Terms of Use
Agreement between user and www.tempeak.com
Welcome to www.tempeak.com. The www.tempeak.com website (the "Site") is
comprised of various web pages operated by Semerey Dental Management and/or its affiliates
(hereinafter, “Semerey Dental Management”). The website www.tempeak.com is offered to you
conditioned on your acceptance without modification of the terms, conditions, and notices
contained herein (the "Terms"). Your use of www.tempeak.com constitutes your agreement to all
such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The website www.tempeak.com is an Employment Matching Site to allow employers to
seek and find potential employees having credentials and qualifications matching with the
employers’ requirements.
Potential employees make available various credentials such as their
professional skills, licenses, personal information, times of availability, wage/salary
requirements, and other related information, so that employers may run a search for potential
employees based on desired criteria, and the potential employees may be returned as search
results when the potential employees’ credentials match the desired criteria requested by the
employers. When an employer selects one of the potential employees returned in the search
results, the potential employee is notified of the selection, after which the potential employee
may accept an offer of a job.
Privacy
Your use of www.tempeak.com is subject to Semerey Dental Management's Privacy
Policy. Please review our Privacy Policy, which also governs the Site and informs users of our
data collection practices.
Electronic Communications
Visiting www.tempeak.com or sending emails to Semerey Dental Management
constitutes electronic communications. You consent to receive electronic communications and you
agree that all agreements, notices, disclosures and other communications that we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such
communications be in writing.
Your account
If you use this site, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password. You may not assign
or otherwise transfer your account to any other person or entity. You acknowledge that Semerey
Dental Management is not responsible for third party access to your account that results from
theft or misappropriation of your account. Semerey Dental Management and its associates reserve
the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole
discretion.
Semerey Dental Management does not knowingly collect, either online or offline,
personal information from persons under the age of thirteen. If you are under 18, you may use
www.tempeak.com only with permission of a parent or guardian.
Cancellation/Refund Policy
i. Employers will be charged a $0 cancellation fee for subscription cancellation
prior to subscription termination date.
ii. Employers will be charged for 0 hours of the rate originally requested by a potential employee, if the employer cancels employment of the potential employee on the first day of work scheduled for the potential employee.
iii. Potential Employees will be charged $0 for failing to show up to a first day of employment at an employer’s office after acceptance of a particular job offer.
ii. Employers will be charged for 0 hours of the rate originally requested by a potential employee, if the employer cancels employment of the potential employee on the first day of work scheduled for the potential employee.
iii. Potential Employees will be charged $0 for failing to show up to a first day of employment at an employer’s office after acceptance of a particular job offer.
Links to third party sites/Third party services
www.tempeak.com ay contain links to other websites ("Linked Sites"). The Linked
Sites are not under the control of Semerey Dental Management and Semerey Dental Management is
not responsible for the contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site. Semerey Dental
Management is providing these links to you only as a convenience, and the inclusion of any link
does not imply endorsement by Semerey Dental Management of the site or any association with its
operators.
Certain services made available via www.tempeak.com are delivered by third party
sites and organizations. By using any product, service or functionality originating from the
www.tempeak.com domain, you hereby acknowledge and consent that Semerey Dental Management may
share such information and data with any third party with whom Semerey Dental Management has a
contractual relationship to provide the requested product, service or functionality on behalf of
www.tempeak.com users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to
access and use www.tempeak.com strictly in accordance with these terms of use. As a
condition of your use of the Site, you warrant to Semerey Dental Management that you will
not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not
use the Site in any manner which could damage, disable, overburden, or impair the Site or
interfere with any other party's use and enjoyment of the Site. You may not obtain or
attempt to obtain any materials or information through any means not intentionally made
available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos,
images, as well as the compilation thereof, and any software used on the Site, is the
property of Semerey Dental Management or its suppliers and protected by copyright and other
laws that protect intellectual property and proprietary rights. You agree to observe and
abide by all copyright and other proprietary notices, legends or other restrictions
contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the
transfer or sale, create derivative works, or in any way exploit any of the content, in
whole or in part, found on the Site. Semerey Dental Management content is not for resale.
Your use of the Site does not entitle you to make any unauthorized use of any protected
content, and in particular you will not delete or alter any proprietary rights or
attribution notices in any content. You will use protected content solely for your personal
use, and will make no other use of the content without the express written permission of
Semerey Dental Management and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or
implied, to the intellectual property of Semerey Dental Management or our licensors except
as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups,
forums, communities, personal web pages, calendars, and/or other message or communication
facilities designed to enable you to communicate with the public at large or with a group
(collectively, "Communication Services"), you agree to use the Communication Services only
to post, send and receive messages and material that are proper and related to the
particular Communication Service.
