Welcome to Hygiene Staffing! The Hygiene Staffing website and services are provided by Hygiene Staffing, LLC. (“Hygiene Staffing”). These terms of service (“Terms of Service”) govern your access to and use of the services and features available on Hygiene Staffing’s website located at www. hygienestaffing.com and all related sub-domains, mobile versions, tools, and services or through downloadable applications that Hygiene Staffing makes available to you (“Website”), including without limitation Hygiene Staffing’s platform for connecting professional offices and professionals (collectively, “Services”). These Terms of Service incorporate by reference our Privacy Policy as referenced in the Website from time to time. Access to the Website, use of Services, and referrals to Offices or Professionals are subject to these Terms of Service and the Hygiene Staffing Privacy Policy available on the Website.
Hygiene Staffing is a matching service to enable connections between professional offices seeking temporary service providers (“Offices”) to provide requests for temporary services on a part-time or full-time basis (each, an “Assignment”) to individuals with a professional degree or professional background, including without limitation dentists, doctors, dental assistants, physician assistants, medical secretaries and other, similarly qualified individuals (“Professionals”), as specified by Hygiene Staffing from time to time. Professionals make available their professional skills to fulfill Offices’ Assignment requests in exchange for compensation agreed upon by Professionals and Offices, as discussed in more detail below. Offices and Professionals together are collectively referred to as “Users” and each individually as a “User.” You are agreeing to these Terms of Service as either an Office or a Professional and, in either case, as a User.
Each User may receive ratings from other Users based on the Assignment completed hereunder, based on parameters specific to their role as either a Professional or an Office, as further specified in Section 11. Hygiene Staffing provides Offices with information about available Professionals to help Offices select Professionals and provides Professionals with information about Offices seeking help from Professionals to help Professionals decide whether to accept Assignments at Offices. An Office may make a decision based on any legally permissible criteria, including without limitation cost, distance, skill level, job history, Ratings (as defined below) from other Offices, any other information listed in the Professional’s Profile (as defined below), or previously completed Assignments on Hygiene Staffing. A Professional may accept an offer for Assignment based on any legally permissible criteria, including without limitation immediacy, rate for the Assignment, distance, Ratings from other Professionals, or any other information listed in the applicable Office’s Profile (as defined below)
Hygiene Staffing is a marketplace for Offices and Professionals to connect. Hygiene Staffing does not employ or retain Professionals and Hygiene Staffing does not provide professional services to Offices other than the marketplace Services set forth herein. The Office is the party that contracts with the Professional to complete an Assignment, which may be scheduled through the Website. Hygiene Staffing provides a platform for making introductions and placement for Assignments between offices and professionals. Hygiene Staffing has no liability to any User with regard to the quality of the Professionals or whether any Office offers suitable Assignments for any Professional.
These Terms of Service are effective as of February 1, 2014 (“Effective Date”). Your continued use of the Website after the Effective Date confirms your unconditional agreement to the Terms of Service and Hygiene Staffing’s Privacy Policy regarding the Services provided by Hygiene Staffing and use of the Website. Hygiene Staffing reserves the right to update or modify these Terms of Service at any time by providing notice on the Website, and your use of this Website following any such change constitutes your agreement to the revised Terms of Service fro m and after that date. An Office and a Professional are responsible for separately agreeing to the terms of the Assignment to be provided by a Professional.
Hygiene Staffing maintains the Website as a service to its visitors, subject to these Terms of Service. You are responsible for obtaining any equipment and Internet service necessary to access the Website and for paying any fees for the equipment and services you select. Hygiene Staffing may alter, suspend or discontinue this Website or the Services provided herein, in whole or in part, at any time and for any reason, without providing notice to you. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons including, without limitation, poor cellular network coverage or cellular network failure. Hygiene Staffing may provide access to third party services and products, or to Hygiene Staffing’s products or services, from time to time, through the Website. You acknowledge that the Website is evolving and that the form and nature of the Website, including the Services accessible via the Website, may change from time to time without notice to you.
Personally Identifiable Information
You may use this Website as a member of the general public that is not an Office or a Professional without volunteering personally identifiable information. If you are an Office or a Professional, You are required to release personally identifiable information in order to register with Hygiene Staffing and to contract with other Users for Assignments. The information that you must disclose in order to register may include, without limitation, your name and address, e-mail address, telephone number, social security number, recent photographs, geographical location, and payment information, and such other information as determined by Hygiene Staffing from time to time such as your professional licensure and the results of any background check (“User Information”), which will be stored under your [“Account(s)” (or “Profile(s)”)] page.
Login Credentials
Login credentials will be provided by Hygiene Staffing (“Login Credentials”) based on the type of access applicable to your use of the Website (namely, whether you are utilizing our Services as an Office or a Professional). If you are the first User from an Office, Hygiene Staffing will provide you with Login Credentials for an administrator (an “Administrator”), and the Administrator may allow other Users from the same Office to create sub-accounts with additional Login Credentials representing that Office. In the event that another individual has signed up to be an Administrator for your Office erroneously or that you have any issue with the then-current Administrator account or Login Credentials, please contact Hygiene Staffing at [hygienestaffingllc@gmail.com].
You agree that you are solely responsible for protecting your Login Credentials from unauthorized use, maintaining the confidentiality of your Account and password, and you agree to accept responsibility for all activities that occur under your Login Credentials. You agree to notify Hygiene Staffing immediately if you believe that any of your Login Credentials has been or may be used without your permission so that appropriate action may be taken. You may not (i) create more than one account to access the Website, (ii) share your Login Credentials with any third party, or (iii) transfer your account to any third party.
Hygiene Staffing is not responsible for any loss or damage caused by, or expense incurred by, you as a result of your failure to safeguard your Login Credentials. You agree that you shall not rent, resell, or remarket the Services or provide access to the Website to any third party. Hygiene Staffing reserves the right to delist any Assignment from the Website, at any time and in Hygiene Staffing’s sole discretion. Hygiene Staffing may terminate your Account at any time at Hygiene Staffing’s sole discretion and with no liability to you. For example, Hygiene Staffing may terminate your Account if you violate these Terms of Service or Hygiene Staffing’s policies, or otherwise harm Hygiene Staffing’s business interests. You may not be entitled to create a new Account to access the Website if Hygiene Staffing has terminated your prior Login Credentials. Hygiene Staffing may also prohibit certain Users from re-registering with the Website, at Hygiene Staffing’s sole discretion.
