Terms of Service

Welcome to LolliePoPSmiles LLC

These Terms of Service constitute a legally binding agreement (the “Terms”) between you and LolliePoPSmiles LLC (“LolliePoPSmiles LLC,” “we,” “us” or “our”) governing your use of LolliePoPSmiles LLC, websites, contents, products, and/or services (the “Services”). By accessing or using the Services, you agree to be bound by these Terms. Please read them carefully. LolliePoPSmiles LLC provides an Service that allows licensed Dentists and Dental Offices to connect with each other using Services made available by LolliePoPSmiles LLC, representatives,  (collectively, “LolliePoPSmiles LLC”).

Please be advised: These Terms contain provisions that govern how claims that you and LolliePoPSmiles LLC have against each other can be brought (see below). These provisions will, with limited exception, require that you submit claims you have against LolliePoPSmiles LLC to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding.

LolliePoPSmiles LLC may amend the Terms and modify or update the Services from time to time. Your continued use of the Services after any such changes are posted here will constitute your acceptance of the amended Terms.

By agreeing to these Terms, you expressly acknowledge that you understand the Terms (including the dispute resolution and arbitration provisions contained herein) and accept all of them. If you do not agree to be bound by these Terms, you may not use or access the Services.

YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that you are at least 18 years old and legally entitled to enter these Terms, and that you have the authority and capacity to enter into and abide by these Terms. You further agree and warrant that:

You’re Information. All information that you provide to LolliePoPSmiles LLC or through the Services is true and accurate, and you will maintain that information up-to-date. You will provide us with whatever proof of identity we may reasonably request.any identification we provide you which allows access to the Services. You agree that all laws, licenses, certifications, rules, and regulations required of you to act in the field of Dentistry and or Dental Hygiene are up to date and honored in accordance with the requirements of the state of Georgia.

Legal Compliance. You will comply with all applicable state, federal, and local laws while using the Services. You will not copy or distribute the Services without written permission from LolliePoPSmiles LLC.

Tax Compliance. You will comply with all applicable state, federal, and local tax laws while using the Services. Any and all tax documentation requested by LolliePoPSmiles LLC shall be completed as required by law, failure to comply may result in denied Services.

STATUS AS A FIRST & THIRD PARTY PROVIDER.

You warrant and agree that all services undertaken and provided through the LolliePoPSmiles LLC are done so as independent contractors.

Insurance: As LolliePoPSmiles LLC provides no insurance to either the Dental Office, or Associate Dentists. LolliePoPSmiles LLC mandates all entities utilizing the LolliePoPSmiles LLC Service to obtain any and all applicable state, federal, and local insurance requirements. LolliePoPSmiles LLC recommends users of the LolliePoPSmiles LLC to review any and all insurance policies as they relate to the use of independent contractors or the services they provide.

DENTAL OFFICE/DENTISTS/DOCTOR of DENTAL SURGERY/DOCTOR OF DENTAL MEDICINE Requirements (“Dentists/Dental Office”)

Dentists/Dental Office warrant and agree that: They are fully licensed to practice Dentistry. Any licenses, certifications and insurances required by the State Board of Dentistry are in compliance and up to date. The Services provided by LolliePoPSmiles LLC are as a First-party provider. Any insurance/s required by the Dentist/Dental office will be applied to the Hygienist in the means and manners commonly associated with temporary/substitute employees.

PAYMENT TERMS

You understand that use of the Services may result in charges to you for the services you receive from a Hygienist. After you have received services or goods obtained through your use of the Services, LolliePoPSmiles LLC will facilitate your payment of the applicable charges on behalf of the Hygienist, as such Hygienist’s limited payment collection agent. Payment of such charges in such manner shall be considered the same as payment made directly by you to the Hygienist. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by LolliePoPSmiles LLC. You retain the right to request lower charges from a Hygienist for services received by you from such Third Party Provider at the time you receive such services or goods. LolliePoPSmiles LLC will respond accordingly to any request from a Hygienist to modify charges for a particular service.

All charges are due immediately and payment will be facilitated by LolliePoPSmiles LLC using the preferred payment method designated in your LolliePoPSmiles LLC account, after which LolliePoPSmiles LLC will send you a receipt by email. If you’re primary payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that LolliePoPSmiles LLC may, as the Hygienist’s limited payment collection agent, use a secondary payment method in your account, if available.

As between you and LolliePoPSmiles LLC, LolliePoPSmiles LLC reserves the right to establish, remove and/or revise charges for any or all services obtained through the use of the Services at any time in LolliePoPSmiles LLC’s sole discretion. LolliePoPSmiles LLC will use reasonable efforts to inform you of charges that may apply, provided that you will be responsible for charges incurred under your LolliePoPSmiles LLC account regardless of your awareness of such charges or the amounts thereof. LolliePoPSmiles LLC may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the charges applied to you.

Standard Payment Rates and Conditions:

LolliePoPSmiles LLC charges the Dental Office for the hygienist’s pay at $50 per hour with an 8 hour minimum. And if the hours worked vary from what was initially planned, any adjustments can be requested to LolliePoPSmiles LLC support by 11:59pm the day of the shift.

The Dental Office can pay with a Company Check, credit/debit card or ACH. Credit/Debit cards payments are processed by Stripe, and the office must agree to the Stripe terms and conditions prior to The ACH payments.

DENTAL OFFICE CANCELLATION POLICY:

You may elect to cancel your request for services from a Hygienist at any time prior to 48hrs of the Hygienist’s arrival, in which case you will be charged a cancellation fee per the structure below.

