Princess Dental Staffing, Inc.
Last updated: September 30, 2022
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 13.
- 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”).
- This Agreement contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against Princess Dental Staffing to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Section 13 “Agreement to Arbitrate”) no later than 30 days after the date you first use the Princess Dental Staffing Site or Services. Unless you opt out: (1) you will only be permitted to pursue claims against Princess Dental Staffing on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis
- These Terms are subject to change by Princess Dental Staffing at any time, subject to the following notification process. We will notify you about material changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Material changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on our Site. You should periodically check for updates. Any use of the Site or the Services by you after the effective date of any changes will constitute your acceptance of such changes. These Terms supersede all prior versions of the Terms.
For purposes of these Terms, and except to the extent expressly excluded below, the “Site” shall mean www.Princess Dental Staffing.com and any other websites, web pages, mobile applications and mobile websites operated by Princess Dental Staffing, Inc. (“Princess Dental Staffing” or “we”) in the United States, and the “Services” shall mean any of the various services that Princess Dental Staffing provides through the Site or any other channels, including without limitation, over the telephone.
However, the terms “Site” and “Services” do not include or involve the following:
- Websites, web pages, mobile applications, and mobile websites (and services offered through such channels) operated by Princess Dental Staffing which have separate terms of service that do not expressly incorporate these Terms by reference.
- Third-party entities or agencies that may use the Princess Dental Staffing Site or Services to market their services and/or recruit employees.
1. Description of Services; Limitations; User Responsibilities
1.1 About Our Services
Princess Dental Staffing offers various Services to help its users find dental professionals and dental opportunities in the dental community. The Services we offer include, among others:
- We provide a platform for dental offices (“Clients”) to post jobs on the Site, and to search for, narrow, find, and communicate with dental professionals (“Candidates”), and for Candidates to post profiles on the Site and browse, search, and apply to jobs.
- We may offer eligible Candidates access to various benefits from third party service providers, including, without limitation, those that offer access to health insurance, and other benefits.
- We may offer, as part of the functionality contained our mobile applications, the ability for dental offices and Candidates to exchange information.
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 Services to help our users find dental professionals and dental opportunities in their communities. However, except where specifically provided in these Terms, in any applicable Additional Terms, or on the Site itself.
We do not employ any Candidates and are not responsible for the conduct, whether online or offline, of any Client, Candidate, or other user of the Site or Services. Clients are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable Ban-the-Box, Fair Chance, payroll, tax and minimum wage laws).
Client and Candidate content is primarily user generated. We do not control or vet user-generated content for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any information provided by Candidates or Clients on or off the Site. We do not assume and expressly disclaim any liability that may result from the use of information provided on our Site.
We do not refer or recommend Clients or Candidates nor do we make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by Candidates or the integrity, responsibility or actions of Clients or Candidates whether in public, private or offline interactions. Any screening of a Client or Candidate and his, her or its information by Princess Dental Staffing 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 Client or Candidate.
We are not an employment agency, and we do not secure or procure employees for any Clients, nor do we secure or procure opportunities for employment for any Candidates.
We do not control, monitor, supervise, or oversee the quality, timing, hours, pay, legality, or any other aspect of services delivered by Candidates, nor do we require Candidates to accept or work any jobs or deliver any services at all.
We do not provide any medical, dental, diagnostic, treatment or clinical service or engage in any conduct that requires a professional license.
We may offer certain Registered Users the opportunity to verify certain information such as their email address, cell phone number, or, in the case of licensed dental professionals, their state license information. If we indicate that certain information has been verified, 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, that the information is accurate or that it belongs to the Registered User who supplied it.
Candidates who opt to voluntarily provide information regarding their vaccination status agree that we may share this information with Clients and/or other Users of the site. Furthermore, vaccination status is user generated and we do not control or vet this user generated content. We do not guarantee, nor do we represent or warrant as to, the accuracy of such information.
Please review carefully the Release of Liability Form Third-Party Content and Conduct that appears in Section 9 below for important limitations on Princess Dental Staffing’s liability to which you are agreeing by using the Site and Services.