Privacy; Rights in Your Data
You hereby represent and warrant to Hygiene Staffing that (i) any User Information or other information relating to soliciting, offering, providing, or completing Assignments, as submitted to Hygiene Staffing or the Website, including without limitation User Information, is true and correct and (ii) you have the right to provide any and all of the User Information or other information listed in your Profile and to provide access to information acquired through your Background Check (as defined below) (collectively, “Your Information”) for the purposes of these Terms of Service. You hereby grant to Hygiene Staffing a perpetual, irrevocable, royalty-free, worldwide right and license to copy, display, make derivative works of and otherwise use Your Information for any purpose, subject in all respects to Hygiene Staffing’s Privacy Policy. If you object to Your Information being used in a manner permitted by these Terms of Service or the Privacy Policy, please do not use the Website or our Services. Upon termination of your Login Credentials for any reason, you may no longer have access to any of Your Information that you provided to the Website.
Background Checks
Hygiene Staffing has the right, but not the obligation, to verify whether the User Information on a Professional’s Profile is accurate, including without limitation your name and address, e-mail address, telephone number, photographs, geographical location, billing information, your degree-granting program(s) and year(s) of graduation, any Assignment experience, any other of your qualifications, as well as the right, but not the obligation, to conduct a credit check and criminal background check (collectively, “Background Checks”). Professional agrees that Hygiene Staffing may conduct the Background Check when a Professional first registers with Hygiene Staffing or from time to time thereafter as long as Professional maintains an account with Hygiene Staffing, without the need for further authorization.
Usage by Minors
Hygiene Staffing’s Services are available only to and may only be used by individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use its Services only in conjunction with and under the supervision of a parent or legal guardian. In such a case, the adult is the User and is responsible for any and all activities of the minor.
Non-Performance or Incomplete Performance of Assignments
In the event that a Professional does not perform an Assignment at all or does not perform an Assignment in its entirety and in either case has not provided sufficient advance notice of non-performance or incomplete performance as agreed to by Professional and the affected Office or reasonable notice in the absence of such an agreement, the affected Office may notify Hygiene Staffing. Hygiene Staffing may include information on such non-performance or incomplete performance of Assignments in Ratings for Professionals. Hygiene Staffing reserves the right to institute other sanctions from time to time, and may, in Hygiene Staffing’s sole discretion, terminate the account of any Professional that repeatedly does not perform Assignments or does not completely perform Assignments that Professional has agreed to perform without providing sufficient advance notice. For the avoidance of doubt, any information on non-performance or incomplete performance of Assignment in Ratings for Professionals shall be construed as an evaluation of Professional by the relevant Office and not by Hygiene Staffing.
In the event that an Office cancels an Assignment and has not provided sufficient advance notice as agreed to by Office and the affected Professional(s) or reasonable notice in the absence of such an agreement, the affected Professional(s) may notify Hygiene Staffing. Hygiene Staffing may include information on such cancellation of Assignments in its Ratings for Offices. Hygiene Staffing reserves the right to institute other sanctions from time to time, and may, in Hygiene Staffing’s sole discretion, terminate the account of any Office that repeatedly cancels Assignments that Office has requested without providing sufficient advance notice.
Transactions and Our Fees
An Office may submit a request for particular Assignment to Hygiene Staffing, free of charge, through the Website together with a range of hourly rates that are acceptable to the Office (“Request for Assignment” or “Request”). When Hygiene Staffing receives a Request from an Office, Hygiene Staffing shall search for registered Professionals to find a suitable match based on the type of Assignment requested, as well as hourly rates, availability and expertise. Office may view a portion or all of the Profile, as determined by Hygiene Staffing, of potential Professionals and request access to each Professional’s Ratings, User Information, and Background Check information, excluding credit checks, without additional charge to Office. Similarly, Professionals may view the Profiles of potential Offices for which they may perform Assignment, along with the Office’s Ratings and User Information, without charge. THE RELEASE OF A PROFESSIONAL’S BACKGROUND CHECK INFORMATION REQUIRES THE EXPRESS WRITTEN OR ELECTRONIC CONSENT OF THE PROFESSIONAL WHOSE INFORMATION IS BEING RELEASED. OFFICE SHALL NOT RELEASE SUCH BACKGROUND CHECK INFORMATION WITHOUT SUCH CONSENT.
A Professional will be automatically hired if they apply to your job and meet all of the following conditions: (1) 4+ star rating (average rating of all jobs with 5 being the highest possible rating); applied within your rate range (this is the range you set when posting the job); more than 2 years of dental experience.
When an Office submits a Request for Assignment, Office authorizes Hygiene Staffing, or a payment processing or payroll company which Hygiene Staffing has approved in writing (the “Approved Payment Provider”), to charge a credit card, ACH or such other payment method as may be accepted by Hygiene Staffing from time to time for a deposit (“Deposit”) in an amount equal to the sum of the following: (i) the wages or other fees anticipated to be paid to the Professional (calculated as the number of hours of Assignment Office has requested multiplied by the hourly rate which Office has agreed to pay) (“Professional Fees”) and (ii) Hygiene Staffing’s anticipated commission (calculated as a percentage of the Professional Fees) (“Commission”). Following completion of the Assignment, Office shall pay the Approved Payment Provider both the Professional Fees and Hygiene Staffing’s Commission. Hygiene Staffing’s Commission is a payment for the Services provided by Hygiene Staffing, over and above any wages or fees due from Office to Professional for work performed by Professional. Office agrees that its sole recourse for any incorrect or unauthorized transfer of all or any portion of the Deposit from Approved Payment Provider shall be against Approved Payment Provider or Professional, and Office agrees to release and hold harmless Hygiene Staffing from any claim related to such transfer to Professional. Professional agrees that Professional’s sole recourse for Approved Payment Provider’s refusal to transfer any portion of the Professional Fees to Professional shall be to obtain a written instruction from the Office or an order from a court of competent jurisdiction instructing Approved Payment Provider to transfer such funds to Professional.
