Terms and Conditions
For purposes of these Terms, the language “Princess DentalStaffing.com”, “PDS”, "we," "us," and "our" refer to Princess Dental Staffing, LLC. The words “Site” and “website” refer to www.PrincessDentalStaffing.com and any other web pages, mobile applications and mobile websites operated by Princess Dental Staffing, LLC. The "Services" shall mean any of the various services that Princess Dental Staffing, LLC provides through the Site or any other channels, including over the telephone. The services and sites offered by other subsidiaries are subject to separate terms, which can be found on their respective sites and/or service materials. In addition, these Terms do not apply to third party entities that may use the PrincessDentalStaffing.com Site or Services. Such entities' use of the PrincessDentalStaffing.com Site and Services are subject to separate terms that they agreed to when partnering with Princess Dental Staffing, LLC.
Certain Services are subject to additional policies, rules, terms and conditions, which are set forth in the online materials relating to those services ("Additional Terms").
- Please read these Terms and any applicable Additional Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you register as a user of the Site or Services ("Registered Users").
1. Description of Services; Limitations; User Responsibilities
1.1 About Our Services
PDS offers various Services to help its users find, coordinate, and maintain quality professional dental care opportunities. The Services we offer include, among others:
- We enable individuals and corporate providers (“Clients”) seeking qualified personnel (such as front desk personnel, dental assistants, dental hygienists and dentists, each "Candidates") to search for Candidates and post jobs on the Site, and we enable individuals and entities who provide services ("Candidates") to post profiles on the Site and apply for opportunities and potential jobs.
- We provide search functionality on the Site to allow Clients to filter the pool of Candidates they are interested in meeting based on their needs and preferences, and we provide a communications platform that allows Clients and Candidates to preliminarily communicate without sharing contact information.
- We provide tools and information to help Clients and Candidates make more informed decisions.
- We provide a directory of entity Candidates such as front desk personnel, dental assistants, hygienist and dentists that users may contact or request information from.
Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.
1.2. Limitations of our Services
We offer a variety of Services to help our users find, coordinate, and maintain quality help in the dental field. However, we do not employ any Candidates. Clients are the potential employers of Candidates and are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable payroll, tax and minimum wage laws). Clients electing to compensate Candidates as independent contractors do so under their own jurisprudence and must follow federal and state guidelines defining such a classification.
Further, we do not have control over the quality, timing, or legality of the services actually delivered by Candidates, nor of the integrity, responsibility or actions of Clients or Candidates. We do not directly refer or recommend either Clients or Candidates, even though we may share recommendations from other Registered Users, nor do we make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by Candidates or the integrity, responsibility or actions of Clients or Candidates whether in public, private or offline interactions. Specifically, profile tags like "Recommended" and "Highly recommended" displayed on candidate profiles represent a reflection of user feedback, and are not actual recommendations or opinions of PDS.
Through PrincessDentalStaffing.com we may provide a customized list of potential individuals, companies and/or agencies to consider based on the information and preferences provided to us. In providing these services, neither we nor our respective employees are making a referral to, or endorsing, any individual, company or agency nor are we providing any medical, diagnostic, treatment or clinical service or engaging in any conduct that requires a professional license.
Client and Candidate content is primarily user generated, and we do not control or vet user generated content for accuracy as a general matter. PDS does not assume any responsibility for the accuracy or reliability of any information provided by Candidates or Clients on or off this Site. We may offer certain Registered Users the opportunity to verify certain information such as their email address or cell phone number. If we indicate that a Registered User has verified certain information, it means that the user has complied with the process we have established for verifying such information. However, we do not guarantee, nor do we represent or warrant as to, the accuracy of such information.
PDS is not responsible for the conduct, whether online or offline, of any Client, Candidate or other user of the Site or Service. Moreover, PDS does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All users, including both Clients and Candidates, hereby expressly agree not to hold PDS (or PDS’ officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, hereinafter "Affiliates") liable for the actions or inactions of any Client, Candidate or other third party or for any information, instruction, advice or services which originated through the Site, and, to the maximum extent permissible under applicable law, PDS and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
1.3. User Responsibilities
Any screening of a Client or Candidate and his, her or its information by PDS is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual's or entity's suitability as an employer or provider. Registered Users are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate Client or Candidate for themselves.
