1.1 DEFINITIONS "Terms Of Service" means a collective reference to this Terms of Service Agreement. "Service" means a collective reference to the Customers interaction with Dental Employ LLC, its website dentalemploy.com and it’s sub-domains ( such as tucson.dentalemploy.com) Customer means user participation (free or paid) with dentalemploy.com or any of its sub-domains. or any parties using the Service on behalf of Customer.
2.FEES AND BILLING
2.1 SUBSCRIPTION Is the level of Service Customer and Dental Employ agree upon. This is comprised of the type of service Customer selects. All business or employer accounts require a subscription to use the features of the website, these are Paid Subscriptions. Employees or job seekers looking for jobs are free to use the system and are Unpaid Users.
2.2 RECURRING CHARGES Paid Subscriptions will be billed in advance each month until Customer gives notice of Termination in advance of such billing. Dental Employ must have a valid credit card on file always to maintain a valid paid Subscription with Customer. There are no refunds on monthly or annually paid subscriptions.
3.CUSTOMER RESPONSIBILITIES AND ELIGIBILITY
3.1 CUSTOMER ELIGIBILITY Each Customer must be at least 18 years old, or the age of majority, as determined by the laws of his or her State of residency, if using a Paid Subscription, have a valid credit card and billing address to pay for the service and agree to these Terms of Service.
3.2 CUSTOMER EQUIPMENT Customer is entirely responsible for procurement, maintenance and repair of any devices customer needs to fulfill their subscription, including but not limited to any: computers, switches, routers, wiring internet connection and any other associated hardware and service necessary to utilize Service.
3.3 CUSTOMER'S CONDUCT The Customer shall be solely responsible for the contents of his/her usage of the Service. Use of the Service is subject to all applicable local, state, national, and international laws and regulations. The Customer shall (1) not use the Service for illegal or unlawful purposes, (2) not cause loss or create service degradation for other users, (3) comply with all regulations, policies and procedures of networks connected to the Service. Customer must agree and acknowledge that, if such Customer 's data consumption places an overly large burden on the Service or is otherwise not typical of the typical user of the Service, then such Customer's Service may be Terminated or suspended.
3.4 REVIEW OF TERMS OF SERVICE It is the Customers sole responsibility to review and check for updates to the Terms of Service which is available at: https://dentalemploy.com/legal
3.5 DATA BACKUP It is the sole responsibility of the customer to backup any stored recordings on the Service to protect against any potential loss.
4.TERM AND TERMINATION
4.1 TERM BOTH CUSTOMER AND DENTAL EMPLOY ACKNOWLEDGE AND AGREE THE TERM IS MONTH TO MONTH OR ANNUALLY FOR PAID SUBSCRIPTIONS. UNPAID SUBSCRIPTIONS HAVE NO TERM AND MAY BE TERMINATED AT ANYTIME WITHOUT RECOURSE.
4.2 TERMINATION BOTH CUSTOMER AND DENTAL EMPLOY ACKNOWLEDGE AND AGREE THEY HAVE THE RIGHT TO TERMINATE SERVICE FOR ANY REASON AT ANY TIME. NOTICE OF TERMINATION MUST BE SENT VIA EMAIL TO SUPPORT@DENTALEMPLOY.COM. WHEN CUSTOMER ELECTS TO TERMINATE THEY MUST RECEIVE ACKNOWLEDGEMENT OF RECEIPT FROM DENTAL EMPLOY, WHICH WILL NOT BE UNREASONABLY WITHHELD. SHOULD DENTAL EMPLOY ELECT TO TERMINATE THE CUSTOMER IT WILL USE THE CONTACT INFORMATION PROVIDED BY CUSTOMER. DENTAL EMPLOY WILL USE THEIR BEST REASONABLE EFFORT TO CONTACT CUSTOMER.
4.3 EFFECT OF TERMINATION UPON TERMINATION ALL CUSTOMER ACCOUNT DETAILS, CONTENT AND ANY DATA RELATING TO THE CUSTOMER CAN AND WILL BE DELETED FOREVER, unless need for defense of this Terms Of Service OR deemed usable for marketing purposes. IF EITHER PARTY TERMINATES FOR ANY REASON DENTAL EMPLOY WILL NOT BE REQUIRED TO REFUND ANY PREPAYMENT OF SERVICE.
5.CONFIDENTIAL INFORMATION. Confidential Information shall include but isn’t limited to Customer's: IP’s addresses used to facilitate service, billing and shipping information including credit card details, personally identifying information, employment and education information intimate information regarding the character of the individual or business. Dental Employ may disclose Confidential Information on a need-to-know basis to its contractors who have executed written agreements requiring them to maintain such information in strict confidence and use it only to facilitate the performance of their services for Dental Employ in connection with the performance of this Agreement. Confidential Information shall not include information which: (1) is known publicly; (2) is generally known in the industry before disclosure; (3) has become known publicly, without fault of the recipient, subsequent to disclosure by the disclosing party; or (4) the recipient becomes aware of from a third party not bound by nondisclosure obligations to the disclosing party and with the lawful right to disclose such information to the recipient. This Section 5 will not be construed to prohibit the disclosure of Confidential Information to the extent that such disclosure is required by law or order of a court or other governmental authority.
6.LIMITATIONS OF LIABILITY In no event shall Dental Employ be liable to Customer, any Customer representative, any third party or otherwise, for any incidental, special, punitive, indirect or consequential damages, including lost revenue, lost profits, damage to customer equipment, loss of technology, loss of data, non-deliveries, or in any way related to the Service or any aspect of Customer's business, whether under theory of contract, tort (including negligence), strict liability or otherwise. IN NO EVENT WILL DENTAL EMPLOY'S AGGREGATE LIABILITY ARISING FROM OR RELATED TO THIS TERMS OF SERVICE WHETHER IN TORT (INCLUDING NEGLIGENCE AND GROSS MISCONDUCT), CONTRACT, OR OTHERWISE EXCEED THE AMOUNT INVOICED AND PAID BY CUSTOMER FOR THE SERVICES WHICH ARE THE SUBJECT OF THE DISPUTE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE SUBJECT CLAIM AROSE. Dental Employ may change the Service, including software or features at any time and for any reason.
7.INDEMNIFICATION Customer shall defend, indemnify and hold Dental Employ harmless against any and all Claims brought by third parties, arising out of or relating to this agreement or Service provided.
8.AS-IS NO WARRANTY DENTAL EMPLOY MAKES NO WARRANTIES. DENTAL EMPLOY PROVIDES IT'S SERVICES AND WEBSITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH CUSTOMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DENTAL EMPLOY, ITS AFFILIATES, SERVICE PROVIDERS AND/OR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. DENTAL EMPLOY DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICE OR WEBSITE OR OTHER DEVICE OR THAT ACCESS TO OR USE OF THE SERVICE OR ASSOCIATED EQUIPMENT AND PARTIES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9.INTERRUPTION OF SERVICE OR UNAVAILABILITY Customer understands and acknowledges that the Service may be interrupted or completely unavailable from time to time for a multitude of reasons. Customer understands that the Service uses many third parties to facilitate the Service and outages and interruptions can and do happen with these third parties. In certain places Service may be completely unavailable. Dental Employ is not responsible for any interruptions of the Service or outages or unavailability or loss of data.
10.FORCE MAJEURE Dental Employ will not be liable for any loss or damage or be deemed to be in breach of this contract due to any event or circumstance beyond its reasonable control, including, war, invasion, electrical shortages, terrorist attacks, earthquakes or acts of God.
11.MISCELLANEOUS UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. OUR LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS.
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY ARIZONA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF PIMA COUNTY, ARIZONA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE.
12.TERMS OF SERVICE UPDATES The Terms of Service, may change and Dental Employ will make a reasonable effort to notify Customer of said change either by user webspace, email or both in advance of said change.. Always, the most up to date terms of service will be available for review at: https://dentalemploy.com/legal