An Office’s failure to make the a complete and timely Deposit, or to otherwise pay any required Commission, Professional Fees or other amounts due, shall constitute a material breach of these Terms of Service.
Hygiene Staffing shall arrange for each Professional to be paid the Professional Fees agreed to by Professional and an Office, as set forth on a timesheet submitted by Professional and approved by Office within seven (7) calendar days of completion of the Assignment. Office agrees that if Office does not review and approve the timesheet submitted by the Professional within 48 hours of its submission, Hygiene Staffing or its Approved Payment Provider may automatically transfer the Professional Fees to Professional and Commission to Hygiene Staffing according to the Professional’s input of time worked. Notwithstanding the foregoing, Professional acknowledges that if an Office fails to meet its financial obligations to Hygiene Staffing for work performed by Professional, Hygiene Staffing reserves the right to cancel the Assignment. Further, under no circumstances will Hygiene Staffing be obligated to pay or arrange for payment of Professional Fees unless Hygiene Staffing has received payment from the Office. Professionals shall not be entitled to any Professional Fees for any Assignment which is scheduled but where no work is performed by Professional; however, Hygiene Staffing will use commercially reasonable efforts to collect from the Office any amounts due to Professionals for up to thirty (30) days.
Hygiene Staffing is a communications platform for enabling connections between Offices seeking Professionals for the completion of short-term Assignments and Professionals seeking Offices at which to complete short-term Assignments. Upon receiving an Office Request for Assignment through the Website, Hygiene Staffing will use good faith efforts to match Offices to Professionals based on the nature of the Assignment, qualifications, hourly rates and geographic proximity to the Assignment. Hygiene Staffing disclaims any responsibility for selecting particular Professionals to perform Assignments and Office understands and agrees that the decision to use any Professional or no Professional is solely Office’s. Hygiene Staffing disclaims all responsibility for the accuracy of any information listed in a Professional’s Profile, for any information or material circumstances that may have changed since Hygiene Staffing conducted Background Checks in the event that Hygiene Staffing did so, for the inaccuracy or incompleteness of any Background Checks that Hygiene Staffing conducts, for Hygiene Staffing’s failure to conduct Background Checks, and for any Profile information upon which Hygiene Staffing may rely in matching Offices to Professionals. Office agrees and acknowledges that Office has no obligation to choose Professionals to perform Assignments, and that Office’s decision to contract with a Professional is solely at Office’s own risk.
Except to the extent, if any, that Hygiene Staffing serves as a communications platform between Offices and Professionals, that Hygiene Staffing suggests potential Professionals to Offices for the performance of Assignments, and that Hygiene Staffing provides information about hourly rates, Hygiene Staffing does not take part in the interaction between Offices and Professionals. Hygiene Staffing does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any Assignments delivered by Professionals, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. Hygiene Staffing makes no representations about the suitability, reliability, timeliness, or accuracy of the Assignments requested and provided by Users identified through Hygiene Staffing whether in public, private or offline interactions. Hygiene Staffing cannot confirm that Users are who they claim to be. Hygiene Staffing does not assume any responsibility for the accuracy or reliability of this information or any information exchanged between Users through Hygiene Staffing.
WHILE HYGIENE STAFFING USES GOOD FAITH EFFORTS TO CONFIRM THAT EACH PROFESSIONAL ON HYGIENE STAFFING’S WEBSITE IS A LEGITIMATE PROFESSIONAL WITH THE QUALIFICATIONS SPECIFIED BY SUCH PROFESSIONAL AND THAT EACH OFFICE HAS A GENUINE NEED FOR THE ASSIGNMENTS SUCH OFFICE REQUESTS, HYGIENE STAFFING IS NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING THE TRUSTWORTHINESS OF PROFESSIONALS OR OFFICES AND THE INFORMATION THEY PROVIDE VIA HYGIENE STAFFING’S WEBSITE. WHEN INTERACTING WITH OTHER USERS YOU SHOULD EXERCISE CAUTION AND COMMON SENSE TO PROTECT YOUR PROPERTY AND WORK ENVIRONMENT, JUST AS YOU WOULD WHEN INTERACTING WITH OTHER PERSONS WHOM YOU DO NOT KNOW. NONE OF HYGIENE STAFFING, HYGIENE STAFFING’S AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF HYGIENE STAFFING’S SERVICES. HYGIENE STAFFING, HYGIENE STAFFING’S AFFILIATES AND HYGIENE STAFFING’S LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES.
Using the Website, Professional may request information on the average hourly rate for the Assignments that Professional is offering, based on characteristics of Assignments as determined by Hygiene Staffing from time to time. Likewise, Office may request information on the average hourly rate for the Assignments that Office requesting, based on characteristics of Assignments as determined by Hygiene Staffing from time to time. ANY INFORMATION ON AVERAGE HOURLY RATES FROM HYGIENE STAFFING IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, AND HYGIENE STAFFING DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND ACCURACY.
You agree and acknowledge that the Website and Services, including without limitation all of the content on this Website, including without limitation the images, graphics, information, text, Ratings, data, links, as well as the underlying software, network and systems that support this Website and Services and other material accessible through the Website or Services (“Content”) is solely and exclusively owned by or under license to Hygiene Staffing and is protected by applicable trademark, copyright, or other rights. As such, you agree that you shall not (1) create or operate any platform, site or business that is based in whole or in part on this Website or the Services, (2) copy, reproduce, modify, create derivative works, publish, distribute, transmit, publicly display or post on any other website or to any third party any Content without the prior written consent of Hygiene Staffing on a case by case basis, or (3) reverse engineer, decompile, disassemble, modify, distribute, reproduce, republish or sell in any form or by any means, in whole or in part, any of the Content, (4) use a spider, web crawler or similar method to copy or extract Content. Subject to your compliance with these Terms of Service, Hygiene Staffing hereby grants to you a non-transferable, non-sublicensable, non-exclusive, revocable, and limited right to access and use the Website and its Content solely for your internal business purposes as an Office or personal use as a Professional.