1.3. User Responsibilities
Registered Users are solely responsible for interviewing, vetting, performing background and reference checks on, verifying information provided by, and selecting an appropriate Client or Candidate for themselves.
Each Client is 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. Conformity to payroll laws, tax and minimum wage laws, worker’s compensation laws, liability insurance requirements, etc. are all the responsibility of the Client.
If employment relationships are established, clients are responsible for paying Candidates upon completion of work. Individual Candidate pay rates vary and are displayed in the Candidate’s profile. Payment should be issued at the end of the completed shift, or as allowable by law. A maximum of 10 business days after work is completed is permitted for check processing and delivery.
For all Temporary assignments, there is a 4-hour minimum. Once the Candidate arrives at the location for a scheduled temporary shift, unless cancelled prior, 4 hours of pay is due. If a Candidate fails to meet the temporary job eligibility requirements for vaccination status, or fails a testing requirement, then the Candidate is not entitled to the 4-hour minimum. However, Candidate hours are not to be penalized due to patient no-shows, unfilled schedules, or events beyond their control. If a Candidate is late for a temporary assignment, the assignment may be canceled by the Client, without penalty, prior to the Candidate's arrival.
Princess Dental Staffing does not advise nor determine appropriate tax classifications for Candidates providing services in Client offices. Clients compensating Candidates as independent contractors do so under their own jurisprudence and must follow federal and state guidelines defining such classification. Princess Dental Staffing does not collect any governmental or legal forms from Candidates. Clients are required to maintain their own records on Candidates that have earned wages during the year from the Client (W-4's and W-9's are not available through Princess Dental Staffing). It is Client's responsibility to attain and file any necessary documents to comply with applicable employment laws in their area.
Please see a qualified accountant or attorney for recommendations on how to make more informed hiring and employment decisions.
1.4. Resume Database Terms and Service
The Resume Database Terms and Service apply to any Employer that accesses or uses the Princess Dental Staffing Resume Database offering, or that otherwise indicates its acceptance of these Princess Dental Staffing Resume Database through the All Access Plan.
1.4a Resume Results and Candidate Response
You are paying Princess Dental Staffing the amount indicated for an All Access Plan in order for Princess Dental Staffing to facilitate your contact with a Resume Owner or potential candidates in our resume database through either the email address or phone number that the relevant Resume Owner has provided to Princess Dental Staffing.
Princess Dental Staffing does not guarantee that the email address is still in use, or that calls or emails will be received or acted upon by a potential Resume Owner.
It is also not guaranteed that any Resume Owner's resume or information is valid, accurate, or complete in any way.
Princess Dental Staffing may return different results for the same resume search query and has complete control over the resumes or profiles it displays in response to any given search.
1.4b Resume Information is Self-Reported by Candidates
Princess Dental Staffing does not verify the information contained in a Candidate's resume because it is self-reported by candidates and may be outdated or inaccurate. Any filtering, sorting, matching, or ranking tools available to you as part of the Resume Database as a feature of the All Access Plan are based on this Candidate-Provided information as well as information you provide to Princess Dental Staffing about your job requirements or preferences. The appearance of a given candidate's resume in search results or as a match is not a guarantee that the candidate possesses the attributes or experience you seek, or that they are interested in a job.
1.4c Notice of Contact Information and Phone Numbers
Princess Dental Staffing does not guarantee the validity of phone numbers provided by Candidates in their resumes and cannot confirm whether such numbers are landlines or cell phones. You agree to call Candidates only about relevant job opportunities. It is solely your responsibility to follow all TCPA guidelines, as well as any other laws prohibiting automated telephone dialing systems or governing phone or mobile communications in your applicable jurisdiction.
1.5. SMS Terms and Service
Authorization: You certify that you are authorized: (a) to enroll the designated mobile phone number in the SMS Terms service, and (b) to incur any mobile message or data charges that may be incurred by participating in the SMS service.
Subscribing to SMS Alerts: You may subscribe to SMS service by entering and submitting your phone number in the provided submission form available on our website. By entering your phone number and completing the submission form, you consent to these terms and to receive text message communications from Princess Dental Staffing as described herein. When you opt-in to the service, we will send you an SMS message to confirm your signup. You are responsible for managing the texts you receive.
