THE SERVICES ARE EXCLUSIVE TO MEMBERS OF THE DENTAL INDUSTRY. YOUR ACCOUNT MAY BE DISABLED OR TEMINATED IF YOU CANNOT VERIFY YOUR BONA FIDES AS A DENTAL PROFESSIONAL, INCLUDING WITHOUT LIMITATION IN ANY CIRCUMSTANCE WHERE DENTAL JOB STOP HAS REASON TO SUSPECT THAT YOU ARE NOT A DENTAL PROFESSIONAL. BY ACCESSING AND/OR USING THE SERVICE, INCLUDING BY DOING SO AFTER ACCESSING THIS AGREEMENT, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. Any individual using the Service on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.
5.DENTAL JOB STOP’S ROLE; TECHNOLOGY PLATFORM ONLY
Without limitation, You agree that Dental Job Stop is merely a third-party platform and You use the Service at Your own risk, without limitation and pursuant to Section 8: ASSUMPTION OF RISK; RELEASE. Dental Job Stop DOES NOT take any responsibility or provide any guarantee that You will find a job or a job applicant during the time in which You pay for the Services. Dental Job Stop serves as a platform for users who comply with the Agreement and list and fulfill certain independent contractor positions. Your success on this platform is Your responsibility.
Dental Job Stop’s role is limited because Dental Job Stop is not directly involved in transactions or contracts between job seekers and employers. Without limitation, Dental Job Stop does not guarantee that it will pre-screen any users of this website, and it’s essential for each user to conduct any required due diligence on their own prior to engaging in contracts for services, including without limitation to determine insurance requirements, licensing requirements, and applicable taxes. Nor does Dental Job Stop guarantee the identity of any user or company, including the existence of any user or company. Although message board technology enables administrative monitoring, Dental Job Stop does not necessarily prescreen the content and/or information provided by users. Dental Job Stop does not guarantee that any user, buyer or seller, will complete offers for employment. For additional information, please carefully review Section 22: DISCLAIMERS; LIMITATION OF LIABILITY.
Subject to Your compliance with the terms and conditions of this Agreement, Dental Job Stop grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access and use the Dental Job Stop Website and Services. The Service, including any portion of the Website may not be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior, express written consent of Dental Job Stop. All rights not expressly granted herein are reserved by Dental Job Stop. Without limitation, this Agreement grants You no rights in or to the intellectual property of Dental Job Stop or any other party, including Indeed.com, except as expressly set forth herein. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. Your rights under this section will immediately terminate in the event that You breach, actually or potentially, in the sole judgment of Dental Job Stop, any provision of this Agreement.
7.NO RELIANCE ON THIRD-PARTY CONTENT
The Service is provided only as a technology solution, and Dental Job Stop is not an employment agency or a publisher. Opinions, advice, statements, or other information made available by means of the Service by third parties, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Dental Job Stop does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Service, including any statement that can be perceived as a factual statement about any specific job availability; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by a third party by means of the Service. Under no circumstances will Dental Job Stop be responsible for any loss or damage resulting from your reliance on information or other content posted through the Service transmitted to or by any third party.
8.ASSUMPTION OF RISK; RELEASE
YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICE. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES, AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND, AND INDEMNIFY DENTAL JOB STOP AND ITS STOCKHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, CONSULTANTS, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “DENTAL JOB STOP PARTIES”) FROM ANY AND ALL CLAIMS, ACTIONS, OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY, OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, THAT MAY RESULT FROM YOUR USE OF THE SERVICE.
9.ACCURATE USER INFORMATION; PASSWORD PROTECTION
You may also be asked to provide a username and password in connection with Your use of certain features of the Service. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the username or password of any other user at any time, nor may You circumvent any authentication mechanism requiring the entry of usernames or passwords to gain unauthorized access to the Service. You agree to notify Dental Job Stop immediately of any unauthorized use of Your user name or password. Dental Job Stop shall not be liable for any loss that You incur as a result of someone else using Your username or password, either with or without Your knowledge. You may be held liable for any losses incurred by Dental Job Stop, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your username or password.
