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PROMPT CAREER CONNECTION SERVICES TERMS AND CONDITIONS

These Prompt Career Connection Services Terms and Conditions govern Customer’s use of the Prompt Career Connection Services and are incorporated into and made a part of the Agreement. All terms and conditions of the Agreement apply except to the extent expressly modified herein.

  1. 1. Services. The parties acknowledge that Prompt may provide Customer with information about, or introductions to, potential candidates who may wish to seek employment with Customer (each a “Candidate,” with such services provided by Prompt to be deemed the “Prompt Career Connection Services”). The Prompt Career Connection Services will fall under the definition of Prompt Services as set forth in the Agreement.

  2. 2. Responsibilities. 

    1. 2.1. The Prompt Career Connection Services solely include Prompt’s provision of, at its discretion, Candidate introductions to Customer as an informational service. The parties expressly agree and acknowledge that it is at Prompt’s sole discretion as to whether it will provide Customer with any Candidate introductions, and Prompt is under no obligation to do so. The Prompt Career Connection Services do not include any Implementation Services, Availability commitments, or support or maintenance obligations as set forth in the Agreement.

    2. 2.2. Customer is solely responsible for: (a) evaluating each Candidate, including without limitation, each Candidate’s qualifications, background, references, skills assessments, verification of credentials, and suitability; (b) making any hiring or engagement decision related to any Candidate; (c) any outcomes or consequences arising from Customer’s decisions relating to (a) or (b); and (d) complying with all applicable federal, state, and local laws and regulations in relation to any Candidate (including, but not limited to, those related to employment, background checks, work authorization, employee classification, and payment/wage practices).

  3. 3. Disclaimers. 

    1. 3.1. Prompt does not employ, supervise, or control any Candidate, and makes no promises, representations, or warranties (express or implied) regarding any Candidate, including without limitation the qualifications, performance, background, suitability, or fitness of any Candidate for any specific role, or for employment in general, with Customer.

    2. 3.2. Prompt expressly disclaims all liability arising from or related to Customer’s decision to interview, hire, engage, or terminate, any Candidate. Additionally, Prompt expressly disclaims any liability related to the accuracy or completeness of information provided by any Candidate.

    3. 3.3. The Prompt Career Connection Services may be discontinued at Prompt’s sole discretion at any time with or without notice.

    4. 3.4. NOTWITHSTANDING ANY OTHER TERM IN THE AGREEMENT, THE PROMPT CAREER CONNECTION SERVICES ARE PROVIDED “AS IS” AND “AS-AVAILABLE” WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND. PROMPT AND ITS AFFILIATES, VENDORS, AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROMPT OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE ANY OTHER WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF PROMPT’S OBLIGATIONS HEREUNDER.

  4. 4. Indemnification. In addition to any other indemnification obligations set forth in the Agreement, Customer will defend, indemnify, and hold harmless Prompt and its Affiliates, and its and their respective principals, owners, officers, directors, managers, employees, and agents, from and against any and all claims, losses, deficiencies, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees) incurred by Prompt or its Affiliates arising out of, or related to, the Prompt Career Connection Services, including without limitation, any claim brought by a Candidate or related to any Candidate.