By subscribing to SMS service, you expressly consent and agree to accept and receive job alerts and related communications via text message to your mobile device and to the cellular/mobile telephone number(s) that you provided to us. The information in any message may be subject to certain time lags and/or delays.
Frequency of Messages: The number and frequency of SMS alerts sent to your device depends on several factors including the number of recently posted jobs matching your search criteria, jobs that you have applied to, and if you’ve asked for help or support via text messaging.
To Stop Messages: You can cancel the SMS service at any time. Reply "STOP" to any text message you receive, or contact Princess Dental Staffing at firstname.lastname@example.org. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
For Help: If at any time you forget what keywords are supported, just reply "HELP" to any text message you receive. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive messages at varying frequencies dependent on your activity and profile settings. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to email@example.com.
No Guarantee: Princess Dental Staffing is not responsible for incomplete, lost, late, or misdirected messages, including (but not limited to) undelivered messages resulting from any form of filtering by your mobile carrier or service provider or otherwise.
Use of Automated Dialing Technology: You acknowledge and agree that the SMS service may be provided in some cases through automatic telephone dialing technology, an artificial voice or a pre-recorded voice. By providing us your phone number, you expressly consent to receive the SMS service through automatic dialing technology, artificial and pre-recorded voice.
General Communications: You agree to receive notifications from Princess Dental Staffing, its representatives, employees, and agents, through any means authorized under these Terms, including phone calls and text messages that use automatic telephone dialing technology, artificial voice or pre-recorded voice or live person.
Carriers: We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***
Termination: Princess Dental Staffing reserves the right, in its sole discretion, to cancel or suspend any or all of the SMS service, in whole or in part, for any reason, with or without notice to you.
2. Eligibility to Use the Site and Services
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. You also represent and warrant that you meet the following eligibility criteria:
- You intend to use the Site and Services solely for the purpose of finding dental professionals or dental opportunities.
- Our Services are available only to individuals who are sixteen (16) years of age or older. If you do not meet this age requirement, do not register to use the Site or Services.
- The Site and the Services are currently available only to individuals who reside legally in the United States or the territory of Puerto Rico.
- If you are registering to be a Candidate, you must be permitted to legally work within the United States or Puerto Rico.
Neither you nor any member of your household may have ever been:
the subject of a conviction, arrest, charge, complaint, restraining order or any other legal action involving:
- any felony
- any other criminal offense involving violence, physical, sexual, or emotional abuse or neglect, or theft, drugs
- any offense, violation, or unlawful act that involves endangering the safety of others, fraud, dishonesty, or reckless or negligent conduct
- registered, or currently required to register, as a sex offender with any government entity
- the subject of a conviction, arrest, charge, complaint, restraining order or any other legal action involving:
- You must not be a competitor of Princess Dental Staffing or using our Services for reasons that are in competition with Princess Dental Staffing.
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 the Site or Services, whether to Princess Dental Staffing or to other Registered Users or Site Visitors, 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”):
- Any Content that you post, upload or transmit to or through the Site or Services is solely for the purpose of finding dental professionals or dental opportunities.
- 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.
- Unless otherwise permitted by Princess Dental Staffing, all Content you post will be in English as the Site and Services generally are not 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 Princess Dental Staffing where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to Princess Dental Staffing 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 Princess Dental Staffing may, in its sole discretion, review, edit, and delete any Content, in each case in whole or in part, that in the sole judgment of Princess Dental Staffing violates these Terms or which Princess Dental Staffing determines in its sole discretion might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others.
- You understand and agree that Princess Dental Staffing may publicly redistribute any Content, in each case in whole or in part, to other third party sites.
- You have the right, and hereby grant, to Princess Dental Staffing, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, 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 Princess Dental Staffing will not infringe or violate the rights of any third party.
- Your use of the Services, including but not limited to the Content you post on the Site, must be in accordance with any and all applicable laws and regulations.
- You agree to subject your profile to an algorithm that ranks profiles amongst peers based on attributes and behaviors determined by us.