10.YOUR INTERACTIONS WITH OTHER USERS
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER DENTAL JOB STOP USERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT DENTAL JOB STOP HAS NOT, AND DOES NOT, IN ANY WAY GUARANTEE THAT IT WILL: (A) SCREEN ITS USERS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS USERS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS USERS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER USER OR USERS IN PERSON. DENTAL JOB STOP DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS USERS. IN NO EVENT SHALL DENTAL JOB STOP BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY USER'S CONDUCT IN CONNECTION WITH SUCH USER'S USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY, OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN USERS.
11.CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM DENTAL JOB STOP
Without limitation, by registering for the Service and providing Your name, email, postal or residential address, and/or phone number through the Service, You hereby expressly consent to receive electronic and other communications from Dental Job Stop, over the short term and periodically, including email communications, regarding the Service, new product offers, promotions, and other matters. You may opt-out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication.
12.CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM DENTAL JOB STOP USERS
Without limitation, by registering for the Service and providing Your name, email, postal or residential address, and/or phone number through the Service, You hereby consent to receive electronic communications, including email, short-message service (“SMS”) messages, instant messages, video conferencing, and other personal messages from other users of the Service, including from employers or employees from whom you request contact related to specific employment opportunities.
13.APPLICATION AND REGISTRATION FOR EMPLOYER ACCOUNT REQUIRED FOR EMPLOYERS TO POST
In order to engage in any activity through which You seek employers through the Website and Services (“Employer Activity”), You are required, and You agree that You are required, first to register for a special account ("Employer Account"), and during which registration process, You will agree to all of the terms and conditions set forth in the Employier Account Addendum available at the following hyperlinked address:
[EMPLOYER ADDENDUM URL].
YOU AGREE NOT TO ENGAGE IN ANY POSTING ACTIVITY AS AN EMPLOYER UNLESS AND UNTIL DENTAL JOB STOP GRANTS YOUR APPLICATION FOR REGISTRATION OF AN EMPLOYER ACCOUNT.
14.RESERVED RIGHTS FOR DENTAL JOB STOP FEES
(a)Reserved Rights for Dental Job Stop’s Fees
You acknowledge and agree that Dental Job Stop reserves the right to charge for access to the Service, in accordance with the Dental Job Stop Fee Policy specified in Subsection (b) of this Section and subject to Dental Job Stop’s amendment as specified in this Agreement. DENTAL JOB STOP RESERVES THE RIGHT, IN DENTAL JOB STOP’S SOLE DISCRETION, TO CHANGE THE FEES AND CHARGES IN EFFECT, OR TO ADD NEW FEES AND CHARGES, BY POSTING SUCH CHANGES OR PROVIDING NOTICE TO YOU. ALL FEES AND CHARGES ARE NONREFUNDABLE, AND THERE ARE NO REFUNDS, AND THERE ARE NO CREDITS FOR PARTIALLY USED MEMBERSHIP PERIODS, INCLUDING IF YOU BREACH THIS AGREEMENT AND YOUR ACCOUNT IS TERMINATED BEFORE THE TERM OF YOUR PAID MEMBERSHIP. Dental Job Stop’s decision not to exercise any specific right or require performance of any specific obligation under this Agreement, including without limitation the collection of regularly recurring fees from You, shall not affect Dental Job Stop’s subsequent ability to exercise such right or require such performance at any time thereafter. Nor shall Dental Job Stop’s waiver of Your breach constitute Dental Job Stop’s waiver of any subsequent breach by You or any other user of the Service. By using the Service, You authorize Dental Job Stop, and/or its payment processor, to charge Dental Job Stop’s fees to the credit card, debit card, or other payment method You provide, in addition to applicable sales taxes and other taxes. If your paid membership is terminated before the end of the Term at the discretion of Dental Job Stop, Dental Job Stop also reserves the right to reinstate your membership.
(b)Dental Job Stop Fee Policy; Membership Fees
In exchange for certain benefits, Dental Job Stop shall charge a rate consistent with the price chart available at the following URL: http://www.dentaljobstop.com/homes/price. The price shall be assessed in U.S. dollars, due and collected in full at the beginning of each period during which You subscribe to the Services. PAID PACKAGES DO NOT RENEW AUTOMATICALLY. IT IS YOUR RESPONSIBILITY TO RENEW YOUR MEMBERSHIP. QUESTIONS REGARDING THIS POLICY SHOULD BE DIRECTED TO DENTAL JOB STOP AT THE FOLLOWING ADDRESS: http://www.dentaljobstop.com/contactus.