The Content may contain typographical errors, other inadvertent errors, or inaccuracies. Hygiene Staffing reserves the right to make changes to document names and substance, descriptions or specification, or other information, without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available on this Website or through the Services, subject to the following conditions:
You may only use the Content for internal informational purposes in compliance with all laws and regulations that apply to you. You may not reproduce or transmit any part of this Website or its Content in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
You may not modify, alter, or prepare derivative Assignments based on the Content, or distribute copies of or publicly perform or display the Content, including without limitation by posting the Content on any network computer or distributing the Content on or in any media.
You may not remove copyright, trademark, and other proprietary notices from the Content.
Nothing contained within this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, except: (a) as expressly permitted by these Terms of Service; or (b) with Hygiene Staffing’s prior written permission or the permission of the third party that owns the trademark or copyright of the Content displayed on this Website
Content Ownership and License
Hygiene Staffing does not claim ownership of any Content submitted by Users. By submitting such Content, however, you hereby grant Hygiene Staffing a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, publicly perform and/or display such Content, subject to the restrictions set forth in these Terms of Service or the Privacy Policy. This license shall remain in effect until Hygiene Staffing deletes the Content from Hygiene Staffing’s systems.
Copyright Infringement; Notice and Take Down Procedures
If you believe that any Content on this Website infringes your copyright, you may request that such Content be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information:
identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work;
identification of the Content that you believe to be infringing and its location, including a description of the Content, and its Website location or other pertinent information that will help Hygiene Staffing to locate such Content;
your name, address, telephone number and email address;
a statement that you have a good faith belief that the complained of use of the material is not authorized by the copyright owner, its agent, or the law;
a statement that the information in your claim is accurate; and
a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf.
Hygiene Staffing’s agent for copyright issues relating to this Website is: c/o Hygiene Staffing LLC. In an effort to protect the rights of copyright owners, Hygiene Staffing maintains a policy for the termination, in appropriate circumstances, of Users of this Website who are repeat infringers.
Hygiene Staffing reserves the right to terminate and/or temporarily disable the accounts of Users who repeatedly infringe the intellectual property rights, including without limitation copyrights, of others.
No Interference with The Website
You shall not disturb or interfere with the operation of the Website in any manner including without limitation by imposing an unreasonable or disproportionate burden on the network, software or hardware infrastructure of the Website.
No Manipulation
You are prohibited from manipulating, by any means, the price of any Services offered on the Website (including without limitation through the use of an alias or decoys or by placing false offers for the sale or purchase of Assignments). Furthermore, you shall not disrupt or otherwise interfere in any way with another User’s participation on the Website.
No Unauthorized Conduct
In connection with your accessing the Website, Services, or Hygiene Staffing’s online messaging service, Rating system, or any other Service provided through the Website, you shall abide by the following standards of conduct. You shall not, and will not authorize or facilitate any attempt by another person, to use the Website or any messaging service, Ratings system or other Service to:
Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Hygiene Staffing;
Circumvent or manipulate Hygiene Staffing’s fee structure, the billing process, or fees owed to Hygiene Staffing or to the Professional;
Manipulate the price of any Assignment or interfere with other Users’ Assignments;
Use a name or language that Hygiene Staffing, in its sole discretion, deems offensive;
Post false, inaccurate, misleading, defamatory, or libelous content (including without limitation personal information);
Post hateful or racially or ethnically objectionable Content;
Post Content which infringes another’s copyright, trademark or trade secret;
Post unsolicited advertising or unlawfully promote products or services;
Take any action that may undermine the Ratings system (such as displaying, importing or exporting Ratings information off of the Website or using it for purposes unrelated to Hygiene Staffing);
Harass, threaten or intentionally embarrass or cause distress to another User or entity;
Impersonate another User;
Exploit children under 18 years of age;
Engage in disruptive activity such as sending multiple messages in an effort to monopolize a messaging forum;
Introduce viruses, worms, Trojan horses and/or harmful code into the Website;
Obtain unauthorized access to any computer system or Confidential Information through the Website;
Transfer your Hygiene Staffing Profile (including Ratings) and Login Credentials to another party without Hygiene Staffing’s consent;
Harvest or otherwise collect information about Users, including email addresses, without their consent;
Invade the privacy of any person, including without limitation posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 18 years of age);
Solicit personal information from children under 18 years of age;
Violate any federal, state, local, or international law or regulation; or
Encourage conduct that would constitute a criminal or civil offense.
You shall not use or disclose any proprietary or confidential information with which you obtain or otherwise gain access to as a result of your access to or usage of the Website or Services. All information regarding an Assignment between the Professional and an Office who sent such Assignment, whether or not in writing, of a private, secret or confidential nature concerning the Office’s business or financial affairs (collectively, “Proprietary Information”) is and shall be the exclusive property of Office. By way of illustration, but not limitation, Proprietary Information may include the contents of an Assignment, products, product improvements, product enhancements, processes, methods, techniques, negotiation strategies and positions, projects, developments, plans (including business and marketing plans), research data, financial data (including sales costs, profits, pricing methods), personnel data, computer programs (including software used pursuant to a license agreement), customer, prospect and supplier lists, and contacts at or knowledge of customers or prospective customers of the Office, and patient medical or dental records and you will not disclose any Proprietary Information to any person or entity other than the applicable Office or use the same for any purposes (other than in the performance of your duties as stipulated in the Assignment) without written approval by an officer of Office, unless and until such Proprietary Information has become public knowledge without your fault. While fulfilling the obligations of an Assignment for the Office, a Professional will use his/her best efforts to prevent unauthorized publication or disclosure of any of the Office’s Proprietary Information. Professional agrees that all files, documents, letters, memoranda, reports, records, data, sketches, drawings, models, program listings, computer equipment or devices, computer programs or other written, photographic, or other tangible or intangible material containing Proprietary Information, whether created by Professional or others, which shall come into his/her custody or possession, shall be and are the exclusive property of Office to be used by Professional only in the performance of his/her duties for the Office and shall not be copied or removed from Office’s premises except in the pursuit of the business of Office as required to perform an Assignment.
