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Terms of Service

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Terms of Service

Effective Date: January 1, 2025

  1. Introduction Welcome to HCP Talent, LLC (d/b/a HCP Talent) ("we," "our," or "us"). These Terms of Service ("Terms") govern your use of our website and any communications, including SMS messages, that you receive from us. By accessing or using our services, you agree to these Terms.

  2. Types of Messages You May Receive We send communications including but not limited to emails and SMS messages to provide you with relevant updates and information based on your interactions with us. These messages may include but are not limited to:

    • Customers and Guests: Updates or inquiries regarding your upcoming appointments, installation, or documentation related to your solar project.

    • Job Applicants: Information about your application status, onboarding materials, or other employment-related updates.

  • Marketing messages: Messages about our products and services

  • Newsletters: Regular updates about HCP Talent and the healthcare industry.

  • Other messages we deem may be of interest to you

  1. Messaging Disclosures

  • Messaging Frequency: The number of messages you receive may vary depending on your interaction with our services.

  • Message and Data Rates: Standard message and data rates may apply from your mobile carrier.

  • Opt-Out Option: You can opt out of receiving email or SMS messages at any time by replying or texting "STOP."

  • Assistance: For help, text "HELP" or visit our https://www.hcptalent.com/privacy-policy and https://www.hcptalent.com/terms-of-service

  1. User Responsibilities By using our services, you agree to:

  • Provide accurate and up-to-date contact information.

  • Not use our services for any unlawful or abusive purposes.

  • Accept that message delivery may depend on third-party service providers and network availability.

  1. Termination and Changes We reserve the right to modify or terminate these Terms at any time. Updates will be posted on our website with an updated effective date. Continued use of our services after changes indicates your acceptance of the updated Terms.

  2. Contact Us If you have any questions about these Terms of Service, please contact us at:

HCP Talent, LLC info@hcptalent.com (646) 434-8495 132 W 31st Ste 1300 New York, NY 10001

 

7: MANDATORY ARBITRATION: YOU AGREE TO HAVE ALL DISPUTES DECIDED BY A NEUTRAL THREE ARBITRATOR ARBITRATION PANEL WITH THE NEW YORK CITY BRANCH OF JAMS ("JAMS") OR A SIMILAR ORGANIZATION TO BE GOVERNED BY THE JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES OR SIMILAR CONSTRUCTION RULES OF THAT ORGANIZATION APPLICABLE AT THE TIME OF THE COMMENCEMENT OF THE ARBITRATION. YOU UNDERSTAND AND AGREE TO THE VENUE FOR ANY ARBITRATION PROCEEDINGS BEING IN NEW YORK CITY, NEW YORK AS SET FORTH HEREIN WITH DELAWARE LAW CONTROLLING.

YOU ACKNOWLEDGE THAT YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR BY JURY TRIAL. BY USING OUR SERVICE YOU ARE GIVING UP YOUR RESPECTIVE JUDICIAL RIGHTS TO DISCOVERY AND APPEAL UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN JAMS RULES. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE FEDERAL ARBITRATION ACT OR APPLICABLE LAW.  THE CLAIMANT IN ANY ARBITRATION ACTION SHALL BEAR ALL ARBITRATION COSTS AND FEES CHARGED BY THE ARBITION ORGANIZATION (i.e. JAMS).

YOU FURTHER ACKNOWLEDGE AND AGREE, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN A WRITTEN CONTRACT BETWEEN US AND YOU, THAT IN THE EVENT OF ARBITRATION PROCEEDINGS (OR LITIGATION), NEITHER PARTY SHALL BE ENTITLED TO RECOVERY OF THEIR ATTORNEY’S, EXPERT, COURT, OR LEGAL FEES OF ANY KIND; EACH PARTY SHALL BEAR ITS OWN LEGAL COSTS.

The Parties expressly agree that in no event shall either Party be liable for any speculative, consequential or punitive damages arising or related to the Purchase Agreement and/or this Addendum.

  1. CLASS ACTION WAIVER. YOU HEREBY WAIVES, WITH RESPECT TO ANY DISPUTE: (I) THE RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER; AND (II) THE RIGHT TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSON.  The foregoing waiver is referred to herein as the “class action waiver”. You agree that no arbitrator shall have authority to conduct any arbitration in violation of the class action waiver or to issue any relief that applies to any person or entity other than individually. The parties acknowledge that this class action waiver is material and essential to the arbitration of any claims. The parties acknowledge and agree that under no circumstances will a class action be arbitrated.

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