The Service is linked with the websites of third parties (“Third-Party Websites”), some of whom may have established relationships with Dental Job Stop and some of whom may not. Dental Job Stop does not have control over the content and performance of Third Party Websites. Dental Job Stop has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on or through Third Party Websites. Accordingly, Dental Job Stop does not represent, warrant, or endorse any Third Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third-Party Websites. Dental Job Stop disclaims, and You agree to assume, all responsibility and liability for any damages or other harm, whether to You or to third parties, resulting from Your use of Third Party Websites.
“User Content” is any content, material, or information, not including personally identifiable information (e.g., first and last name, address, phone number, email address, etc.), that You submit, upload, and/or post to, or transmit, display, perform, or distribute by means of, the Service, whether in connection with Your use of the Service or otherwise. Dental Job Stop does not claim ownership of any User Content. You retain all right, title, and interest, including without limitation all worldwide intellectual property rights, in and to Your User Content. BY SUBMITTING, UPLOADING, OR POSTING USER CONTENT IN ANY FORM WITH, THROUGH, OR TO THE SERVICE, YOU THEREBY GRANT THE DENTAL JOB STOP PARTIES A ROYALTY-FREE, PERPETUAL, NON-EXCLUSIVE, UNRESTRICTED, FULLY PAID-UP, WORLDWIDE, SUBLICENSABLE, REVOCABLE (AS SET FORTH IN SECTION 26 OF THIS AGREEMENT), ASSIGNABLE LICENSE TO COPY OR OTHERWISE REPRODUCE, MODIFY, ADAPT, TRANSLATE, DISTRIBUTE, ENHANCE, TRANSMIT, PUBLICLY DISPLAY OR PERFORM, REFORMAT, AND/OR OTHERWISE USE USER CONTENT IN CONNECTION WITH THE OPERATION OF THE SERVICE, OR ANY OTHER SIMILAR OR RELATED BUSINESS, IN ANY MEDIUM NOW EXISTING OR LATER DEVISED, INCLUDING WITHOUT LIMITATION IN ADVERTISING AND PUBLICITY. YOU AGREE TO WAIVE, AND HEREBY WAIVE, ANY CLAIMS ARISING FROM OR RELATING TO THE EXERCISE BY THE DENTAL JOB STOP PARTIES OF THE RIGHTS GRANTED UNDER THIS SECTION, INCLUDING WITHOUT LIMITATION ANY CLAIMS RELATING TO YOUR RIGHTS OF PERSONAL PRIVACY AND PUBLICITY. YOU WILL NOT BE COMPENSATED FOR ANY EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION.
You hereby represent and warrant that You: (a) own all rights, title, and interest in and to any and all User Content You submit, or are otherwise authorized to grant the rights provided the Dental Job Stop Parties under this section, OR (b) have written consent, release, and/or permission of each and every identifiable individual person in any User Content You submit to use the name and likeness of each and every such identifiable person in the User Content. You agree that you will not submit any User Content that does not fully comply with Dental Job Stop’s prohibitions against Objectionable Content, as detailed in Section 19.
Dental Job Stop reserves the right, in its sole discretion, to reject any User Content for any reason. “Objectionable Content” specified in Section 19 and “Prohibited Uses” in Section 20 are not exhaustive lists of content that Dental Job Stop reserves the right to remove or deny.
“Public Forum” is any area, site, or feature offered as part of the Service that enables You (a) to upload, submit, post, display, perform, distribute, and/or view User Content, and/or (b) to communicate, share, or exchange User Content with other users or other visitors. You acknowledge that Public Forums, and features contained therein, are for public and not private communications. You further acknowledge that anything You upload, submit, post, transmit, communicate, share, or exchange by means of any Public Forum may be viewed on the Internet by the general public, and therefore, You have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Content You upload, submit, post, transmit, communicate, share, or exchange by means of any Public Forum and for the consequences of submitting or posting same. Dental Job Stop disclaims any perceived, implied, or actual duty to monitor Public Forums and specifically disclaims any responsibility or liability for information provided thereon.
18.YOUR RESPONSIBILITY FOR DEFAMATORY COMMENTS; YOUR RESPONSIBILITY TO COMPLY WITH HIPPA WHILE USING THE SITE
You agree and understand that You may be held legally responsible for damages suffered by other users or third parties as the result of Your remarks, information, feedback, or other content posted or made available through the Service that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, Dental Job Stop is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback, or other content posted or made available through the Service.