Professional agrees that the only communication with the Office’s customers or patients is to schedule and confirm appointments (if requested in the Assignment) and to perform the Assignment. Professionals are prohibited from directly or indirectly contacting such customers or patients after the completion of the Assignment and shall not circumvent the Office or Hygiene Staffing in any way. For example, Professionals may not provide business cards, flyers, website addresses or other contact information to any customer or patient of Office.
Hygiene Staffing may require you to agree to an additional non-disclosure agreement prior to sharing certain other information with you. Any such non-disclosure agreement between you and Hygiene Staffing shall apply to information shared in connection with the Website or Services, unless otherwise provided in such non-disclosure agreement.
Hygiene Staffing as Independent Contractor
In any matter relating to Services among Office or Professional and Hygiene Staffing, Hygiene Staffing will be acting as an independent contractor to Hygiene Staffing’s Users and nothing in these Terms of Service will be construed as creating a partnership, joint venture, or employer-employee relationship, nor will Hygiene Staffing be construed as Office or Professional’s employee, employer, agent, franchisee, franchisor, or servant.
Professional as Independent Contractor
Unless covered by the Addendum for Professionals (the “Addendum”), User agrees and acknowledges that any transaction into which such User enters through the Services for the receipt or delivery of Assignment will create an independent contractor relationship between such User, Hygiene Staffing and the other User(s) party to such agreement. User agrees that, unless otherwise provided in an Addendum, in any matter relating to Professional’s performance under these Terms of Service, including the Professional’s obligations with respect to Hygiene Staffing and any Offices for whom the Professional completes Assignments or offers to complete Assignments, the Professional will be acting as an independent contractor, and nothing in these Terms of Service will be construed as creating a partnership, joint venture, or employer-employee relationship, nor will Professional be construed as Hygiene Staffing’s or an Office’s employee, agent, franchisee or servant. Professional will perform Assignments according to a manner and means of Professional’s own choosing, or as agreed upon between Professional and Office. Office will, at its sole expense, provide any tools or other equipment required to perform the applicable Assignment. Each Professional and Office shall maintain a valid insurance policy commensurate with industry standards, to remain in effect during and through the time that such party acts as an independent contractor with regard to other Users under these Terms of Service. Hygiene Staffing disclaims any responsibility for determining whether a Professional is an independent contractor or employee of Office, and in the event that such a dispute arises between Office and Professional, Office and Professional are responsible for determining the status of Professional under applicable law or regulation.
Professional-Specific Representations
If and to the extent that you use the Website as a Professional:
Unless covered by the Addendum, you acknowledge and agree that in any matter relating to your performance under these Terms of Service, including without limitation your obligations with respect to Hygiene Staffing and any Offices for whom you perform Assignments or offer to perform Assignments, you will be acting as an independent contractor, and not as Hygiene Staffing’s or an Office’s employee, agent, franchisee or servant. Accordingly, you will be solely responsible for all costs incurred by you. You shall not hold yourself out as having authority to make contracts or promises on behalf of any other party.
You represent and warrant that, for each Assignment that you offer to complete for an Office, you have the right to make such an offer and you are capable of performing and fit for performing the Assignment you also represent and warrant that your offer to complete or performance of any Assignment does not conflict with any agreements you have with third parties;
You represent and warrant that you have all necessary licenses, professional experience and legal qualifications to perform the Assignments and agree to maintain through the duration of any Assignment a valid insurance policy commensurate with industry standards;
You represent and warrant that you will keep all information related to your Assignment, including without limitation any offers to complete Assignments, up-to-date on the Website by notifying Hygiene Staffing of any changes that would affect the accuracy of such information;
Unless covered by the Addendum, you represent and warrant that you will identify yourself as an independent contractor of each Office with which you perform Assignments;
Unless covered by the Addendum, you represent and warrant that any tax documents that you file or otherwise submit with regard to Assignments shall be consistent with being an independent contractor of each Office with which you perform Assignments;
You represent and warrant that you will comply with the Health Information Portability and Accountability Act and all applicable associated rules and regulations, as may be amended from time to time, as well as all other applicable laws, rules and regulations;
You hereby grant to Hygiene Staffing and its Users the right to distribute Your Information to Offices with which you may complete Assignments, without restriction, and that Your Information may be widely disseminated and viewed by large numbers of people;
You acknowledge and agree that Hygiene Staffing may display advertisements on the Website or in connection with your Profile without any payment obligation to you;
You acknowledge and agree that any relationship you enter into with an Office or with Hygiene Staffing will be short-term and will be limited to the extent needed to complete the applicable Assignment. You further acknowledge and agree that Hygiene Staffing disclaims all responsibility for providing you with any specific volume of Assignments as a result of a contract that you may enter into with any party;
You agree to honor the commitment you make to Offices via the Website;
You further acknowledge and agree that you will comply with all applicable state, federal, and international laws in performing Assignments;
Unless covered by the Addendum, you agree and acknowledge that you are solely responsible for providing your own workers’ compensation insurance coverage and you have no expectation of coverage under the Office’s coverage; and
You confirm that, if performing an Assignment in the United States, you are aware of, have agreed to, and shall be covered by the terms of the Addendum.
