Services. This agreement provides You with access and usage of an Internet-based services that include, among other services identified on the website(s) from time-to-time, the ability to post and search job opportunities. (“Services”). By using the Website(s), You represent and warrant that all information you provide to YOUR DENTAL CONNECT is accurate and current and that you are either an employer interested in potential employees or a job seeker interested in potential employers. Job listings are created by people or entities over whom Your Dental Connect exercises no control. You acknowledge, understand and agree that Your Dental Connect has no control over the listings, the content of the listings or other information posted on the Website(s). YOUR DENTAL CONNECT does not have any obligation to screen the job postings and when jobs are searched, YOUR DENTAL CONNECT may include a particular job in the results for any or no reason. YOUR DENTAL CONNECT makes no covenant or promise that job seekers or employers are who they claim to be and YOUR DENTAL CONNECT assumes no responsibility and disclaims all liability for the content, accuracy, thoroughness, legality, reliability or availability of any job listing, information, website or advertisement that is in any way associated with, linked to or present with YOUR DENTAL CONNECT, our Website(s), job listings or otherwise.
Age Requirement. You must be 18 years of age or older to visit or use any YOUR DENTAL CONNECT Website in any manner, and, if under the age of majority as that is defined in Your jurisdiction, You must use the Website(s) under the supervision of a parent, legal guardian, or other responsible adult. By visiting the Website(s) or accepting these Terms, You represent and warrant to YOUR DENTAL CONNECT that You have reached the age of majority in your jurisdiction, and that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant that You will use the Website(s) in a manner that does not violate any applicable laws and regulations.
USE OF SERVICE
YOUR DENTAL CONNECT does not employ, recommend or endorse any dental employee or employer. YOUR DENTAL CONNECT shall not be responsible for the conduct, activities or representations of any dentistry practice, dentist, or any manner of employee of dentistry practices. YOUR DENTAL CONNECT is a Website that provides a platform to employer and employee Content, information and ways for dental practices and companies that serve dental practices to connect. Each dentistry practice and dentist shall be solely responsible for selecting and hiring a person that they deem appropriate and for complying with all applicable laws related to said employee.
Use of Your Dental Connect Services and Website(s). YOUR DENTAL CONNECT’s Website is for your personal, non-commercial use only. If you wish to make commercial use of the Website, or if you wish to purchase YOUR DENTAL CONNECT Services utilizing the Website, you must enter into a written agreement with YOUR DENTAL CONNECT to do so in advance. We reserve the right to terminate users, reclaim usernames or URLs for any or no reason. You are granted a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on the Website solely for your personal and non-commercial use for yourself or within your organization. The contents and software code of the Website(s) (“Content”) are protected under intellectual property laws and any other relevant laws of the United States and foreign countries/jurisdictions. You expressly agree not to sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use or misuse the Content in any way, whether for any public or commercial purpose, in connection with products or services that are not those of YOUR DENTAL CONNECT.
To avoid potential identify theft or other unwanted privacy issues, You are prohibited from posting any Content containing specific personal identification information such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. YOUR DENTAL CONNECT may remove such information but does not have any obligation to do so, undertakes no responsibility and disclaims all liability for the posting of such numbers.
YOUR DENTAL CONNECT, although under no obligation to monitor Content, reserves the right to delete any Content that YOUR DENTAL CONNECT deems in its sole discretion is undesirable, inappropriate, in violation of the Terms, or for any or no reason. If you believe a message violates our policies, please inform YOUR DENTAL CONNECT and YOUR DENTAL CONNECT may, in its sole discretion, decide whether to alter or delete any content.
YOUR DENTAL CONNECT may remove any job listings that excludes people because of their gender, race, age, sexual preference or disability, in YOUR DENTAL CONNECT’s sole discretion.
You are required to provide an email that is accurate and current, with complete information about You as prompted on the Website and by YOUR DENTAL CONNECT. You agree to keep your username and password confidential and shall not transfer, assign or resell your right to access and use the Website(s) to any third party. YOUR DENTAL CONNECT disclaims all liability if your email is used improperly by a third party. YOUR DENTAL CONNECT may terminate users, usernames or URLs at any time for any or no reason.
User Responsibilities. User (i) shall keep its passwords secure and confidential; (ii) shall use commercially reasonable efforts to prevent unauthorized access to its account, and notify YOUR DENTAL CONNECT promptly of any such unauthorized access; (iii) shall use the Service only in accordance with applicable laws, including the laws of the state of Texas, federal law, international law and YOUR DENTAL CONNECT policies; (iv) shall use the Website(s) and Services only to search for employees or job opportunities; (v) shall keep Your profile information accurate and current; (vi) shall only post information and materials to which you have a legal right to post; or (vii) shall bear the risks of any reliance on or use of any User Content or any information provided by any person or entity other than YOUR DENTAL CONNECT.