Furthermore, DO NOT UPLOAD ANY INFORMATION THAT MAY IDENTIFY A PATIENT OR OTHERWISE VIOLATE THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPPA”). If You violate this clear prohibition, You agree and understand that You may be held legally responsible for damages suffered by other users or third parties as a result of Your unlawful and thereby prohibited uploading of any information pertaining to a patient. Do NOT provide or disclose names, pictures, social security numbers, patient identification numbers, or any other personally identifiable information concerning any healthcare patient. For a review of HIPPA and applicable laws, please consult an attorney and review Title 42 of the U.S. Code and its implementing regulations.
Dental Job Stop imposes certain restrictions on Your use of the Service. You agree that You will not: (a) “stalk” or otherwise harass any person, or contact any person who has requested not to be contacted; (b) provide false, misleading or inaccurate information to Dental Job Stop or any other member; (c) impersonate, or otherwise misrepresent affiliation, connection, or association with, any person or entity; (d) modify or change the placement and location of any advertisement posted through the Service; (e) harvest or otherwise collect information about Dental Job Stop users, including email addresses and phone numbers; (f) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Service for any use, including without limitation use on Third-Party Websites; (g) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (h) attempt to probe, scan, or test the vulnerability of the Service, or any associated system or network, or breach security or authentication measures without proper authorization; (i) interfere or attempt to interfere with the use of the Service by any other user, host, or network, including without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (j) use the Service to send unsolicited email, including without limitation promotions or advertisements for products or services; (k) forge any TCP/IP packet header or any part of the header information in any email or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Service; or (l) attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Dental Job Stop Parties in providing the Service. Any violation of this section may subject You to civil and/or criminal liability.
(a)Compliance with Law
You represent and warrant that, when using the Service, You will obey all applicable laws and respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform, or distribute any content, information or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.
YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE THE SOLE AND EXCLUSIVE OWNER OF ANY USER CONTENT THAT YOU SUBMIT THROUGH THE SERVICE. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE SERVICE. DENTAL JOB STOP USERS BEAR THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION, OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS.
Dental Job Stop and the “Dental Job Stop logo” (collectively, the “Dental Job Stop Marks”) are trademarks or registered trademarks of MJ Creative Solutions, LLC. Other trademarks, service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with the Service may be the trademarks of third parties. Neither Your use of the Service nor this Agreement grant You any right, title, or interest in or to, or any license to reproduce or otherwise use, the Dental Job Stop Marks or any third-party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in the Dental Job Stop Marks generated as a result of Your use of the Service will inure to the benefit of MJ Creative Solutions, LLC, and You agree to assign, and hereby do assign, all such goodwill to MJ Creative Solutions, LLC. You shall not at any time, nor shall You assist others to, challenge MJ Creative Solutions, LLC’s right, title, or interest in or to, or the validity of, the Dental Job Stop Marks.
(c)Copyrighted Materials; Copyright Notice
All content and other materials available through the Service, including without limitation the Dental Job Stop logo, design, text, graphics, and other files, and the selection, arrangement, and organization thereof, are either owned by DENTAL JOB STOP or are the property of DENTAL JOB STOP’s licensors and suppliers. Except as explicitly provided, neither Your use of the Service nor this Agreement grant You any right, title, or interest in or to any such materials.
As Dental Job Stop asks others to respect Dental Job Stop’s intellectual property rights, Dental Job Stop respects the intellectual property rights of others. If You believe content located on or linked-to by the Service violates Your copyright, you are encouraged to please immediately notify Dental Job Stop by means of emailed notice (“Infringement Notice”), providing the information described herein. If Dental Job Stop takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to Dental Job Stop. Please be advised that You may be held liable for damages based on certain material misrepresentations contained in an Infringement Notice. Thus, if You are not sure content located on or linked-to by the Service infringes Your copyright, You should consider first contacting an attorney.
All Infringement Notices should include the following:
1.A signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;
2.An identification of the copyright claimed to have been infringed;
3.A description of the nature and location of the material that You claim to infringe Your copyright, in sufficient detail to permit Dental Job Stop to find and positively identify that material;
4.Your name, address, telephone number, and email address; and
5.A statement by You: (i) that You believe in good faith that the use of the material that You claim to infringe Your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) under penalty of perjury, that all of the information contained in Your Infringement Notice is accurate, and that You are either the copyright owner or a person authorized to act on their behalf.
