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This is an agreement you (“you” or “User”) and Direct, Inc doing business as DirectDental.com (“we,” “us”, and “our”). It applies to all persons using this website (this “Site”), whether as an Employer or Provider, as such terms are defined in the next Paragraph, and where the context applies. You must read and agree to all the terms and conditions of this agreement in order to use this website (the “Site”) and our tools, applications, and services. To the extent permitted by law, we may amend this agreement without prior notice to you at any time by posting a revised version of the Site. Any revisions to this Agreement will take effect when posted on the Site unless otherwise stated. Your continued use of the Site or Services after the effective date of the amendments constitute your acceptance of such amended terms.
THIS AGREEMENT CONTAINS AN ARBITRATE CLAUSE, WHICH REQUIRES THAT YOU AND WE RESOLVE ALL CLAIMS IN BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT. SEE THE “ARBITRATION OF DISPUTES”.
User shall indemnify, defend, and hold harmless us and our affiliates and respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by User or a third party against an Indemnified Party relating to: (a) the use of the Platform and its services by User or User’s agents, including any payment obligations incurred through use of the Platform; (b) any Work Assignment entered into between Users or their User agents; (c) any employment‐related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits; (d) failure to comply with this Agreement by User or User’s agents or any breach of any representation or warranty made by such User; (e) the negligence, willful misconduct, or fraud by User or User’s agents; and (f) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by User or User’s agents.
This Agreement is governed by and construed in accordance with the laws of the State of California, irrespective of California’s choice-of-law principles. Except as set forth above with regard to the paragraph above entitled “Arbitration of Disputes”, all actions and proceedings arising in connection with this Agreement must be tried and litigated exclusively in the State and Federal courts located in the County of San Diego, State of California, which courts have personal jurisdiction and venue over each of the parties to this Agreement for the purpose of adjudicating all matters arising out of or related to this Agreement. Each party authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid, to its address for the giving of notices set forth in this Agreement.
The prevailing party(ies) in any litigation, arbitration, insolvency or other proceeding (“Proceeding”) relating to the enforcement or interpretation of this Agreement may recover from the unsuccessful party(ies) all costs, expenses, and attorney’s fees (including expert witness and other consultants’ fees and costs) relating to or arising out of (a) the Proceeding (whether or not the Proceeding proceeds to judgment), and (b) any post-judgment or post-award proceeding including, without limitation, one to enforce or collect any judgment or award resulting from the Proceeding. All such judgments and awards shall contain a specific provision for the recovery of all such subsequently incurred costs, expenses, and attorney’s fees.
You agree that any notices we may send to you may be sent at the address specified in your account registration. All notices, requests, demands and other communications hereunder shall be deemed to have been duly given if delivered, telecopied, electronically mailed, or mailed by first class mail, postage prepaid to such address. For notices to us, please contact the following:
EXHIBIT A: Fee Schedule
For Providers: There are no Fees for Providers to access the Platform and create a profile for job seeking and similar purposes as outlined in this agreement.
For Employers: Access Plan(s) offered include the following:
Effective Date: September 1st, 2018
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