- You agree to Inactivate your profile when the profile is no longer in use.
- We welcome your feedback and questions about the Site and Services. However, you agree that any comments, ideas, messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the Site, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of Princess Dental Staffing and we may use all such communications, all without notice to, consent from, or compensation to you.
As Client and Candidate Content is primarily user generated, we do not control or vet such Content for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any Content provided by Candidates or Clients on or off the Site, including any Content that may include misstatements or misrepresentations or that may be defamatory or disparaging. Users hereby represent, understand and agree to hold Princess Dental Staffing harmless for any misstatements misrepresentations, or other disparaging or defamatory statements made by or on behalf of them on this Site or in any other venue.
Opinions, advice, statements, offers, or other information or content made available on the Site or through the Site, but not directly by Princess Dental Staffing, are those of their respective authors. Such authors are solely responsible for such content. Princess Dental Staffing 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 Princess Dental Staffing 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 or comments made about you on the Site by other users.
You agree that Princess Dental Staffing has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, 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.
3.2. Exclusive Use
If you are a Client, you may use your account only to find professionals for your own dental office. If you are a Candidate, you may use your account only to find opportunities 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 Princess Dental Staffing, 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 or offensive;
- use the Site or Services for any fraudulent or unlawful purpose, for any purpose unrelated to hiring or applying for dental jobs, or for any other purpose not expressly intended by Princess Dental Staffing;
- harass, abuse or harm another person or group, or attempt to do so;
- use another user’s Princess Dental Staffing account;
- provide false or inaccurate information when registering an account on Princess Dental Staffing, using the Services or communicating with other Registered Users;
- attempt to re-register with Princess Dental Staffing if we have terminated your account for any or no reason 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 Princess Dental Staffing’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 (whether manually or through automated means);
- use the communication systems provided by or contacts made on Princess Dental Staffing for any commercial solicitation purposes other than those expressly permitted by Princess Dental Staffing;
- 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 amount of messages a user may send in any 24-hour period to an amount which we deem appropriate in our sole discretion.
Should Princess Dental Staffing find that you violated the terms of this Section or any terms stated herein, Princess Dental Staffing 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 Princess Dental Staffing may assess, and you will be obligated to pay, $10,000 per each day that you: (i) maintain Candidate or Client information (including but not limited to, names, addresses, phone numbers, or email addresses) or copyrighted material that you scraped (either directly or indirectly in a manual or automatic manner) from the Site, or (ii) otherwise mis-use or mis-appropriate Site Content, including but not limited to, use on a “mirrored”, competitive, or third party site. This obligation shall be in addition to any other rights Princess Dental Staffing may have under these Terms or applicable law. Further, in order to protect the integrity of the Site and the Services, Princess Dental Staffing reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
4. Background and Verification Checks
4.1 Princess Dental Staffing May Order and Use Background Screenings About You
By registering for and using the Site or Services as a Client or Candidate, you hereby acknowledge and agree that Princess Dental Staffing 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 screenings on you for the purpose of protecting the safety and integrity of our Site and its users (“Preliminary Membership Screens”), which may, in the case of certain Candidates, be deemed to be an employment purpose under the FCRA. Subject to certain additional disclosures and authorizations, if applicable to you as a Candidate, Princess Dental Staffing may order these screenings when you register with Princess Dental Staffing 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, ordering or authorizing a Background Check, etc.).
These Preliminary Membership Screens may also regulated by FCRA, and the background reports resulting from these services may be considered “consumer reports” under FCRA.
You understand and agree that Princess Dental Staffing may review the information provided by the third-party consumer reporting agency and that Princess Dental Staffing retains the right to terminate your Princess Dental Staffing registration based on the information it receives from these checks, even if such information was subsequently changed or corrected. If Princess Dental Staffing 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 access to 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 Princess Dental Staffing 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 Princess Dental Staffing) within the time period specified in your notice. Notwithstanding this, you agree that Princess Dental Staffing is under no obligation to reinstate any accounts it may have terminated even if the information that led to the termination is subsequently changed or corrected.