ACTIONS EXPRESSLY PROHIBITED. The Services and Content shall only be used by employers seeking employees and individuals seeking employment. YOUR DENTAL CONNECT specifically prohibits any other use of the YOUR DENTAL CONNECT Website(s). Users may not use any YOUR DENTAL CONNECT Website(s), Content or Services to transmit, post, distribute, store or destroy material (i) in violation of any applicable law or regulation; (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; (iii) that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or that contains sexual, ethnic or racial or other discriminating slurs, or material which is not relevant (in YOUR DENTAL CONNECT’s sole discretion), or which is otherwise in violation of the law; and (iv) that contains proprietary information, trade secrets or confidential information. User Content may not contain any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by YOUR DENTAL CONNECT), or encourage, facilitate or cause spamming or flooding. You agree that YOUR DENTAL CONNECT may reject or remove any job listing or any screening questions from the Website for any or no reason. You shall indemnify and defend YOUR DENTAL CONNECT, its agents, affiliates, and licensors from any third party claim or liability (including, but not limited to reasonable legal and attorneys’ fees) arising out of your posting a job on YOUR DENTAL CONNECT or using screening questions.
Users shall not do any of the following: (i) post any jobs on any YOUR DENTAL CONNECT Site for any competitor of YOUR DENTAL CONNECT or post jobs or other content that contains links to any competitor of YOUR DENTAL CONNECT; (ii) post jobs or content on any YOUR DENTAL CONNECT Website(s) that contain hyperlinks, “hidden” keywords or keywords that are irrelevant to the job or are otherwise misleading; (iii) post jobs for positions not relevant to the professional fields for which YOUR DENTAL CONNECT serves; (iv) use the Content to sell or promote any products or services; (v) use the Website(s) for commercial recruitment, executive search, staffing, outsourced employment or any other professional employment or recruitment activity; (vi) post or submit any false or inaccurate information or information which is not your own; (vii) delete or revise any material posted by any other person or entity; (viii) use or attempt to use any engine, software, tool, agent or other device (including, but not limited to: browsers, spiders, robots, avatars or intelligent agents) to navigate or search any YOUR DENTAL CONNECT Website(s) other than search engines (e.g., Firefox, Internet Explorer) (ix) decompile, disassemble or reverse engineer any of the software that is associated with or used by YOUR DENTAL CONNECT; or (x) aggregate, copy or duplicate in any manner any of the Content or information available from any YOUR DENTAL CONNECT Website, without express written consent from YOUR DENTAL CONNECT.
User has a duty to notify YOUR DENTAL CONNECT immediately, in writing, upon User’s belief or accusation by any entity or government office that User is in violation of any law. User understands that YOUR DENTAL CONNECT is merely and only providing a web-based software service and does not sell any particular good.
Reservation of Rights. The software, code, workflow processes, user interface, designs, know-how, and other creations and technologies provided by YOUR DENTAL CONNECT as part of the Service are the proprietary property of YOUR DENTAL CONNECT and its licensors (if any), and all right, title and interest in and to such items, including all associated intellectual property rights, remain only with YOUR DENTAL CONNECT. You may not remove or modify any proprietary marking or restrictive legends in the Website content or in any YOUR DENTAL CONNECT materials or information. YOUR DENTAL CONNECT reserves all rights unless expressly granted in these Terms. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indications of ownership on the materials accessed through the Website other than your content. Any use of materials or descriptions; any derivative use of the Website or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. The materials on the Website are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of YOUR DENTAL CONNECT’s proprietary rights in them.
Aggregate Data. YOUR DENTAL CONNECT may use during and after this agreement all aggregate non-identifiable data in the Services for purposes of enhancing the Services, technical support and any other business purpose.
WARRANTY DISCLAIMER. THE SERVICES AND PRODUCTS, WEBSITE, MATERIALS, INFORMATION, AND USER CONTENT INCUDED IN THE WEBSITE ARE PROVIDED “AS IS”, AND Your Dental Connect DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, THE EXPRESS, IMPLIED AND/OR STATUTORY WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WHILE YOUR DENTAL CONNECT TAKES REASONABLE PHYSICAL, TECHNICAL AND ADMINISTRATIVE MEASURES TO SECURE THE SERVICE, YOUR DENTAL CONNECT DOES NOT GUARANTY THAT THE SERVICE CANNOT BE COMPROMISED AND DISCLAIMS ANY AND ALL WARRANTIES REGARDING SECURITY, RELIABILITY, TIMELINESS, PERFORMANCE OF SERVICES, OR INFORMATION OBTAINED THROUGH THE SERVICES, ADVERTISEMENTS OR LINKS PROVIDED. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, OR THAT RESULTS FROM THE USE OR DOWNLOAD OF SUCH MATERIAL OR DATA.
