan (“Plan”) to access the Registry.

3.2 Plan Features
Plans may include:

• Number of active job listings

• Response or placement time windows

• Level of Professional visibility

• Optional speed or priority add-ons

Plan details are published on the Company’s website or pricing sheet and incorporated by reference.

3.3 No Placement or Conversion Fees
Unless explicitly stated in writing, there are no per-hire placement fees, conversion fees, or percentage markups.

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4. OPTIONAL ADD-ONS & EXPEDITED SERVICES

Client may purchase optional add-ons, including but not limited to:

• Same-day or under-24-hour promotion

• Priority listing distribution

• Featured job placements

All add-on fees are non-refundable once initiated, regardless of hiring outcome.

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5. BACKGROUND CHECKS & CREDENTIAL VERIFICATION (ADD-ON SERVICES)

5.1 Optional Convenience Services
The Company may offer background checks and credential verification as paid add-ons.

5.2 Third-Party Providers
These services may be conducted by independent third-party providers. The Company does not guarantee accuracy or completeness.

5.3 No Certification or Endorsement
Verification results do not constitute certification, endorsement, or assurance of fitness, competency, or legal eligibility.

5.4 Client Bears Final Responsibility
Client retains sole responsibility for:

• Final credential verification

• Compliance with all healthcare, labor, and employment laws

• Hiring and engagement decisions

The Company assumes no liability for reliance on verification results.

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6. CLIENT RESPONSIBILITIES

Client agrees to:

• Verify licenses, certifications, and eligibility

• Obtain all required consents and disclosures

• Pay Professionals directly and lawfully

• Maintain required insurance coverage

• Comply with all federal, state, and local laws

• ​• All hiring requests must be submitted via our Hire Request Form
  • Each request counts as one job slot under your plan
  • Candidates are pre-screened, licensed, and availability confirmed
  • Candidate profiles and resumes are submitted for your review
  • Your team schedules and conducts all interviews directly with candidates
  • Your team completes credentialing, onboarding, and hiring
  • Same-day candidate attempts are available as an Ad-On

• Nurses Direct USA provides recruiting and talent sourcing services only. We are not the employer of record. All interviews, credentialing, onboarding, and hiring decisions are the responsibility of the client.

7. PAYMENT TERMS

7.1 Billing
Subscriptions are billed monthly in advance and auto-renew unless canceled.

7.2 Non-Payment
Failure to pay may result in immediate suspension or termination.

7.3 No Refunds
All fees are non-refundable, including unused access.

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8. TERM & TERMINATION

8.1 Term
This Agreement is month-to-month unless otherwise stated.

8.2 Client Termination
Client may terminate with 30 days’ written notice.

8.3 Company Termination
Company may terminate immediately for:

• Non-payment

• Misuse of the Registry

• Legal or regulatory violations​

9. NON-CIRCUMVENTION

Client shall not:

• Use Registry access to resell or redistribute Professionals

• Misrepresent job terms

• Attempt to bypass the Registry to avoid fees

This section survives termination for 12 months.

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10. CONFIDENTIALITY

Client agrees to protect all Registry data, pricing, and Professional information as confidential.

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11. LIMITATION OF LIABILITY

To the fullest extent permitted by law:

• Company is not liable for indirect or consequential damages

• Total liability shall not exceed fees paid in the preceding three (3) months​

12. INDEMNIFICATION

Client agrees to indemnify and hold harmless the Company from claims arising from:

• Hiring or engagement of Professionals

• Wage, tax, or employment disputes

• Clinical acts or omissions​

13. GOVERNING LAW

This Agreement is governed by the laws of the State of California, without regard to conflict-of-law principles.

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14. MANDATORY ARBITRATION – AAA (CALIFORNIA COMPLIANT)

14.1 Binding Arbitration
Any dispute arising from this Agreement shall be resolved exclusively by final and binding arbitration.

14.2 Administrator
Arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

14.3 Location
Arbitration shall occur in California, or remotely if permitted.

14.4 Waiver of Jury Trial
THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.

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15. CLASS ACTION & PAGA WAIVER (CRITICAL – CA)

15.1 Class Action Waiver
Claims must be brought individually only. No class, collective, or representative actions are permitted.

15.2 PAGA Waiver
Client waives the right to bring claims under the California Private Attorneys General Act (PAGA) to the maximum extent permitted by law. Any non-waivable PAGA claims shall be resolved individually in arbitration.

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16. INJUNCTIVE RELIEF

Either party may seek temporary injunctive relief in court to protect confidential information or prevent misuse of the Registry.

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17. SURVIVAL

Sections relating to arbitration, liability, indemnification, confidentiality, and non-circumvention survive termination.

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18. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions.

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Nurses Direct USA
Email: recruiting@NursesDirectUSA.com
Phone: 310-404-9063