BY AGREEING TO THESE TERMS AND USING OUR SITE, AND, IF APPLICABLE TO YOU AS A CANDIDATE, SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW PRINCESS DENTAL STAFFING 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 PRINCESS DENTAL STAFFING.
4.2. Princess Dental Staffing May Regularly Verify Your Identity and the Accuracy of Your Representations and Warranties
By registering as a Candidate or Client, and, if applicable to you as a Candidate, subject to your additional authorization, you authorize Princess Dental Staffing, and acknowledge that for purposes of promoting the safety and integrity of its Site and Service, Princess Dental Staffing 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 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 Princess Dental Staffing 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 Princess Dental Staffing.
You also hereby represent, understand and expressly agree that Princess Dental Staffing 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 in accordance with applicable laws.
BY AGREEING TO THESE TERMS, AND, IF APPLICABLE TO YOU AS A CANDIDATE SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW PRINCESS DENTAL STAFFING TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE PRINCESS DENTAL STAFFING.
4.3 Important Limitations About Background Checks; Release of Liability for Results of Background Checks, Internal Background Checks, and Verification Checks
SPECIAL NOTICE FOR MASSACHUSETTS AND NEW HAMPSHIRE: Criminal County Searches conducted in Massachusetts and New Hampshire as part of the Criminal Records Check and the Criminal+MVR Records Check (for individuals who are believed to have lived in one or both of these states during the seven years preceding the background check request) search only the Superior Court and a single District Court in the county seat or its equivalent for each county listed below. Criminal records (including misdemeanors and felonies) from other courts in these states will not be searched.
This is an illustrative, non-comprehensive, list of certain state and county limitations of the background checks offered through Princess Dental Staffing; additional limitations may apply in certain jurisdictions, including on the federal level. For example, for many states only certain registered sex offender information is reported, and for many states, only a subset of felony convictions are reported (and not any misdemeanors, charges or arrest records).
In addition to legal and reporting system limitations of background checks, each check is performed with the authorization of the person being checked, using information he or she provides, such as home address, social security number, date of birth, and name. If a candidate provides incorrect information, the check might be run with inaccurate identifying data, which can impact the validity of the criminal check. Finally, criminal records are not always reported accurately or promptly, and human and electronic error can result in inaccurate or incomplete reporting. Consequently, even the most comprehensive background check offered may not disclose the existence of all criminal records in all jurisdictions.
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 release, indemnify and hold harmless Princess Dental Staffing from any loss, liability, injury, death, damage, or costs that may result from your use of, reliance on, or sharing of the information contained in a Background Check regardless of the cause, including, without limitation, due to the inaccuracy or incompleteness of any such information.
You expressly acknowledge that Princess Dental Staffing has no obligation to perform Background Checks, Internal Background Checks, or Verification Checks on any Registered Users. To the extent Princess Dental Staffing 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.
Princess Dental Staffing reserves the right, in its sole discretion, to immediately terminate your access to all or part of the Princess Dental Staffing Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your account with Princess Dental Staffing, with or without notice for any reason or no reason in its sole discretion, including without limitation if Princess Dental Staffing should 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, have mis-used or mis-appropriated Site content, including but not limited to use on a “mirrored,” competitive, or third-party site. Upon termination, Princess Dental Staffing shall be under no obligation to provide you with a copy of any content posted by or about you on the Site. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.
You understand and agree that, following any termination of any individual’s use of the Site or the Services, Princess Dental Staffing has the right, but not the obligation, to send a notice of such termination 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
Princess Dental Staffing expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold Princess Dental Staffing harmless from any liability that may result from the use of links that may appear on the Site.
8. Payment Policy
In order to utilize some Princess Dental Staffing Services or product offerings, the user of such Services or product offerings must pay Princess Dental Staffing either a recurring subscription, one-time, or other fees. 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 Princess Dental Staffing paid subscription, or for a Service or product that includes a recurring fee, you agree to pay Princess Dental Staffing all charges associated with the subscription, Service, or product you choose, as described on the Site at the time you submit your payment information. You also authorize Princess Dental Staffing, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of your chosen subscription, Service, or product. Princess Dental Staffing reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
To the extent you elect to purchase other Services or product offerings we may offer for a non-recurring fee, you authorize Princess Dental Staffing to charge your chosen payment provider for the Services and/or products you purchase. You agree that if Princess Dental Staffing 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 or products you purchase.