By way of example, and not as a limitation, you agree that when using a
Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity) of others; publish, post,
upload, distribute or disseminate any inappropriate, profane, defamatory, infringing,
obscene, indecent or unlawful topic, name, material or information; upload files that
contain software or other material protected by intellectual property laws (or by rights of
privacy of publicity) unless you own or control the rights thereto or have received all
necessary consents; upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer; advertise or offer
to sell or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid
schemes or chain letters; download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be legally distributed in such
manner; falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other material
contained in a file that is uploaded, restrict or inhibit any other user from using and
enjoying the Communication Services; violate any code of conduct or other guidelines which
may be applicable for any particular Communication Service; harvest or otherwise collect
information about others, including e-mail addresses, without their consent; violate any
applicable laws or regulations.
Semerey Dental Management has no obligation to monitor the Communication
Services. However, Semerey Dental Management reserves the right to review materials posted
to a Communication Service and to remove any materials in its sole discretion. Semerey
Dental Management reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason whatsoever.
Semerey Dental Management reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information or materials,
in whole or in part, in Semerey Dental Management's sole discretion.
Always use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. Semerey Dental Management does
not control or endorse the content, messages or information found in any Communication
Service and, therefore, Semerey Dental Management specifically disclaims any liability with
regard to the Communication Services and any actions resulting from your participation in
any Communication Service. Managers and hosts are not authorized Semerey Dental Management
spokespersons, and their views do not necessarily reflect those of Semerey Dental
Management.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you upload the materials.
Materials provided to www.tempeak.com or posted on any Semerey Dental Management web page
Semerey Dental Management does not claim ownership of the materials you
provide to www.tempeak.com (including feedback and suggestions) or post, upload, input or
submit to any Semerey Dental Management Site or our associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing or submitting your
Submission you are granting Semerey Dental Management, our affiliated companies and
necessary sublicensees permission to use your Submission in connection with the operation of
their Internet businesses including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your
Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. Semerey Dental Management is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in Semerey Dental
Management's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission
you warrant and represent that you own or otherwise control all of the rights to your
Submission as described in this section including, without limitation, all the rights
necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Semerey Dental Management account to third
party accounts. By connecting your Semerey Dental Management account to your third party
account, you acknowledge and agree that you are consenting to the continuous release of
information about you to others (in accordance with your privacy settings on those third
party sites). If you do not want information about you to be shared in this manner, do not
use this feature.
International Users
The Service is controlled, operated and administered by Semerey Dental
Management from our offices within the USA. If you access the Service from a location
outside the USA, you are responsible for compliance with all local laws. You agree that you
will not use the Semerey Dental Management Content accessed through www.tempeak.com in any
country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Semerey Dental Management,
its officers, directors, employees, agents and third parties, for any losses, costs,
liabilities and expenses (including reasonable attorneys' fees) relating to or arising out
of your use of or inability to use the Site or services, any user postings made by you, your
violation of any terms of this Agreement or your violation of any rights of a third party,
or your violation of any applicable laws, rules or regulations. Semerey Dental Management
reserves the right, at its own cost, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will fully cooperate
with Semerey Dental Management in asserting any available defenses.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. SEMEREY DENTAL MANAGEMENT AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SEMEREY DENTAL MANAGEMENT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY
KIND. SEMEREY DENTAL MANAGEMENT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SEMEREY
DENTAL MANAGEMENT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF SEMEREY DENTAL MANAGEMENT OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR
WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
SITE.
Termination/access restriction
Semerey Dental Management reserves the right, in its sole discretion, to
terminate your access to the Site and the related services or any portion thereof at any
time, without notice. To the maximum extent permitted by law, this agreement is governed by
the laws of the State of Maryland and you hereby consent to the exclusive jurisdiction and
venue of courts in Maryland in all disputes arising out of or relating to the use of the
Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all
provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and Semerey Dental Management as a result of this agreement
or use of the Site. Semerey Dental Management's performance of this agreement is subject to
existing laws and legal process, and nothing contained in this agreement is in derogation of
Semerey Dental Management's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Site or information provided to or
gathered by Semerey Dental Management with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the remainder
of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and Semerey Dental Management with respect to the Site and it
supersedes all prior or contemporaneous communications and proposals, whether electronic,
oral or written, between the user and Semerey Dental Management with respect to the Site. A
printed version of this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to this
agreement to the same extent an d subject to the same conditions as other business documents
and records originally generated and maintained in printed form. It is the express wish to
the parties that this agreement and all related documents be written in English.
Changes to Terms
Semerey Dental Management reserves the right, in its sole discretion, to
change the Terms under which www.tempeak.com is offered. The most current version of the
Terms will supersede all previous versions. Semerey Dental Management encourages you to
periodically review the Terms to stay informed of our updates.
Contact Information
Tempeak welcomes your questions or comments regarding this Statement of Privacy. If you believe that tempeak has not adhered to this Statement, please contact tempeak at:
Address:
Email Address:
Telephone number: