PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS.

Transcription

1 PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS. Welcome to StarDentalStaffing.com (the Website ), provided by Star Dental Staffing LLP. ( Star Dental ). These terms and conditions of use may be changed in the future without further notice. Your continued use of this Website after any such changes constitutes your acceptance of the new terms. Further, these terms and conditions apply exclusively to your access to, and use of, this Website and do not alter in any way the terms or conditions of any other agreement you may have with Star Dental for products, services or otherwise. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms You and User as used herein refer to all individuals and/or entities accessing this Website for any reason. If you do not agree or accept any of the terms or conditions then immediately discontinue any and all use of this Website. Privacy Please review our Privacy Policy, which also governs your visit to our Website, to understand our privacy practices and how your information may be collected and used. Electronic Communications When you visit our Website or send s to us, you are electronically communicating with us. You are also expressly consenting to receive electronic communications from us, by e- mail and/or by posting notices on this Website. You expressly agree that any and all agreements, notices, disclosures and other communications electronically provided to you satisfy any legal requirement that such communications be in writing. Copyright All Website materials, including, without limitation, the Star Dental logo, design, text, graphics, other files, and the selection and arrangement thereof are Copyright 2014 Star Dental Staffing LLP. ALL RIGHTS RESERVED. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Star Dental or the respective copyright owner. Permission is granted to display, copy, distribute and download the materials on this Website for personal, noncommercial and informational use only; provided that you may not, without the permission of Star Dental or the respective copyright owner, (a) copy, publish or post any materials on any computer network or broadcast or publications media, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials. Trademark Star Dental, the Star Dental logo and the products and services described in this Website, including without limitation Star DentalStaffing.com, are either trademarks or registered trademarks of Star Dental and may not be copied, imitated or used, in whole or in part, without the prior written permission of Star Dental. In addition, all page headers, custom graphics, button

2 icons and scripts are service marks, trademarks and/or trade dress of Star Dental, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Star Dental. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners. You may not copy or adapt the HTML code that Star Dental creates to generate its pages. It is also protected by the Company s copyright. Use of Material The compilation (meaning the collection, arrangement, and assembly) of all content on this Website is the exclusive property of Star Dental and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Website or in a networked computer environment for any purpose is prohibited. Website Users The Website is intended solely for use by individuals seeking employment and by employers seeking candidates to fill job openings. Star Dental reserves the right to prevent, cancel or suspend any individual s, employer s, or others access to the Website. This may be on account of a violation of these Terms and Conditions or for any other reason at Star Dental s sole discretion. Star Dental s right to prevent, cancel or suspend access to the Website may be exercised without notice to the individual, employer, or other so affected. Individuals seeking employment are permitted to use the Website solely for purposes of posting resumes and searching for (and responding to) job postings. Star Dental authorizes you to view and download a single copy of any job posting, resume, or other Material on this Website for your personal use only. You must retain all copyright and other proprietary notices contained on such Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose (other than for searching for a job for yourself). Employers who have subscribed to the Website are permitted to use it solely for purposes of (i) posting jobs and (ii) retrieving resumes to fill actual or potential job openings at the employer s business (in the case of subscribing employers). Star Dental authorizes you to view and download a single copy of any job posting, resume, or other Material on this Website for such use. You must retain all copyright and other proprietary notices contained on such material. You may not sell or modify the Material, except that subscribing recruitment professionals may alter the contact information on a resume. You may not reproduce or distribute such material, except that you may forward copies of resumes to necessary persons at the employer s business (in the case of subscribing employers). You may not otherwise reproduce, display, publicly perform, distribute, or otherwise use the Material in any way.