If Princess Dental Staffing is not able to charge any payment to your chosen payment method, we reserve the right to pursue any remedy that may be available to us, including the right to suspend or terminate your premium subscription and/or your Princess Dental Staffing account. You agree that Princess Dental Staffing and its Affiliates have no liability related to the exercise of these remedies.
8.2 Automatic Subscription Renewal and Cancellation
ALL PAID SUBSCRIPTIONS AND RECURRING FEE-BASED SERVICES OR PRODUCTS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER.
FOR PAID SUBSCRIPTIONS, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF YOUR CHOSEN TERM PERIOD FOR AN ADDITIONAL EQUIVALENT PERIOD 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 CHOOSE A SUBSCRIPTION TERM IN EXCESS OF ONE MONTH 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 THE END OF THE THEN-CURRENT SUBSCRIPTION TERM.
FOR OTHER SERVICES OR PRODUCTS WITH RECURRING FEES, YOU WILL BE CHARGED THE FEE ASSOCIATED WITH SUCH PRODUCT OR SERVICE AT THE INTERVAL SPECIFIED AT THE TIME OF PURCHASE, UNTIL YOU EXPRESSLY CANCEL THE SERVICE OR PRODUCT.
You may cancel your paid subscription at any time by following the instructions on your Manage Plan page. If you cancel a paid subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your paid subscription will not be renewed after your then-current term expires, but your payment method will be charged, and you will be required to pay, any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up for the subscription plan.
8.3 Subscription price and service changes
Names, prices and services of subscription plans may change at any time, with or without notice, at the discretion of the company.
8.4 “Grandfathering” plans
When updating or modifying subscription plans, Princess Dental Staffing may allow existing subscribers to continue on their existing plan at the original price (grandfathering) until they cancel, but in no way guarantees any time frame as to the continuation of such offerings.
8.5 Free Trial Offers
Princess Dental Staffing may offer limited-time free trial subscriptions to certain users from time-to-time. Users who sign up for a Princess Dental Staffing 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, unless he or she cancels before 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 informed by Princess Dental Staffing at the time of original subscription. If a user does not want to continue with the Service after the expiration of the free trial period, the Client must downgrade or cancel their subscription, and request a refund of the subscription fee 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.
8.6 Refund Policy
Princess Dental Staffing may offer several subscription plans that feature variable platform services. Pricing and featured services of subscription plans may change at any time, with or without notice, at the discretion of the company. When updating or modifying subscription plans, Princess Dental Staffing may offer current subscribers a way to "grandfather" the discontinued plans (remain subscribed to), including its features and pricing, but in no way guarantees any time frame regarding the continuation of such offerings.
Except as set forth in these Terms or as described on the Site at the time you make a purchase, all payments for subscriptions, services or products made on or through the Site or Services are non-refundable, and there are no refunds or credits for unused or partially used subscriptions, services or products, even if you cancel your membership or a subscription, service, or product in the middle of a term.
9. Release of Liability for Conduct and Disputes
By using this Site or our Services, you hereby represent, understand, and expressly agree to release and hold Princess Dental Staffing (and Princess Dental Staffing’s officers, directors, shareholders, employees, parents, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, or your Client, if you enrolled in Princess Dental Staffing through their Client’s benefits program, (“Affiliates”)) harmless from any claim or controversy that may arise out of:
- the actions or inactions of, or the relationship between, you and any Client, Candidate or other user(s) of the Site that are not Backup Candidates employed by one of our subsidiaries; and
- any information, instruction, advice or services created by any Client, Candidate, or other third party that appeared on, or was communicated through, the Site
Princess Dental Staffing 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, from the above.