Infringement Notices should be sent to “DMCA” [at] “DENTALJOBSTOP” [dot] “COM” with the subject line “DMCA Notice – [INSERT YOUR NAME OR YOUR COMPANY’S NAME]”.
Dental Job Stop will respond to all such notices, including as required or appropriate by removing the offending material or disabling all links to the offending material.
22.DISCLAIMERS; LIMITATION OF LIABILITY
DENTAL JOB STOP, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NO ENCUMBRANCE, OR TITLE, IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEITHER DENTAL JOB STOP NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. DENTAL JOB STOP DISCLAIMS ALL IMPLIED LIABILITY FOR DAMAGES ARISING OUT OF THE FURNISHING OF THE SERVICE PURSUANT TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, TORTIOUS CONDUCT, ERRORS, REPRESENTATIONS, OR OTHER DEFECTS ARISING OUT OF THE FAILURE TO THE FURNISH THE SERVICE, WHETHER CAUSED BY ACTS OF COMMISSION OR OMISSION, OR ANY OTHER DAMAGE OCCURRING. DENTAL JOB STOP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR LOST REVENUES), WHETHER CAUSED BY THE ACTS OR OMISSIONS OF DENTAL JOB STOP, DENTAL JOB STOP PARTIES, OR DENTAL JOB STOP USERS, OR THEIR AGENTS OR REPRESENTATIVES.
(b)YOUR RESPONSIBILITY FOR LOSS OR DAMAGE; BACKUP OF DATA
ONLINE CONTENT PROVIDED BY THIRD PARTIES MAY CONTAIN VIRUSES OR OTHER MALWARE THAT IS NOT SUBJECT TO THE DIRECT CONTROL OF DENTAL JOB STOP. YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU WILL NOT HOLD DENTAL JOB STOP OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO AND/OR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS, MOBILE DEVICES, INCLUDING WITHOUT LIMITATIONS TABLETS AND/OR SMARTPHONES, OR DATA. THE SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
IMPORTANTLY, YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC DISK FAILURE OR OTHER SIMILAR EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACKUP YOUR DATA TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE.
(c)LIMITATION OF LIABILITY
IN NO EVENT SHALL DENTAL JOB STOP OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE WITH THE SERVICE, INCLUDING WITHOUT LIMITATION FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO DENTAL JOB STOP OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN DENTAL JOB STOP AND YOU. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
THE ABOVE DISCLAIMERS, WAIVERS, AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND DENTAL JOB STOP OR BETWEEN YOU AND ANY OF DENTAL JOB STOP’S LICENSORS AND SUPPLIERS. DENTAL JOB STOP’S LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS, AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
23.YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that Your use of the Service will be in accordance with this Agreement and any other Dental Job Stop policies, and with any applicable laws or regulations.
24.INDEMNITY BY YOU
Without limiting any indemnification provision of this Agreement, You (the “Indemnitor”) agree to defend, indemnify, and hold harmless Dental Job Stop and the Dental Job Stop Parties (collectively, the “Indemnitees”) from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, “Claim,” and collectively, “Claims”), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to Dental Job Stop, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between You and Dental Job Stop, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) Your access to or use of the Service; (iv) Your provision to Dental Job Stop or any of the Indemnitees of information or other data; (v) Your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; or (vi) Your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Dental Job Stop Parties.
25.GOVERNING LAW; JURISDICTION AND VENUE
(a)1-Year Limitations Period
ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE SERVICE, OR THIS AGREEMENT, MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH ABOVE.
If You and Dental Job Stop cannot resolve a Claim through negotiations, either party may elect to have the Claim finally and exclusively resolved by binding arbitration.Any election to arbitrate by one party shall be final and binding on the other(s).YOU HEREBY ACKNOWLEDGE THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT WITH A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), as modified by this Agreement, available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879.Except as otherwise provided for herein, Dental Job Stop will pay the AAA filing, administration, and arbitrator fees.If, however, the arbitrator finds that either the substance of Your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules.In that case, You hereby agree to reimburse Dental Job Stop for all payments disbursed that are Your obligation to reimburse under the AAA Rules.If You are unable to pay the arbitration fee, Dental Job Stop will pay it directly upon receiving a written request and a sworn statement that You are unable to pay.The arbitrator is bound by the terms of this Agreement.All issues are for the arbitrator to resolve, except that issues relating to the enforceability of the arbitration provision are for a Court of Competent Jurisdiction to resolve.The arbitration may be conducted in person, through document submission, through telephone, or online.The arbitrator will issue a decision in writing, but need only provide a statement of reasons if requested by a party.The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.Dental Job Stop may litigate to compel arbitration in court, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator.