3 User Submissions As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Website you agree not to, do the following things: (i) post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; (ii) post material that reveals trade secrets, unless you own them or have the permission of the owner; (iii) post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (iv) post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; (v) a sexually-explicit image or statement; (vi) post advertisements or solicitations of business, post chain letters or pyramid schemes; (vii) impersonate another person; (viii) post material that contains viruses, Trojan horses, worms, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Star Dental of any unauthorized use of your registration or password. Website Usage This Website is the property of Star Dental. By using the Website, you agree to abide by the Terms and Conditions herein. Failure to abide by these Terms and Conditions, including the impermissible use of the text, graphics, images, resumes, job postings and other materials (collectively, Materials ) contained on the Website, is a violation of your agreement. It may also be a violation of copyright, trademark, or other laws in the United States and foreign countries. Star Dental expressly prohibits users of this Website and all others from reproducing, displaying, distributing or otherwise using any job posting, resume, or other Material downloaded or otherwise obtained from this Website on any other website, electronic bulletin board, or other publicly accessible site (regardless of whether access to such site is by registration, subscription, membership or fee) on the internet or other network. Star Dental likewise expressly prohibits users of this Website from reproducing, displaying or distributing to others batches containing multiple job postings or resumes downloaded or otherwise obtained from this Website. Star Dental does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. Star Dental acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, Star Dental may investigate the

4 allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Star Dental has no liability or responsibility to users for performance or nonperformance of such activities. Star Dental reserves the right to expel users and prevent their further access to the Website for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. Star Dental may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers. Users may not use the Website in order to transmit, 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, or (iii) that is defamatory, obscene, threatening, abusive or hateful. The Website may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. Star Dental specifically prohibits any use of the Website, and all users agree not to use the Website, for any of the following: (i) posting any incomplete, false or inaccurate biographical information or information which is not your own accurate resume (living individual seeking employment on a full-time or part-time basis on his or her own behalf); (ii) posting any franchise, pyramid scheme, club membership, distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors, or sub-agents; (iii) posting non-resume information such as opinions or notices, commercial or otherwise;(iv) Headhunters, employment placement/outplacement agencies, temporary worker agencies, consultants and other third parties, including any third party charging a fee or restricting complete access to all resume information, are prohibited; (v) responding to any employment opportunity for any reason except to apply for the job; (vi) communications soliciting the employer s business by our competitors are prohibited; (vii) deleting or revising any material posted by any other person or entity; (viii) using any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this site; (xiv) taking any action which imposes an unreasonable or disproportionately large load on this Website s infrastructure; (x) if you have a password allowing access to a non-public area of this Website, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose; (xi) notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Star Dental on this Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer); (xii) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website. Website Security Rules

5 Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (i) accessing data not intended for such user or logging into a server or account which user is not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, flooding, mailbombing or crashing, or (iv) sending unsolicited , including promotions and/or advertising of products or services, or (v) forging any TCP/IP packet header or any part of the header information in any or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Star Dental will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Interaction with Third Parties Star Dental may post advertisements of third parties or business opportunities on this site, including promotions of advertisers, members, or sponsors showing their goods and services on this site. Your correspondence, purchases, participation in, or any other dealings with third parties found on this site are solely between you and such third party and such third parties may provide you with other offers or follow up from this site or other sources. You agree that Star Dental shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on this site. Moreover, Star Dental shall not be responsible or liable for the accuracy, quality, suitability, currency or content of the statements or conduct of any third party on this site. You shall not knowingly or intentionally interfere with the display of any advertisement. The Company s Liability The Star Dental Website acts as a venue for employers to post job opportunities and candidates to post resumes and does not screen or censor the listings offered. Star Dental is not involved in the actual transaction between employers and candidates. As a result, the Company has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Website. The Material may contain inaccuracies or typographical errors. Star Dental makes no representations about the accuracy, reliability, completeness, or timeliness of the Website or the Material. The use of the Website and the Material is at your own risk. Changes are periodically made to the Website and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the Website. Employers are solely responsible for their postings on the Website. Star Dental is not to be considered to be an employer with respect to your use of the

6 Website and shall not be responsible for any employment decisions, for whatever reason made, made by any entity positing jobs on the Website. STAR DENTAL DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND MATERIAL ARE PROVIDED ON AN AS IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. Disclaimers While Star Dental endeavors to provide the most accurate, up-to-date materials available, the information, materials, products, and services available in this site may include inaccuracies or typographical errors that may affect the quality of the information, products or third party content. Moreover, the site may make modifications and/or changes in this site or in the information, materials, products, and services describes in this site at any time, for any reason. You assume the sole risk of making use and/or relying on the information, materials, products, and services available on this site, including but not limited to the third party content, materials, products, and services linked to, downloaded from, distributed through or accessed from this Website. Star Dental makes no representations about the suitability, quality, completeness, timeliness, currency, accuracy, reliability, legality in your jurisdiction, or accuracy of the information, materials, products, and services described or contained on this site, including but not limited to third party content, materials, products, and services linked to, downloaded from, distributed through or accessed from this Website for any purpose. All such information, materials, products, and services are provided as is without warranty of any kind, including all implied warranties and conditions or merchantability, fitness for a particular purpose, title and noninfringement. In no event shall Star Dental be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of this site or with the delay or inability to use this site, or for any information, materials, products, and services obtained through this site, or otherwise arising out of the utilization of this site, whether based in contract, tort, strict liability, or otherwise, even if Star Dental has been advised of the possibility of damages. Because some states/jurisdictions do not allow the excursion or limitation of liability for consequential or incidental damages, the above limitation may not apply. Notwithstanding the foregoing, total liability for the site for any reason whatsoever related to use of this site shall not exceed the amount of One Hundred and 00/100 US dollars ($100.00).

7 Disclaimer of Consequential Damages IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Links The Website contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Star Dental of the contents on such third-party websites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk. No Resale or Unauthorized Commercial Use You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of the Website. Termination Star Dental reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Website and immediate termination of your registration with or ability to access the Website and/or any other service provided to you by Star Dental, upon any breach by you of these Terms and Conditions or if Star Dental is unable to verify or authenticate any information you submit to the Website registration with or ability to access the Website. Indemnity You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. User Information Star Dental may use the information it obtains relating to you, including your IP address, name, mailing address, address and use of the Website, for its internal business and marketing purposes and may disclose the information to third parties for such purposes.

8 If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Any information you submit in creating and/or editing your account also governed by Star Dental s Privacy Policy. You agree to provide valid and accurate information in creating and editing your account. If you are under 18, you may use our website only with the permission and involvement of a parent or guardian. Star Dental maintains ownership of all information posted on the website, including your profile pages and information. You may delete your profile at any time. Your profile and resume will be immediately deleted, however the username and password associated with the account as well as your financial transaction history will remain in our system for a period of up to seven (7) years in accordance with tax and record keeping laws. Your credit card number will be immediately deleted from our system. Should you cancel your account you will have access to the system until your next billing date. At that time your profile will be removed from our searchable database and your username and password will be deactivated. You can log in at any time and reinstate your registration by reentering your credit card information and agreeing to the Terms and Conditions of the site. At no time shall any refunds be due for service once these terms and conditions have been approved by you. NO REFUNDS WILL BE ISSUED FOR ANY MEMBER SELECTING A MONTH TO MONTH PLAN. Your resume, once uploaded into our system, becomes public information and is searchable by all persons with an Employer account. At no time can your resume be marked as private. General This Website is based in Indianapolis, Indiana in Marion County. Star Dental makes no claims the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of Indiana without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts in Marion County, Indiana. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular Legal Notice, or Software License or material on particular web pages, this Agreement constitutes the entire Agreement between you and the Company with respect to the use of Website. Any changes to this Agreement must be made in writing, signed by an authorized representative of the Company. Disputes

9 Any dispute relating in any way to your visit to our Website or to products you purchase through Star Dental or any account you create, maintain and/or operate through Star Dental shall be submitted to confidential and binding arbitration, in Marion County of the State of Indiana except that, to the extent you have in any manner violated or threatened to violate Star Dental's intellectual property rights, Star Dental may seek injunctive or other appropriate relief in any state or federal court in the State of Indiana, and you consent to exclusive jurisdiction and venue in such courts. A party commencing arbitration under this agreement shall file a demand for arbitration with either the American Arbitration Association or The Mediation Group LLC. and the arbitration under this agreement shall be in accordance with the rules then prevailing of the American Arbitration Association or of The Mediation Group LLC. You expressly covenant and agree that that you will participate in the arbitration proceedings in good faith, and that the costs and expenses of any such arbitration shall be charged equally among the parties to the arbitration. The arbitrators award shall be final, binding and conclusive upon the parties to the arbitration and his, her, its heirs, legal representatives, successors and assigns, and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. By accepting these terms and conditions you agree to indemnify and hold harmless Star Dental Staffing LLP, its officers and employees, and/or any of its affiliates from any claims by any and all third parties resulting from your use of this website, including any content submitted and/or breach of these terms and conditions or any other policy of Star Dental.