YOUR DENTAL CONNECT disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the YOUR DENTAL CONNECT results or posted on the Website by YOUR DENTAL CONNECT, USERS or third parties. YOUR DENTAL CONNECT disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. YOUR DENTAL CONNECT disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Website or on other sites on the Internet accessed through the Website. Under no circumstances shall YOUR DENTAL CONNECT be liable to you or any user on account of that user’s use or misuse of or reliance on the YOUR DENTAL CONNECT Website AND/OR CONTENT.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL YOUR DENTAL CONNECT OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE WEBSITE, ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF YOUR DENTAL CONNECT OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR ANY INFORMATION, SERVICE OR PRODUCT THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall YOUR DENTAL CONNECT or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
INDEMNIFICATION. YOU hereby agree to hold harmless and indemnify YOUR DENTAL CONNECT against any and all expenses (including attorneys’ fees), witness fees, damages, judgments, fines and amounts paid in settlement and any other amounts that YOUR DENTAL CONNECT becomes legally obligated to pay because of any claim or claims made against or by YOUR DENTAL CONNECT in connection with any threatened, pending or completed action, suit or proceeding, whether civil, criminal, arbitrational, administrative or investigative (including an action by or in the right of YOUR DENTAL CONNECT) to which YOUR DENTAL CONNECT is, was or at any time becomes a party, or is threatened to be made a party, by reason of THIRD PARTY CLAIMS OR YOUR USE OF THE WEBSITE(S), CONTENT AND SERVICES, INCLUDING, BUT NOT LIMITED TO COMMUNICATIONS WITH OTHER USERS.
CLAIMS OF INFRINGEMENT
U.S. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by YOUR DENTAL CONNECT infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow YOUR DENTAL CONNECT to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send YOUR DENTAL CONNECT a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Please consult your legal counsel before filing a notice or counter-notice. There can be penalties for false claims under the DMCA.
Other Claims of Infringement. For claims of infringement that do not involve US copyrights, please contact us via our Website.
You shall be charged for the Services in the manner indicated on the Website(s) and payment must be made in United States Dollars. If You owe a balance to YOUR DENTAL CONNECT, You agree to pay this balance within seven (7) calendar days of the date the balance becomes due and owing. Failure to pay a balance owed to YOUR DENTAL CONNECT may result in YOUR DENTAL CONNECT terminating Your use of the Website(s) and Services, at YOUR DENTAL CONNECT’s sole discretion, and a collections process. You waive all claims relating to charges unless claimed within 60 days after the charge. You are responsible for paying for all reasonable expenses and attorney’s fees associated with collecting any amounts due and owing. You agree that You will not cancel credit card charges via arrangements with Your credit card issuer. Refunds (if any) are at the sole discretion of YOUR DENTAL CONNECT and only in the form of credit for the Services. You acknowledge and agree that any credit card and related billing and payment information that You provide to YOUR DENTAL CONNECT may be shared by YOUR DENTAL CONNECT with companies who provide services to YOUR DENTAL CONNECT or You, (for example, payment processors and/or credit agencies), solely for the purposes of checking credit, effecting payment to YOUR DENTAL CONNECT and servicing your account. YOUR DENTAL CONNECT may also provide such information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. YOUR DENTAL CONNECT shall not be liable for any use or disclosure of such information by such third parties.
Governing Law. This Agreement and any dispute arising out of or in connection with this Agreement will be governed by and under the laws of the State of Texas, U.S.A., without giving effect to conflicts of law principles. Any and all actions, lawsuits, or other legal proceedings related to such dispute shall be filed exclusively in the federal or state courts located in Travis County, Texas. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Travis County, Texas.
Change of User Information. You agree to keep all user information accurate and up-to-date, including all billing information. Failure to so maintain Your billing information will likely result in termination of Services, at YOUR DENTAL CONNECT’s sole discretion.
Notices. Any notices to YOUR DENTAL CONNECT must be sent to the YOUR DENTAL CONNECT business address via certified mail return receipt requested or overnight courier, and are deemed given upon receipt. Any notices to You shall be to the email address specified by and linked to your account.
Nonassignment. You may not assign or delegate any of your rights or obligations hereunder without YOUR DENTAL CONNECT’s prior written consent and any such attempt is void. YOUR DENTAL CONNECT may freely assign or delegate its rights and obligations hereunder without notice to you.
Independent Contractors. You and YOUR DENTAL CONNECT are independent contractors with respect to each other.
Material To Agreement. YOU UNDERSTAND AND ACKNOWLEDGE THAT PROVISIONS INCLUDING, BUT NOT LIMITED TO WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION ARE MATERIAL TO THIS AGREEMENT AND YOUR DENTAL CONNECTING WOULD NOT ENTER INTO CONTRACT WITH USER WITHOUT THESE PROVISIONS.
Entire Agreement; Severability. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by YOUR DENTAL CONNECT. This Agreement, together with any amendments and any additional agreements you may enter into with YOUR DENTAL CONNECT in connection with the Website, shall constitute the entire agreement between you and YOUR DENTAL CONNECT concerning the Website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.