Please see a qualified accountant or attorney for recommendations on how to make more informed hiring and employment decisions. Each Client is also responsible for complying with all applicable employment and other laws in connection with any employment relationship they establish, including verifying the age of the Candidate they select as well as that Candidate's eligibility to work in the US.
2. Eligibility to Use the Site and Services; Representations and Warranties
To be eligible to use our Services, you must meet the following criteria:
- Our Services are available only to individuals who are eighteen (18) years of age or older. If you do not meet the above age requirements, do not register to use the Site or Services.
- The Site and the Services are currently available only to individuals who are legally in the jurisdiction of the United States.
- If you are registering to be a Candidate, you must be permitted to legally work within the United States.
- Neither you nor any member of your household may have ever been (i) the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, or (ii) registered, or currently required to register, as a sex offender with any government entity.
- You must not be a competitor of PDS or using our Services for reasons that are in competition with PDS.
PDS reserves the right to refuse, revoke, or suspend service for any user (candidate or employer) with or without cause.
2.2. Representations and Warranties
By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof.
In addition, you represent and warrant that you and each member of your household (i) have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, and (ii) are not nor have ever been registered, and are not currently required to register, as a sex offender with any government entity.
3. Rules for User Conduct and Use of Services
3.1. Registration, Posting, and Content Restrictions
The following rules pertain to "Content", defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through PrincessDentalStaffing.com’s Services, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, "post"). By transmitting and submitting any Content while using our Service, you agree, represent and warrant as follows:
- You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.
- You will register your account in your own legal name
- All Content you post will be in English as the Site and Services are not currently supported in any other languages.
- You are solely responsible for any Content that you post on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from PrincessDentalStaffing.com where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to PrincessDentalStaffing.com or to any other user of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you post to post such Content.
- You understand and agree that PDS may, in its sole discretion, review and delete any Content, in each case in whole or in part, that in the sole judgment of PDS violates these Terms or which PDS determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others.
- You have the right, and hereby grant, to PDS, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by PrincessDentalStaffing.com will not infringe or violate the rights of any third party.
- Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
- PDS is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.
Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by PDS, are those of their respective authors. Such authors are solely responsible for such content. PrincessDentalStaffing.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will PDS or its Affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or b) reviews, recommendations or comments made about you on the Site by other users.
You agree that PDS has no obligation to remove any reviews or other information on the Site about you or any other person or entity. If you disagree with a review, you contact us with your rebuttal, provided your rebuttal complies with these Terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. The author of a review can always remove or request removal of a review they have written.
To the maximum extent permitted by law, PDS disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the site. Users do hereby represent, understand and agree to hold PDS harmless for any misstatements and/or misrepresentations made by or on behalf of them on this Site or in any other venue.
3.2. Exclusive Use
If you are a Client, you may use your account only to find help for yourself. If you are a Candidate, you may use your account only to find jobs for yourself. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.
3.3. Prohibited Uses
By using the Site or Services of PDS, you agree that you will not under any circumstances:
- use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the Site or Services for any unlawful purpose, for any purpose not expressly intended by PrincessDentalStaffing.com or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user's PrincessDentalStaffing.com account;
- provide false or inaccurate information when registering an account on PrincessDentalStaffing.com, using the Services or communicating with other Registered Users;
- attempt to re-register with PrincessDentalStaffing.com if we have inactivated or terminated your account for any or no reason or inactivate or terminate your registration and re-register in order to prevent a review from being associated with your account;
- interfere or attempt to interfere with the proper functioning of PrincessDentalStaffing.com’s Services;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
- use the communication systems provided by or contacts made on PrincessDentalStaffing.com for any commercial solicitation purposes;
- publish or link to malicious content intended to damage or disrupt another user's browser or computer.
In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of phone numbers or resumes a Client may view or the number of emails a user may send in any 24-hour period to a number which we deem appropriate in our sole discretion.
Should PDS find that you violated the terms of this Section or any terms stated herein, PDS reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. By using the Site and/or Services, you agree that PDS may assess, and you will be obligated to pay, a $5,000 daily penalty for scraping, either in a manual or automatic manner, Candidate or Client information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise mis-using or mis-appropriating Site content, including but not limited to, use on a "mirrored", competitive, or third party site. This fee shall be in addition to any other rights PDS may have under these Terms or applicable law.