(c)Restrictions Against Joinder of Claims
You and Dental Job Stop agree that any arbitration shall be limited to each Claim individually.YOU AND DENTAL JOB STOP HEREBY AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN YOUR OR DENTAL JOB STOP’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.In the event that this specific provision is found to be unenforceable in a Court of Competent Jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration upon the election of either party, and any election to arbitrate by one party shall be final and binding on the other(s). In addition: (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.
(d)Remedies in Aid of Arbitration; Equitable Relief
This agreement to arbitrate will not preclude You or Dental Job Stop from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or Dental Job Stop from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. As used herein, “Court of Competent Jurisdiction” means any federal or state court: (1) that has jurisdiction over the subject matter; and (2) that is located in the State of California.
(e)Laws of the State of California
This Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in the State of California and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN OR NEAREST TO LOS ANGELES COUNTY, CALIFORNIA.THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.
(a) BY DENTAL JOB STOP
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, DENTAL JOB STOP RESERVES THE RIGHT TO, IN DENTAL JOB STOP’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
(b) AUTOMATIC TERMINATION UPON BREACH BY YOU
This Agreement shall automatically terminate in the event that You breach any of this Agreement’s representations, warranties, or covenants. Such termination shall be automatic, and shall not require any action by Dental Job Stop.
(c) BY YOU
You may terminate this Agreement and Your rights hereunder at any time, for any or no reason at all, by providing to Dental Job Stop notice of Your intention to do so, in the manner required by this Agreement.
(d) EFFECT OF TERMINATION
Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Service. Upon termination, Dental Job Stop may, but has no obligation to, in Dental Job Stop’s sole discretion, rescind any services and/or delete from Dental Job Stop’s systems all Your Personal Information and any other files or information that You made available to Dental Job Stop or that otherwise relate to Your use of the Service. Upon termination, You shall cease any use of the Service. Subsequent to termination, Dental Job Stop reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Service, including without limitation technological barriers such as IP blocking and direct contact with Your Internet Service Provider.
(e) LEGAL ACTION
If Dental Job Stop, in Dental Job Stop’s discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, Dental Job Stop will be entitled to recover from You as part of such legal action, and You agree to pay, Dental Job Stop’s reasonable costs and attorneys’ fees incurred as a result of such legal action. The Dental Job Stop Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement.
Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 1, 2, 4-10, and 14-29 will survive any termination of this Agreement.
All notices required or permitted to be given under this Agreement must be in writing. Dental Job Stop shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to Dental Job Stop. You agree that any notice received from Dental Job Stop electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH DENTAL JOB STOP IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY DENTAL JOB STOP OF AN EMAIL TO THAT ADDRESS. You shall give any notice to Dental Job Stop by means of electronic message by accessing and submitting the message through the following webpage: http://www.dentaljobstop.com/contactus.
Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion hereof, which shall remain in full force and effect, and the parties hereby acknowledge and agree that they would have executed the remaining portion hereof without including the part so declared by a Court of Competent Jurisdiction to be invalid, void, or unenforceable.
This Agreement constitutes the entire agreement between Dental Job Stop and You concerning Your use of the Service. This Agreement may only be modified by a written amendment signed by an authorized executive of Dental Job Stop or by the unilateral amendment of this Agreement by Dental Job Stop and by the posting by Dental Job Stop of such amended version. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of Dental Job Stop. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. You and Dental Job Stop are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Except for the Dental Job Stop Parties and to the extent set forth in Sections 16, 20, 22(a), 24, and 26(e), and in this paragraph, and Dental Job Stop’s licensors and suppliers as—and to the extent—expressly stated in this Agreement, there are no third-party beneficiaries to this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by You would cause irreparable injury to Dental Job Stop and Dental Job Stop’s licensors and suppliers, and would therefore entitle Dental Job Stop or Dental Job Stop’s licensors or suppliers, as the case may be, to injunctive relief. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.