10. Age Restrictions
Princess Dental Staffing is intended for people 16 or over. Princess Dental Staffing will not knowingly collect any information from individuals under 13. 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 Princess Dental Staffing, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. PRINCESS DENTAL STAFFING 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 PRINCESS DENTAL STAFFING; (3) WARRANT THAT YOUR USE OF THE SITE OR 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, PRINCESS DENTAL STAFFING 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, PRINCESS DENTAL STAFFING 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.
WITH RESPECT TO CLIENTS, THE INFORMATION AND MATERIAL CONTAINED ON THE SITE IS PROVIDED FOR YOUR INTERNAL USE ONLY AND MAY NOT BE COPIED OR REDISTRIBUTED FOR ANY REASON. THIS INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE INFORMATION IS THE INTELLECTUAL PROPERTY OF THE CLIENT, PRINCESS DENTAL STAFFING OR ITS INFORMATION PROVIDERS. IN NO EVENT WILL PRINCESS DENTAL STAFFING OR ITS INFORMATION PROVIDERS BE LIABLE IN ANY WAY WITH REGARD TO SUCH INFORMATION. YOUR USE OF THE INFORMATION MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
11.2. Assumption of Risk
While Princess Dental Staffing takes certain steps to help promote the safety of our Site and Services, finding dental professionals and dental opportunities via an online platform like ours comes with certain inherent risks. We do not provide any training, supervision, or monitoring of Clients or Candidates, and we cannot guarantee that all of your interactions with other Registered Users, site visitors, or others associated with them, will always be 100% safe and respectful. You agree to assume all risks when using the Site and the Services, including but not limited to injury, illness, death, and all other risks associated with any online or offline interactions with users of the Site or the Services. You also agree not to rely solely on steps Princess Dental Staffing may take to vet or screen Candidates or Clients and/or their Content, or otherwise to promote the safety of the Site and Services. You further agree to take all necessary precautions when interacting with other site visitors, Registered Users, and others associated with them.
11.3. Limitation of Liability
Incidental Damages and Aggregate Liability. In no event will Princess Dental Staffing 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 Princess Dental Staffing, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL PRINCESS DENTAL STAFFING’S 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 PRINCESS DENTAL STAFFING FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00.
No Liability for non-Princess Dental Staffing Actions. IN NO EVENT WILL PRINCESS DENTAL STAFFING BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE SITE OR SERVICE, 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. Princess Dental Staffing 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 Princess Dental Staffing’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 Princess Dental Staffing’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.
Princess Dental Staffing’s agent for copyright issues relating to this Site is as follows:
Princess Dental Staffing, Inc.
Attn: Legal Department
8575 E. Princess Drive Suite 101
Scottsdale, AZ 85255
Phone: (480) 219-6244
In an effort to protect the rights of copyright owners, Princess Dental Staffing maintains a policy for the termination, in appropriate circumstances, of users of this Site who are repeat infringers.
13. Agreement to Arbitrate
13.1 Agreement to Arbitrate
This Section 13 is referred to in these Terms as the “Arbitration Agreement”. Unless you opt-out in accordance with the opt-out procedures set forth in Section 13.8 below, you agree that all claims relating to or arising out of these Terms or the breach thereof, whether sounding in contract, tort, or otherwise that have arisen or may arise between you and Princess Dental Staffing or a Princess Dental Staffing 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 PRINCESS DENTAL STAFFING 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 ARBITRATION, ACTION OR PROCEEDING. UNLESS BOTH YOU AND PRINCESS DENTAL STAFFING EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AGAINST PRINCESS DENTAL STAFFING 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 PRINCESS DENTAL STAFFING USERS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
13.3 Pre-Arbitration Dispute Resolution
Princess Dental Staffing 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 at Princess Dental Staffing, Inc., Attn: Legal Department, 8575 E. Princess Drive Suite 101, Scottsdale, AZ 85255.