Office-Specific Representations
If and to the extent you use the Website as an Office:
You agree to honor the commitments you make to Professionals via the Website;
You represent and warrant to Hygiene Staffing that you are allowed to make purchasing decisions on behalf of yourself or for the person or entity you represent, and that you will only request Assignments and place orders for Assignments that you have been authorized to request by such person or entity;
You covenant to Hygiene Staffing and to any Professional who performs Assignments for you that you will comply with the Health Information Portability and Accountability Act and all applicable associated rules and regulations, as may be amended from time to time, as well as all other applicable laws, rules and regulations;
You represent and warrant to Hygiene Staffing, and to any Professional who provides you with Assignments, that any agreements to provide Assignments do not conflict with any agreements you have with third parties and you further covenant that any agreements for you to retain Professional to perform Assignments will not conflict with any agreements you have with third parties;
You acknowledge and agree that Hygiene Staffing may display advertisements on the Website or in connection with Your Profile without any payment obligation to you;
You acknowledge and agree that Hygiene Staffing disclaims all responsibility for providing You with any specific volume of Professionals to handle Assignments that you post to our Website;
You further acknowledge and agree that you will comply with all applicable state, federal, and international laws, and assume all responsibility for making payments related to social security, unemployment insurance, disability insurance, or worker’s compensation insurance;
If you connect with a Professional through Hygiene Staffing, all temporary Assignments with that Professional must be booked through Hygiene Staffing. Any Assignment less than 90 days in duration is considered a temporary Assignment. Once you have worked with a Professional for 90 days through Hygiene Staffing, you may hire that Professional permanently without paying a finder’s fee to Hygiene Staffing. If you hire the Professional permanently prior to having worked with that Professional for 90 days through Hygiene Staffing, you must pay Hygiene Staffing a finder’s fee;
You agree that with respect to any Professional who applies to an Assignment that you have posted, for a period of twelve (12) months from such application or from the end of such Professional’s work Assignment (if hired), whichever is later, you will not solicit or accept work from that Professional outside of Hygiene Staffing. You further agree that if you do hire such Professional without a valid work Assignment through Hygiene Staffing in violation of this prohibition, you will affirmatively notify Hygiene Staffing and pay a penalty/finder’s fee to Hygiene Staffing.
You agree to timely payment of all Hygiene Staffing fees.
You agree to automatically select a Professional who satisfies the Assignment’s requirements, as set forth in Section 5, above.
You confirm that, if engaging a Professional to perform an Assignment in the United States, you are aware of, have agreed to, and shall be covered by the terms of the Addendum.
You agree to certify that the Office is in compliance with (a) personal protective equipment (PPE) protocols set by CDC and (b) OSHAs respiratory standard 1910.134 where respirators are required to be worn during aerosol generating procedures and when providing any care to a suspected and/or COVID-19 positive patient.
Cancellation Policy
You will be charged a $75 cancellation fee if you agree to engage a Professional and then cancel the Assignment after 24 hours from the hiring of the said professional. You will be charged a minimum of 4 hours if the Office terminates an Assignment for any reason on the same day as the Assignment is scheduled.
Ratings
As a User of the Website, you agree and acknowledge that you may rate (on the Website) the performance of other Users with whom you transact business, and that other Users may rate your performance (collectively or individually, “Ratings”). Professionals may be rated on various parameters such as the quality of the Assignment performed, timeliness and professionalism. Offices may be rated on various parameters such as payment history and professionalism. Hygiene Staffing will not release Ratings for the viewing of the general public or for any Users that have not registered with the Website. Users can access Ratings only if and when Hygiene Staffing provides access in connection with the User’s consideration of whether to transact business with another User.
Any Ratings that are provided by Users are solely the evaluation or rating of such User. Hygiene Staffing disclaims any responsibility for the accuracy or quality of any Ratings.
User acknowledges and agrees that Hygiene Staffing reserves the right, without prior notice and in its sole discretion, to decide whether the content of Ratings violate these Terms of Service for any reason. If Hygiene Staffing determines that a Rating contains inappropriate content, Hygiene Staffing may remove the Rating, in whole or in part, and/or terminate the offending party’s access to Hygiene Staffing’s Services. If the content of such Ratings are found to be defamatory or legally actionable in a court of law, the User(s) responsible for posting such content will be held exclusively responsible, and Hygiene Staffing will bear no responsibility.
Online Messaging System
Hygiene Staffing may offer an online messaging system, as determined by Hygiene Staffing from time to time. Users shall use such messaging system as permitted herein.
No Responsibility for Ratings or other User Content
Hygiene Staffing is not responsible or liable for the conduct of Users or for views, opinions and statements expressed in Content submitted for public display through its Website, such as through an online messaging system, or for Content that is privately displayed to registrants of the Website, such as Ratings of Offices and Professionals. Hygiene Staffing does not prescreen information exchanged in online messaging systems or listed in Office and Professional Ratings. With respect to such messaging systems and Ratings systems, Hygiene Staffing acts as a conduit for distribution and Hygiene Staffing is not responsible for the Content contained therein. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by Users of an online messaging system or Ratings system are those of the respective author(s) or distributor(s) and not of Hygiene Staffing. Hygiene Staffing neither endorses nor guarantees the accuracy, completeness, or usefulness of any such Content. Hygiene Staffing is not responsible for ensuring that Content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. Each User shall be solely liable for any damages resulting from infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from the User’s uploading, posting or submission of Content to this Website.
Monitoring
Hygiene Staffing has the right, but not the obligation, to monitor Content submitted to the Website through an online messaging or Rating system to assess compliance with these Terms of Service and any other applicable rules that Hygiene Staffing may establish.
Consent to Electronic Communications
You consent to receiving all documents, agreements and other communications (collectively, “Communications”) from Hygiene Staffing electronically. Hygiene Staffing may make Communications available via its methods for contacting you on the Website or through an email address that you provide to Hygiene Staffing. Communications may include without limitation information on offers for Assignments or acceptance of offers for Assignments, updates to Hygiene Staffing’s Terms of Service or Privacy Policy, statements related to your account, federal and state tax statements, and other information that Hygiene Staffing may provide from time to time. To receive such Communications, you may need certain hardware and software, as specified by Hygiene Staffing from time to time. If you would like to receive a written copy of Communications, you acknowledge that there may be a delay in providing it to; you. you must have provided Hygiene Staffing with an accurate physical address; and you agree to pay the reasonable fees assessed by Hygiene Staffing for delivering you such Communications to a physical address specified by you.
