Terms of Use

Dental Landing, LLC Terms of Use Last Updated: May 23, 2015

Welcome to the website of Dental Landing, LLC (“DentalLanding.com”, "Company", "we" or "us"). We have taken every effort to design our Web site to be honest and helpful. Hopefully we’ve accomplished that — and would ask that you let us know if you’d like to see improvements or changes that would make it even easier for you to find the information you need and want.

All we ask is that you agree to abide by the following Terms and Conditions. It applies to any users of www.dentallanding.com, including those who are seeking to find a Service Provider through DentalLanding.com ("Dental Practices") as well as those who are looking to promote their services through DentalLanding.com ("Service Providers" also know as “Dental Hygienist, Dental Assistants, and Front Desk Personnel), and any users of any of the various services that DentalLanding.com provides through the Site or any other channels, including over the telephone ("Services"). Take a few minutes to read these Terms and any applicable Additional Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, and agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you register as a user of the Site or Services ("Registered Users").

These Terms include the DentalLanding.com Privacy Policy, which is incorporated herein. Naturally, if you don’t agree with anything in these Terms, the Privacy Policy or any applicable Additional Terms, do not use the Site or the Services. We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these terms to see what those changes may be. Your continued use of the Dental Landing Web site means that you accept any future changes.

For purposes of these Terms, the "Site" shall mean www.dentallanding.com and any other Dental Landing, LLC branded websites, web pages, mobile applications and mobile websites operated by Dental Landing, LLC. ("Dentallanding.com" or "we") in the United States, and the "Services" shall mean any of the various services that Dentallanding.com provides through the Site or any other channels, including over the telephone.

THANKS AGAIN FOR VISITING!

1. Description of Services

DentalLanding.com offers various Services to help its users find and coordinate, TEMPORARY DENTAL contractor service to maintain their dental schedule when short on staff. The Services we offer include, among others:

We enable Dental practices seeking to hire temporary employee services (such as dental hygienist, dental assistant, and front desk personnel that are seeking to provide help on a TEMPORARY BASIS) to request jobs on the Site, and we enable individuals who are trained or licensed to provide these services ("Dental Hygienist, dental assistants, front desk") to post profiles on the Site and accept TEMPORARY job offers.

Dental hygienist, dental assistants and front desk personnel, upon agreeing to these Terms of Use, may post information about themselves for review by Dental Practices. Dental Practices agree to use the information on the Website to contact dental hygienists, dental assistants, and front desk personnel for work purposes only. We provide search functionality on the Site to allow Dental Practices to narrow the pool of dental hygienist, dental assistants, and front desk personnel they are interested in, based on their needs and preferences.

We provide tools and information to help Dental Practices and Service Providers make more informed decisions, such as:

verification dashboards on Service Provider profiles, which enable Dental Practices to check the status of a Service Provider's Licensing or various verifications, and
a process for Dental Practice to obtain background check reports on individual Service Providers who consent to the running and sharing of those reports.

The Website helps address the needs of Dental Practices to service their patients when short on staff. However, we do not employ any Service Providers. Dental Practices are the potential employers of dental Service Providers and are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable payroll, tax and minimum wage laws).  Further, we do not have control over the quality, timing, or legality of the services actually delivered by Service Providers, nor the integrity, responsibility or actions of Dental Practices or Service Providers. We do not refer or recommend either Dental practices or Service Providers nor do we make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by Service Providers or the integrity, responsibility or actions of Dental Practices or Service Providers whether in public, private or offline interactions.

Dentallanding.com is not responsible for the conduct, whether online or offline, of any Dental practice, Service Provider or other user of the Site or Services, including without limitation the conduct of Dental Landing, LLC. Moreover, Dentallanding.com does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All users, including both Dental Practices and Service Providers, hereby expressly consent to use of information and agree not to hold Dentallaning.com (or Dental Landing, LLC.'s officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers) liable for the actions or inactions of any Dental Practice staff member, Service Provider or other third party or for any information, instruction, advice or services which originated through the Site, and, to the maximum extent permissible under applicable law, Dentallanding.com and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

Any screening of a Dental Practice or Service Provider and his, her or its information by Dentallanding.com is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual's suitability as an employer or Service Provider. Registered Users are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate Dental Practice or Service Provider for themselves. Each Dental Practice is also responsible for complying with all applicable employment and other laws in connection with any employment relationship they establish, including verifying the age and license of the Service Provider they select as well as that Service Provider's eligibility to work in the US.

Content on the Website is primarily user generated, and we do not control or vet user generated content for accuracy as a general matter, including without limitation certifications, education, and other representations made by a user. We do not assume any responsibility for the accuracy or reliability of any information provided by users on the Website. It is the sole responsibility of the Dental Practice in need of a dental hygienist, dental assistant or front desk personnel to determine if the information on the Website is true and accurate and to otherwise determine the suitability of the individual for the position requested. Service Providers agree to be ranked.