Further, in order to protect the integrity of the Site and the Services, PDS reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
4. Background Checks
4.1 PDS May Order and Use Background Checks About You
By using the Site or Services as a Client or Candidate, you hereby acknowledge and agree that PDS has the right, but not the obligation, to use a third party consumer reporting agency on an ongoing basis to use your personal information to run periodic background checks on you for the legitimate business purpose of protecting the safety and integrity of our Site and its users ("Internal Background Checks"). PDS may order these checks when you register with PrincessDentalStaffing.com and thereafter in connection with your continued use of our Services and/or interaction with our Site (such as by contacting or communicating with other members, posting or updating a job or profile, etc.).
These Internal Background Checks are also regulated by the Fair Credit Reporting Act (the "FCRA"), and the background reports resulting from these services are considered "consumer reports" under the FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports.
You understand and agree that PDS may review the information provided by the third party consumer reporting agency and that PrincessDentalStaffing.com retains the right to terminate your PrincessDentalStaffing.com registration based on the information it receives from these checks, even if such information was subsequently dismissed. If PDS terminates your membership or access to the Site on the basis of information in a background report, we will notify you and provide you the name and contact information of the consumer reporting agency that created the report. We will also provide you a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that PDS does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it (and not PrincessDentalStaffing.com) within the time period specified in your notice.
BY AGREEING TO THESE TERMS AND USING OUR SITE, YOU AGREE TO ALLOW PDS TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE PRINCESSDENTALSTAFFING.COM. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE CHECKS TO BE PERFORMED.
4.2. PDS May Regularly Verify Your Identity and the Accuracy of Your Representations and Warranties
By registering as a Candidate or Client, you authorize PDS, and acknowledge that for purposes of promoting the safety and integrity of its Site and Service, PDS reserves the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that your registration data is accurate and that the representations and warranties in Section 2.2 above addressing legal matters such as complaints, arrests, sex offender status, etc. are also true ("Verification Checks"). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data.
You agree that PDS may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your membership, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for PrincessDentalStaffing.com.
You also hereby represent, understand and expressly agree that PDS does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. We do not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes.
BY AGREEING TO THESE TERMS, YOU AGREE TO ALLOW PDS TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE PRINCESSDENTALSTAFFING.COM. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE VERIFICATION CHECKS TO BE PERFORMED.
4.3 Release of Liability for Results of Background Checks, Internal Background Checks, and Verification Checks
If you decide to use or access information included in a Background Check, you hereby represent, understand and expressly agree that those checks are not always accurate or complete (or based on information that is accurate or complete) and that the specific records searched, and the comprehensiveness of the search, varies by the type of Background Check ordered as well as the state and county where the check is performed. For example, many jurisdictions only include felony conviction records (and not, for example, misdemeanor or arrest records) in the national criminal data base, which is the only data source utilized for preliminary background checks other than the sexual offender registry. Moreover, some states include only registered sex offenders in that database.
If you decide to access, use, or share information provided by a Background Check, you agree to do so in accordance with applicable law. You also agree to indemnify and hold harmless PDS from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. PDS does not assume and expressly disclaims, and you hereby agree to release PDS from, any loss, liability, damage, or costs that may result from the use of information provided in a background report including, without limitation, the inaccuracy or incompleteness of any such information.
You expressly acknowledge that PDS has no obligation to perform Background Checks, Internal Background Checks, or Verification Checks on any Registered Users. To the extent PDS performs such checks on certain Registered Users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Services.
5. Termination of Registration
Should PDS determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a Registered User, or have mis-used or mis-appropriated Site content, including but not limited to use on a "mirrored", competitive, or third party site, PDS reserves the right, at its sole discretion, to immediately terminate your access to all or part of the PrincessDentalStaffing.com Site, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in PrincessDentalStaffing.com, with or without notice.
In any event, PDS also reserves the right, in its sole discretion, to terminate your access to all or part of the PrincessDentalStaffing.com Site, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in PrincessDentalStaffing.com, for any reason or no reason, with or without notice. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.
Following any termination of any individual's use of the Site or the Services, PDS reserves the right to send a notice thereof to other Registered Users with whom we believe the individual has corresponded.
Our decision to terminate an individual's registration and/or to notify other Registered Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual's character, general reputation, personal characteristics, or mode of living.
7. Links To External Sites
Links from the Site to external sites (including external sites that are framed by PrincessDentalStaffing.com ) or inclusion of advertisements do not constitute an endorsement by PDS of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users' reference and convenience.
Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. PDS does not control such sites, and is not responsible for their content. Just because PrincessDentalStaffing.com has hyperlinks to such sites does not mean that PDS endorses any of the material on such sites, or has any association with their operators.
8. Payment And Refund Policy
In order to utilize some PDS Services or product offerings, the user of such Services or product offerings must pay PDS either a recurring subscription or one-time fee. In addition, the user is responsible for any state or local sales taxes associated with the Services or product offerings purchased.
8.1 Billing and Payment
If you sign up for a PrincessDentalStaffing.com paid monthly or annual plan, you agree to pay PDS all subscription charges associated with the plan you subscribe to as described on the Site at the time you subscribe and provide your payment information. You also authorize PDS to charge your chosen payment provider according to the terms of the plan to which you subscribe. The subscription period and the amount and frequency of the charges will vary depending on the subscription plan you select. PDS reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. You may also be subject to booking or cancellation fees based on your usage of our services and the rules governing them (see Employer Agreement).
To the extent you elect to purchase other Services or product offerings we may offer for a fee, you authorize PDS to charge your chosen payment provider for the Services and/or products you purchase. You agree that if PrincessDentalStaffing.com already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services/products you purchase.
8.2 Automatic Subscription Renewal and Cancellation
PrincessDentalStaffing.com paid monthly or annual subscriptions will continue indefinitely until canceled by the user. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period as the subscription term you originally selected and at the subscription rate and frequency disclosed to you on the Site when you originally subscribed, unless otherwise provided at the time you subscribed. If you sign up for a payment plan that allows you to be charged monthly over the subscription period and you decide to cancel your subscription during the subscription period, you acknowledge and agree that you will continue to be billed for the subscription on a monthly basis until its originally scheduled expiration date.
You may cancel your paid membership subscription by adjusting your account settings. If you cancel your subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your subscription will not be renewed after your then-current term expires, but your credit card will be charged, and you will be required to pay, any cancellation or other fees associated with your early termination.
8.3 Refund Policy
Except as set forth below, all payments for services/products are non-refundable and there are no refunds or credits for unused or partially used services/products or service/product cancellations. Notwithstanding the foregoing, if you have a paid membership subscription that is automatically renewed, we will refund the most recent charge to your credit card if (i) you cancel your subscription within thirty (30) days after the most recent charge, and (ii) you have not used your subscription during the current renewal period. The refund will apply to the most recent charge only. In addition, PDS reserves the right to immediately downgrade or cancel your membership after payment of your refund. PDS does not provide refunds or credits under any other circumstances, unless it determines in its sole discretion that a refund or credit is warranted due to extenuating circumstances, such as a duplicate account.
8.4 Free Trial Offers
PrincessDentalStaffing.com may offer limited-time free trial subscriptions to certain users from time-to-time. Users who sign up for a PrincessDentalStaffing.com Service on a free trial basis may have limited access to the Service and/or features of the Site. If a user signs up for a free trial subscription, after the expiration of the free trial period, the user will be charged the price then in effect for a subscription to the Service, unless otherwise provided to him or her when he or she originally subscribed. If a user does not want to continue with the Service after the expiration of the free trial period, the Client must cancel their subscription within thirty (30) days of being charged the subscription fee for the Service. Upon cancellation, the Client's credit card will be refunded for the amount of the most recent subscription charge so long as he or she has not used the subscription after the expiration of the free trial period.
9. Release of Liability for Conduct and Disputes
We do not employ Candidates or bear any employer-employee relationship with any Candidate. Clients may seek the services of a Candidate through the use of the Site or Services, and Candidates may post profiles and submit proposals to Clients regarding their service. However, if a Client agrees on the provision of services from an individual, company or agency we identify through any of those Services, such agreement is solely between the Client and the Candidate; PrincessDentalStaffing.com is not a party to any such agreement. Any issues concerning the conduct of a Client or Candidate including, without limitation, the services received by the Client or payment due to the Candidate, must be resolved directly by the Client and the Candidate. PDS will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site or our Services, you do hereby represent, understand, and expressly agree to hold PDS harmless for any claim or controversy that may arise from any disputes between you and any Client, Candidate or other user(s) of the Site. You agree to take reasonable precautions in all interactions with Clients, Candidates or other users of the Site or the Services, particularly if you decide to meet offline. By using the Site or the Services, you do hereby agree to report any alleged improprieties of any users therein to PrincessDentalStaffing.com immediately by notifying PDS of the same via electronic correspondence.