If your email address becomes invalid or electronic Communications are otherwise returned to Hygiene Staffing, Hygiene Staffing reserves the right to terminate your account.
Hygiene Staffing is only a venue for connecting Offices that require short-term Assignments with Professionals who can provide such Assignments. You are solely responsible for understanding and evaluating any tax liability related to the request or delivery of Assignments through the Website, and for determining the need to report any Assignments pursuant to the requirements of local, state, or federal law. Hygiene Staffing cannot and does not offer tax advice to Users nor does Hygiene Staffing provide any tax documentation to Users; Hygiene Staffing recommends that you consult with a tax advisor for such advice and documentation. You are solely responsible for any taxes arising from your use of the Website, any Content contained therein, and for the Services that you request or perform therein, excluding Hygiene Staffing’s income.
Professionals who are U.S. citizens or other U.S. persons (as defined in IRS Form W-4) are required to provide a completed IRS Form W-4, to be updated annually, or upon any change in the Professional’s tax status and/or change in the Professional’s name or TIN. Other Users are required to provide the data necessary to complete the necessary tax reporting forms, to be updated annually, or upon any change in the Users’ tax status and are required to complete IRS Form W-8. Neither Approved Payment Provider nor Hygiene Staffing are required to make any payments to a Professional who has not provided the foregoing information.
Office and Professional shall be responsible for creating and filing any tax documents.
Users exclusively and solely agree to comply with applicable state, federal, and international laws, and to assume all responsibility for making payments related to any state or federal, income taxes, payroll and withholding taxes, social security taxes, unemployment insurance taxes, Medicare taxes, disability insurance or taxes, or worker’s compensation insurance or taxes. Hygiene Staffing disclaims any responsibility for the foregoing, and Professional and Office each agree to indemnify and hold Hygiene Staffing harmless against such taxes or contributions. As used herein “taxes” shall mean all taxes, charges, fees, encumbrances, liens, customs, duties or other assessments, however denominated, including any interest, penalties, additions to tax or additional taxes that may become payable in respect thereof, imposed by the United States government, any state, local or foreign government, or any agency or political subdivision of any such government.
Before a Professional commences an Assignment, Hygiene Staffing will provide or will have the Office provide to Professional information about the Assignment, including (a) the pay rate and pay date for the Assignment, (b) the start date for the Assignment and estimated duration of the Assignment, (c) whether there is a strike or lockout, (d) whether meals or transportation will be provided by the Office, and (e) the name, address, and phone number of the Office. Unless otherwise specified by Hygiene Staffing, Hygiene Staffing hereby notifies each Professional that all Assignments provided through the Website require special clothing, tools, licenses and training.
The Website is only a venue for connecting Users, and except to the extent, if any, that Hygiene Staffing serves as a communications platform between Users, connects potential Professionals and Offices for the performance of Assignment, Hygiene Staffing does not take part in the interaction between Offices and Professionals. As a result of Hygiene Staffing’s limited involvement in the actual contact between Office and Professional, in the event that you have a dispute with one or more Users, you hereby release and hold harmless Hygiene Staffing, and Hygiene Staffing’s officers, directors, agents, investors, subsidiaries, and contractors from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Hygiene Staffing expressly disclaims any liability or claims that may arise between Users of its Website.
Hygiene Staffing disclaims all responsibility for any interactions, correspondences, transactions, and other dealings that you have with any third parties including without limitation Offices or Professionals found on or through the Website (including on or via linked websites or advertisements). Any such interactions, correspondences, transactions, and other dealings are solely between you and the third party (including without limitation issues related to the content of third party advertisements, payments, delivery of Assignment or Services). Under no circumstances will Hygiene Staffing be responsible for any loss or damage caused by your reliance on information in any Content on this Website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Website. You are responsible for seeking the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other Content.
YOU ACKNOWLEDGE THAT THE WEBSITE AND ALL SERVICES, TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” AND ARE BASED IN PART ON ASSIGNMENTS, OR OFFERS FOR ASSIGNMENTS, PROVIDED BY OFFICES, AND INFORMATION ABOUT PROFESSIONALS, WHICH ARE NOT OR MAY NOT BE VERIFIED BY HYGIENE STAFFING, AND THAT ANY ASSIGNMENT ESTABLISHED THROUGH THE USE OF THE WEBSITE IS AT YOUR SOLE RISK AND DISCRETION. HYGIENE STAFFING, HYGIENE STAFFING’S SUPPLIERS AND HYGIENE STAFFING’S LICENSORS ARE NOT LIABLE OR RESPONSIBLE FOR ANY RESULT GENERATED THROUGH THE USE OF THE WEBSITE. EXCEPT AS SET FORTH IN THIS SECTION 15, HYGIENE STAFFING PROVIDES NO OTHER WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, NONE OF HYGIENE STAFFING, ITS AFFILIATES OR LICENSORS WARRANT THAT: (I) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (II) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, NONE OF HYGIENE STAFFING, ITS AFFILIATES OR LICENSORS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, QUALITY OR CONTENT OF ANY SERVICES, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICE.
None of Hygiene Staffing, Hygiene Staffing’s affiliates or Hygiene Staffing’s licensors is responsible for the conduct, whether online or offline, between Offices and Professionals.
None of Hygiene Staffing, Hygiene Staffing’s affiliates or Hygiene Staffing’s licensors guarantee that any of your personal information, including without limitation User Information provided by you, results on any Background Checks that Hygiene Staffing and its affiliates and licensors conduct on you, as well as Ratings submitted by other Users about your performance, whether accurate or not, will not be misappropriated, intercepted, deleted, destroyed, or used by others.
By using this Website or our Services, you agree to indemnify, hold harmless and, at Hygiene Staffing’s option, defend Hygiene Staffing and its officers, directors and agents from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of this Website or Services or from the performance or non-performance of any Assignments by you or any other User with whom you contract for an Assignment.