If you sign up for an account on Dental Landing, you consent to receive certain email, phone call or SMS communications from us, such as notifications that potential Service Providers have responded to a job request. You may choose whether to receive these communications by either text or email when you create your profile, and you may update this choice at any time in your profile settings. You also agree to be evaluated after each office placement.

2.Eligibility to Use the Site and Services/ Rules of Service

Posting

All remarks, suggestions, ideas, graphics, comments, or other information that you send to Dental Landing through our site (other than information we promise to protect under our privacy policy) becomes and remains our property, even if this agreement is later terminated.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose, including without limitation, making the User Contributions available to other users that provide or support dental services.

That means that we don’t have to treat any such submission as confidential. You can’t sue us for using ideas you submit. If we use them, or anything like them, we don’t have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate, without compensating you or anyone else for them.

You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

By transmitting and submitting any Content while using our Service, you agree, represent and warrant as follows:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns.
All of your User Contributions do and will comply with these Terms of Use.
You will register your account in your own legal name
You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services
You are solely responsible for any Content that you post on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, pornographic, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from Dentallanding.com where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to Dentallanding.com or to any other user of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you post to post such Content.
Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
Dentallanding.com is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
To send, knowingly receive, upload, download, use or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
To engage in any otherconduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

Should Dentallanding.com find that you violated the terms of this Section or any terms stated herein, Dentallanding.com reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services without refund. By using the Site and/or Services, you agree that Dentallanding.com may assess, and you will be obligated to pay, a $10,000 daily penalty for collecting data (scraping data), either in a manual or automatic manner, Service Provider or Dental Practice information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misusing or misappropriating Site content, including but not limited to, use on a "mirrored", competitive, or third party site. This fee shall be in addition to any other rights Dentallanding.com may have under these Terms or applicable law.  Further, in order to protect the integrity of the Site and the Services, Dentallanding.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.

3. Payment and Refund Policy

It is our current policy that dental hygienists, dental assistants, and front desk personnel who seek to provide services to Dental Practices may use the Website without charge so long as they comply with all terms and conditions of the Terms of Use. The Company will, however, charge for use of the Website by Dental Practices that seek Service Providers.

Billing and Payment 

If you sign up for a Dentallanding.com paid membership subscription, you agree to pay Dentallanding.com all subscription charges associated with the plan you subscribe to as described on the Site at the time you subscribe and provide your payment information. You also authorize Dentallanding.com to charge your chosen payment provider according to the terms of the plan to which you subscribe. The subscription period and the amount and frequency of the charges will vary depending on the subscription plan you select. Dentallanding.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.  To the extent you elect to purchase other Services or products, you authorize Dentallanding.com to charge your chosen payment provider for the Services and/or products you purchase. You agree that if Dentallanding.com already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services/products you purchase.

Automatic Subscription Renewal and Cancellation

Dentallanding.com paid membership subscriptions will continue indefinitely until cancelled by the user. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period as the subscription term you originally selected and at the subscription rate and frequency disclosed to you on the Site when you originally subscribed, unless otherwise provided at the time you subscribed. You may cancel your paid membership subscription by adjusting your account settings. If you cancel your subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term.

Refund Policy  Except as set forth below, all payments for services/products are non-refundable and there are no refunds or credits for unused or partially used services/products or service/product cancellations.

Dentallanding.com does not provide refunds or credits under any circumstances, unless we determine in our sole discretion that a refund or credit is warranted due to extenuating circumstances.

4. Termination of Registration

This agreement is effective until terminated by either party. You may terminate this agreement at any time. Dentallanding.com reserves the right to terminate this agreement at any time without notice to you, if, in its sole judgment, you breach any term or condition of this agreement

We also reserve the right to terminate your access to all or part of the Dentallanding.com Site, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in Dentallanding.com, for any reason or no reason, with or without notice. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.  Following any termination of any individual's use of the Site or the Services, Dentallanding.com reserves the right to send a notice thereof to other Registered Users with whom we believe the individual has corresponded.

Once terminated, you must immediately:

discontinue use of the Website, and
destroy any information you have made of any portion of the Content including Service Provider names, phone numbers and addresses.

Accessing Dentallanding.com or any Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that Dental Landing, LLC shall not be liable to You or any third party for any termination or suspension of Your access to Dentallanding.com, Information and/or the Services for or without cause.

5. Age Restrictions

Dentallanding.com is intended for people 18 or over. Dental Practices and Service Providers should monitor children's use of the Internet and deny access to the Site to anyone under the age of 18. Dentallanding.com will not knowingly collect any information from individuals under 18. You must identify your age during the registration process, and we do not assume any responsibility for any misrepresentations regarding your age when using this Site. Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated immediately. If we learn we have collected or received personal information from an individual under 18, we will delete that information.

6. Links to External Sites

Sometimes the Website may contain links to third-party World Wide Web sites and resources (collectively, "Linked Sites") from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site.