10. Age Restrictions
PrincessDentalStaffing.com is intended for people 18 or over. Users should monitor children's use of the Internet and deny access to the Site to anyone under the age of 18. PrincessDentalStaffing.com will not knowingly collect any information from individuals under 18. Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated immediately.
11. Disclaimers; Limitations; Waivers; Indemnification
11.1. No Warranty
The information and materials contained on the Site, including text, graphics, information, links or other items are provided "as is", "as available". Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by PrincessDentalStaffing.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PDS DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN PDS; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PDS EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
IN ADDITION AND WITHOUT LIMITING THE FOREGOING, PRINCESSDENTALSTAFFING.COM MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS A CANDIDATE OR TO EMPLOY THE SERVICES OF A CANDIDATE.
11.2. Assumption of Risk
You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with users of the Site or the Services. You agree to take all necessary precautions when interacting with other site visitors or Registered Users.
11.3. Limitation of Liability
Incidental Damages and Aggregate Liability: In no event will PDS be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if PrincessDentalStaffing.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL PDS’ AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID PRINCESSDENTALSTAFFING.COM FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 OR ITS EQUIVALENT.
No Liability for non-PDS Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PDS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. PrincessDentalStaffing.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
12. Copyright Notices/Complaints
It is PDS’s policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act ("DMCA"). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting PDS’s copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
PDS agent for copyright issues relating to this Site is as follows:
Princess Dental Staffing Copyright
8575 E. Princess Drive Suite 101
Scottsdale, AZ 85255
In an effort to protect the rights of copyright owners, PDS maintains a policy for the termination, in appropriate circumstances, of Members and other users of this Site who are repeat infringers.
13. Agreement to Arbitrate
This Agreement requires you to submit claims you may have against us to binding and final arbitration. You will only be permitted to pursue claims against PDS on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
13.1 Agreement to Arbitrate
This Section 13 is referred to in these Terms as the "Arbitration Agreement". You agree that any and all disputes or claims that have arisen or may arise between you and PDS or a PDS Affiliate, whether relating to these Terms (including any alleged breach thereof), the Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
13.2 Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND PDS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PDS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER PRINCESSDENTALSTAFFING.COM USERS.
13.3 Pre-Arbitration Dispute Resolution
PDS is always interested in resolving disputes amicably and efficiently. So before you commence arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us via email at email@example.com or at Princess Dental Staffing, LLC, 8575 E. Princess Drive Suite 101, Scottsdale, AZ 85255.
13.4 Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA's Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 11. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
To commence arbitration against PDS, you must complete a short form, submit it to the AAA, and send a copy to Princess Dental Staffing, LLC, 8575 E. Princess Drive Suite 101, Scottsdale, AZ 85255. For more information, see the AAA's claim filing page, http://www.adr.org/fileacase. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $5,000 or less you or PDS may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and PDS subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or PDS, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the Commonwealth of Arizona, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Site users, but is bound by rulings in prior arbitrations involving the same Site user to the extent required by applicable law.
13.5 Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA's Rules, unless otherwise provided in this Agreement to Arbitrate. If you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, PDS will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, PDS will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse PDS for all fees associated with the arbitration paid by PDS on your behalf that you otherwise would be obligated to pay under the AAA's rules.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court decides that any term or provision of this Arbitration Agreement other than Section 13.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 13.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms will continue to apply.
13.8 Future Changes to this Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against PDS prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against PDS prior to the effective date of removal.
14. Governing Law and Jurisdiction
These Terms, and any dispute between you and PrincessDentalStaffing.com, shall be governed by the laws of the Commonwealth of Arizona without regard to principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 13, the Arbitration Agreement. Unless you and we agree otherwise, in the event that the Arbitration Agreement 13 is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and PrincessDentalStaffing.com must be resolved exclusively by a state or federal court located in the Commonwealth of Arizona. You and PDS agree to submit to the personal jurisdiction of the courts located within the Commonwealth of Arizona for the purpose of litigating all such claims or disputes.
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. Each Affiliate (as defined in Section 1.2) is expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
16. Contact Information
If you have any questions or need further information as to the Site or Services provided by PDS, or need to notify PDS as to any matters relating to the Site or Services please contact PDS at:
Princess Dental Staffing, LLC Legal Dept.
8575 E. Princess Drive Suite 101
Scottsdale, AZ 85255