Hygiene Staffing will make commercially reasonable efforts to secure its Website from mischief, understanding, however, that Hygiene Staffing may rely on information provided to it by Users and contained in their Profiles, and that mistakes and security breaches such as hacking can nonetheless occur. User acknowledges and agrees that Hygiene Staffing will bear no liability to User for any matter or claim arising from the foregoing.
IN NO EVENT SHALL HYGIENE STAFFING BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HYGIENE STAFFING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
YOU AGREE AND ACKNOWLEDGE THAT HYGIENE STAFFING’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF SERVICE, THE WEBSITE, THE CONTENT, OR SERVICES REQUESTED OR RENDERED BETWEEN PROFESSIONAL AND OFFICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE COMMISSIONS RETAINED HEREUNDER BY HYGIENE STAFFING IN THE THEN-PRIOR THREE (3) MONTH PERIOD.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Links to Third Party Websites
This Website may contain links to non-Hygiene Staffing websites that are provided to you as a convenience. Any outside website accessed from the Website is independent from Hygiene Staffing, and Hygiene Staffing has no control over the content of such websites. Hygiene Staffing is not responsible for the content of any linked website or for any loss or damage incurred in connection with your use of such links or dealings with the operators of such non-Hygiene Staffing websites.
No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Hygiene Staffing of that third party or of any product or service provided by a third party. Likewise, a link to a non-Hygiene Staffing website does not imply that Hygiene Staffing endorses or accepts any responsibility for the content or use of such website. Hygiene Staffing does not endorse, warrant or guarantee any product or service offered by any third party through an online messaging service or link accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
Termination by Hygiene Staffing
Hygiene Staffing may terminate any User’s access to the Website, in Hygiene Staffing’s sole discretion, for any reason and at any time, with or without prior notice. It is Hygiene Staffing’s policy to terminate Users who violate these Terms of Service, as deemed appropriate in Hygiene Staffing’s sole discretion, but Hygiene Staffing may also terminate access as provided for in the preceding sentence. Hygiene Staffing may terminate your access to the Website if you do not use your Account for a lengthy period, as determined by Hygiene Staffing from time to time in its sole discretion. You agree that Hygiene Staffing is not liable to you or any third party for any termination of your access to the Website.
Termination by You
You may terminate your Account at any time by deleting your Account. If you are an Office and you delete your Account while outstanding payments are due to one or more Professionals with whom you have transacted business, you agree and acknowledge that Hygiene Staffing reserves the right to make any payments due to Professional(s). If you are a Professional that is owed money by an Office, Hygiene Staffing will make a good faith attempt to deliver any such amount to your address on record in your Profile page. Professional acknowledges that the risk that an Office with the Professional transacts business may default on payment obligations is borne by the Professional voluntarily and entirely at the Professional’s own risk. Hygiene Staffing disclaims all responsibility related to such transactions.
Reactivation
Provided that you deleted your Account or you allowed your Account to lapse by not using your Account for a sufficiently long period, you may reactivate your Account by following the process set forth by Hygiene Staffing from time to time, during a time period established by Hygiene Staffing from time to time following the deletion or deactivation of your Account. If your Account may no longer be reactivated, Hygiene Staffing may, in its discretion, permit you to create a new account.
Except if you opt-out or for disputes relating to your or Hygiene Staffing’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents) as expressly provided in this Section 23 or for disputes relating to your failure to timely pay any amounts due to Hygiene Staffing hereunder; you agree that all disputes between you and Hygiene Staffing (whether or not such dispute involves a third party) arising out of or relating to these Terms of Service, the Services, and/or Privacy Policy shall be finally resolved by arbitration before a single arbitrator conducted in the English language in Boston, Massachusetts, U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and you and Hygiene Staffing hereby expressly waive trial by jury. You and Hygiene Staffing shall appoint as sole arbitrator a person mutually agreed by you and Hygiene Staffing or, if you and Hygiene Staffing cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Hygiene Staffing shall be entitled to seek injunctive relief, security or other equitable remedies from the United States District Court for a district in Massachusetts or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with these Terms of Use or to award punitive damages, including but not limited to pursuant to federal or state statutes permitting multiple or punitive awards. Any claims brought by you or Hygiene Staffing must be brought in that party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither you nor Hygiene Staffing will participate in a class action or class-wide arbitration for any claims covered by these Terms of Service. You hereby waive any and all rights to bring any claims related to these Terms of Service and Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. You may bring claims only on your own behalf. You may opt out of this Agreement To Arbitrate. If you do so, neither you nor Hygiene Staffing can require the other to participate in an arbitration proceeding. To opt out, you must notify Hygiene Staffing in writing within 30 days of the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement To Arbitrate and must include your name, address, phone number, your Hygiene Staffing account to which the opt-out applies and a clear statement that you want to opt out of this Agreement To Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement To Arbitrate. You must use this address to opt out: Hygiene Staffing, LLC. ATTN: Arbitration Opt-out, c/o Hygiene Staffing LLC., 75 Arlington St., Suite 5000, MA 02116. This Arbitration section will survive the termination of your relationship with Hygiene Staffing.
Jurisdictional Issues
Hygiene Staffing makes no representations that information on this Website is appropriate or available for use outside the United States. If you choose to access this Website from outside the United States, you do so on your own initiative and at your own risk and you agree and acknowledge that you are responsible for complying with all applicable United States laws as well as your local laws and regulations. If you transact business through this Website with a party that is located outside the United States, you agree and acknowledge that you do so voluntarily, that you are responsible for complying with all applicable United States laws as well as any local laws and regulations that may impact your transaction, and you understand that Hygiene Staffing disclaims all responsibility related to such transaction.
Severability
If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Entire Agreement
These Terms of Service constitute the entire agreement between, or, as appropriate, among, the Parties relating to the subject matter herein. Hygiene Staffing may, at Hygiene Staffing’s sole discretion, revise these Terms of Service at any time by updating this posting and providing reasonable notice to you.
Notices
Please address all legal notices to hygienestaffingllc@gmail.com.
If you have any questions about these Terms of Service, please contact hygienestaffingllc@gmail.com.