13.4 Arbitration Procedures
If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration and not in courts of general jurisdiction. Arbitration will be conducted by a neutral arbitrator in accordance with the rules of JAMS that are in effect at the time the arbitration is initiated (collectively referred to as the “JAMS Rules”), as modified by this Arbitration Agreement, and excluding the JAMS Class Action Procedures. For information on JAMS, please visit its website, https://www.jamsadr.com/. Information about JAMS’s Rules and fees for consumer disputes can be found at the JAMS consumer arbitration page, https://www.jamsadr.com/rules-comprehensive-arbitration/. If there is any inconsistency between the JAMS 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 an arbitration against Princess Dental Staffing, you must write a demand for arbitration that includes a description of the dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com. You should send three copies of the Demand, plus the appropriate filing fee, to JAMS at 500 North State College Blvd., Suite 600, Orange, CA 92868, and send one copy to Princess Dental Staffing, Inc., 8575 E. Princess Drive Suite 101, Scottsdale, AZ 85255. For more information, see the JAMS arbitration rules and forms, https://www.jamsadr.com/rules-download/. 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 $10,000 or less you or Princess Dental Staffing may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Princess Dental Staffing 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 Princess Dental Staffing, unless the arbitrator requires otherwise.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise and all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware, 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 Princess Dental Staffing users, but is bound by rulings in prior arbitrations involving the same Princess Dental Staffing 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 JAMS 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, Princess Dental Staffing 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, Princess Dental Staffing 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 Princess Dental Staffing for all fees associated with the arbitration paid by Princess Dental Staffing on your behalf that you otherwise would be obligated to pay under the JAMS 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.
13.7 Opt-Out Procedure
You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section. For new Princess Dental Staffing users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you use our Site or Services for the first time. If you are already a current Princess Dental Staffing user and previously accepted the Princess Dental Staffing Terms prior to the introduction of this Arbitration Agreement, the Opt-Out Notice must be postmarked no later than January 17, 2017. You must mail the Opt-Out Notice to Princess Dental Staffing, Inc., Attn: Legal Department, 8575 E. Princess Drive Suite 101, Scottsdale, AZ 85255. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to log in to the Princess Dental Staffing account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, Princess Dental Staffing will likewise not be bound by these arbitration provisions. All other terms of these Terms will continue to apply. Opting out of the Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. Princess Dental Staffing users who accepted a previous version of these Terms that included an arbitration agreement, and who did not timely opt out of that arbitration agreement, remain bound by the last arbitration agreement that they accepted. Upon receipt of a valid Opt-Out Notice, Princess Dental Staffing will provide the opting out user with a copy of the arbitration agreement from the last version of the Terms that the user accepted, if any exists.
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, such change shall not be effective until at least 60 days from the date of posting, and shall not apply to any claim that was filed in a legal proceeding against Princess Dental Staffing 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 Princess Dental Staffing prior to the effective date of removal.
14. Governing Law and Jurisdiction
These Terms, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of Delaware, including Delaware’s statutes of limitations governing your claim, without giving effect to its 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 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 Princess Dental Staffing must be resolved exclusively by a state or federal court located in the State of Delaware.
You and Princess Dental Staffing agree to submit to the personal jurisdiction of the courts located within the State of Delaware for the purpose of litigating all such claims or disputes.
15. Consent to Electronic Communication
By using the Site or Services of Princess Dental Staffing, you agree to allow Princess Dental Staffing to communicate with you electronically, and you consent to electronic delivery of notices, documents, or products (including, without limitation, reports or copies of Background Checks and Preliminary Membership Screens) from Princess Dental Staffing via the Princess Dental Staffing Site, mobile application, online messaging platform, or e-mail. You also agree to check your Princess Dental Staffing account, alerts, and messages, and the e-mail account reflected on your Princess Dental Staffing on a reasonably regular basis to stay apprised of important notices and information about your account.
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, Client, 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. 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.
If a court decides that any term or provision of these Terms 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 these Terms shall be enforceable as so modified. If a court decides that any of the provisions of Section 13.2 are invalid or unenforceable, then the entirety of Section 13 shall be null and void. The remainder of the Terms will continue to apply.
18. Contact Information
If you have any questions or need further information as to the Site or Services provided by Princess Dental Staffing, or need to notify Princess Dental Staffing as to any matters relating to the Site or Services please contact Princess Dental Staffing at:
Princess Dental Staffing, Inc.
Attn: Legal Department
8575 E. Princess Drive Suite 101
Scottsdale, AZ 85255