Dentallanding.com of the content on such Linked Sites provides these Linked Sites solely as a convenience to You and not as an endorsement. Dentallanding.com makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. Dentallanding.com is not responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy.

7. Privacy

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. The Dentallanding.com Privacy Notice governs the use of information collected from or provided by You at the Website. With respect to any individual whose personal information is provided by You to Dentallanding.com, You represent to Dentallanding.com that You have obtained all necessary consents for the processing of such personal information contemplated by the Services You are using and by the Dental Landing Privacy Notice. For more information, see our full Privacy Policy, the terms of which are incorporated herein.

8. Release of Liability for Conduct and Disputes

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT will Dentallanding.com and our independent contractors, suppliers, and consultants, and our and their respective directors, officers, employees, and agents (COLLECTIVELY, THE “DENTALLANDING.COM PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF USE, DATA, OR PROFITS), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATED TO THESE TERMS, DENTALLANDING.COM MARKS, third-party trademarks, THE APPLICATIONS, AND THE MATERIALS, OR ANY RELATED PRODUCTS OR SERVICES, EVEN IF ANY OF THE DENTALLANDING.COM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE TOTAL, AGGREGATE LIABILITY OF THE DENTALLANDING.COM PARTIES ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNT (IF ANY) YOU PAID TO ACCESS OR USE THE APPLICATIONS; MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PART OF THE APPLICATIONS, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE APPLICATIONS.

Indemnification

Website users will defend, indemnify, and hold harmless the Dentallanding.com Parties from and against any third-party claims, damages of any kind, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to any of the following: (a) your use of the Applications, the Materials, or Third-Party Trademarks; (b) your conduct in connection with the Applications, the Materials, or Third-Party Trademarks; (c) any User Content or Feedback you provide; (d) your violation of these Terms; or (e) your violation of the rights of another.

DISPUTE RESOLUTION

PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY BECAUSE IT REQUIRES YOU AND DENTALLANDING.COM TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH BOTH PARTIES CAN SEEK RELIEF.

You and Dentallanding.com agree to arbitrate any dispute, claim, or controversy arising from or related to these Terms or the Applications, except that neither you nor Dentallanding.com is required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU AND Dentallanding.com FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Dentallanding.com agree as follows: (a) you will each notify each other of any dispute within 30 days of when it arises and attempt informal resolution before any demand for arbitration; (b) any arbitration will occur in Hennepin County, Minnesota, U.S.A.; and (c) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS (or its successor). The language of all proceedings and filings will be English. Except as expressly provided herein, the arbitrator has the authority to grant any remedy that would otherwise be available in court. The arbitrator will render a written opinion including findings of fact and law, and the award and determination of the arbitrator will be binding upon the parties and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The parties will equally share the expenses of the arbitration parties unless the arbitrator determines to apportion fees and expenses differently. To the fullest extent permitted by applicable law, whether the dispute is heard in arbitration or in court, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE APPLICATIONS, AND NEITHER you NOR Dentallanding.com will commence against the other a class action, class ARBITRATION, or other representative action or proceeding.

You can choose to reject this agreement to arbitrate (“opt out”) by sending Dentallanding.com a written opt-out notice (the “Opt-Out Notice”) to info@dentallanding.com within 30 days after the date you accept these Terms for the first time. The Opt-Out Notice must state that you do not agree to this agreement to arbitrate and must include your name, address, phone number, and email address. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of this agreement to arbitrate. If you opt-out of this agreement to arbitrate, all other parts of these Terms will continue to apply.

9. Copyright Notices/ Complaints

The entire contents of this website, including but not limited to: text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations and software, are the property of Dentallanding.com, its content suppliers or its clients and are protected by domestic and international copyright and trademark laws and are owned as proprietary property. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute any portion of the website contents without the prior express written consent of Dentallanding.com.

If you believe any content appearing on our website constitutes a copyright infringement of another party’s rights, please contact us immediately at info@dentallanding.com to notify us of this infringement.

Your submissions of files, including, but not limited to: resumes, email, flash movies, images, logos, audio loops and other software hereby constitutes your agreement to grant Dentallanding.com a nonexclusive, royalty-free, worldwide, sublicensable, perpetual license to reproduce, distribute, transmit, modify, adapt, sublicense and publicly display any such submissions.

10. Miscellaneous

Under no circumstances will Dentallanding.com or its Affiliates be responsible for any loss or damage resulting from:

your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or
reviews or comments made about you on the Site by other users.

You agree that Dentallanding.com has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these Terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. The author of a review can always remove or request removal of a review they have written.

 To the maximum extent permitted by law, Dentallanding.com disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the site. Users do hereby represent, understand and agree to hold Dentallanding.com harmless for any misstatements and/or misrepresentations made by or on behalf of them on this site or in any other venue.

We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

11. Contact Information

If you have any questions or need further information as to the Site or Services provided by Dentallanding.com, or need to notify Dentallanding.com as to any matters relating to the Site or Services please contact Dentallanding.com at: info@dentallanding.com