Job Cancellation: 25% Fee Window–After 24 hours from match If Dentist needs to cancel a future job booked 100 days through 72 hours from start after the first 24 hours from match No Fee cancellation window. If you cancel you will be charged a 25% fee of the total workday.

LolliePoPSmiles LLC reserves the right to review, adjust or waive any and all cancellation policies at any time due to extreme conditions, national emergencies or acts of god in the best interest of the LolliePoPSmiles LLC.

While LolliePoPSmiles LLC makes every effort to provide pay to the hygienist in the event of a dental office cancellation, LolliePoPSmiles LLC reserves the right to waive this pay if the cancellation is determined to be the result of an act of god, catastrophic event, or force majeure. Additionally, LolliePoPSmiles LLC reserves the right to review, adjust or waive any and all cancellation policies at any time due to extreme conditions, national emergencies or acts of god in the best interest of the LolliePoPSmiles LLC community.

In the event of a total office closure, which results from causes beyond the reasonable control of the dental practice, including, and not limited to infrastructural emergencies that deem the entire workforce inoperable (general building malfunctions, electrical, gas, and water damage), the Dental Hygienist will be paid out 25% of their contracted Services. You understand that use of the Services may result in charges to you for the services or goods you receive (“Charges”). LolliePoPSmiles LLC. Will enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will include applicable taxes where required by law. Charges may include other applicable fees, cancellation fees, adjustments of hours of work when required, and/or permissible processing fees.

All Charges and payments will be enabled by LolliePoPSmiles LLC using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that LolliePoPSmiles LLC. May use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable unless otherwise determined by LolliePoPSmiles LLC.

For the avoidance of doubt, LolliePoPSmiles LLC LolliePoPSmiles LLC does not charge a fee, but retains the right to charge

If you think a correction should be made to any Charge you incurred, you must let LolliePoPSmiles LLC know in writing within 30 days after the Charge took place or LolliePoPSmiles LLC will have no further responsibility and you waive your right to later dispute the amounts charged.

This payment structure is intended to fully compensate the Hygienist for the services provided. LolliePoPSmiles LLC does not designate any portion of your payment as a tip or gratuity to the Hygienist. Any representation by LolliePoPSmiles LLC to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that LolliePoPSmiles LLC provides any additional amounts, beyond those described above, to the Hygienist. You understand and agree that, while you are free to provide additional payment as a gratuity to any Hygienist who provides you with services obtained through the Services, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Services, you will have the opportunity to rate your experience and leave additional feedback about your Hygienist.

LolliePopSmiles LLC Dental Hygienist SERVICES

LolliePoPSmiles LLC operates a Registered Dental Hygiene Service, the LolliePoPSmiles LLC enables you to receive: (i) services rendered by LolliePoPSmiles LLC that facilitate your connection to independent providers, including dental hygienists.  For the purchase of services from those Third Party Providers; and (ii) any related content or services, including payment processing and customer support. The LolliePoPSmiles LLC LolliePoPSmiles LLC services and the LolliePoPSmiles LLC LolliePoPSmiles LLC content or services described in this Section are collectively referred to as “the Services”. Unless otherwise agreed by LolliePoPSmiles LLC LolliePoPSmiles LLC in a separate written agreement with you, the Services are made available solely for your professional use.

YOU ACKNOWLEDGE THAT YOU’RE ABILITY TO OBTAIN PROFESSIONAL STAFFING SERVICES FROM FIRST PARTY PROVIDERS THROUGH THE USE OF LolliePoPSmiles LLC AS A PROVIDER OF THESE PROFESSIONAL SERVICES.

You ACKNOWLEDGE THAT ANY SAFETY RELATED EFFORT, FEATURE, PROCESS, POLICY, STANDARD OR OTHER EFFORT UNDERTAKEN BY LolliePoPSmiles LLC, IN THE INTEREST OF PUBLIC SAFETY (WHETHER REQUIRED BY APPLICABLE REGULATIONS OR NOT), IS NOT AN INDICIA OF AN EMPLOYMENT, ACTUAL AGENCY, APPARENT AGENCY, OR OSTENSIBLE AGENCY RELATIONSHIP WITH AN INDEPENDENT THIRD PARTY Dental Hygienist.

You agree that LolliePoPSmiles LLC may contact you by autodialed text messages, phone calls, emails, and other forms of communications with information about the Services, your account, and with marketing messages, even if your phone number is on a do-not-call list. You are not required to provide this consent as a condition of purchasing anything or using the Services, and may opt-out at any time by contacting customer care at (912) 237-2334. In the event you change or deactivate your mobile telephone number, you agree to promptly update your LolliePoPSmiles LLC account information to ensure that your messages are not sent to the person that acquires your old number.

CONSENT TO CALL RECORDING

You agree that any phone calls to or from LolliePoPSmiles LLC may be monitored or recorded for quality assurance purposes.

LOLLIEPOPSMILES LLC INTELLECTUAL PROPERTY

LolliePoPSmiles LLC alone (and its licensors, where applicable) shall own all of the right, title and interest (including all related intellectual property rights), in and to the past, present, and future versions of the Services and all content therein. This content shall include, but is not limited to all layout, text, illustrations, instructions, files, images, designs, software, scripts, graphics, photos, sounds, music, videos, information, materials, technology, interactive features, the “look and feel” of the Services, the compilation and arrangement of the Services, LolliePoPSmiles LLC trademarks, all copyrightable material and derivative works or enhancements of any of the above, unless ownership rights remain with a user as part of a User Submission, as described in the User Content section below.

LolliePoPSmiles LLC alone (and its licensors, where applicable) shall also own all of the right, title, and interest (including all related intellectual property right), in and to any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services.

These Terms are not a sale and do not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by LolliePoPSmiles LLC. The LolliePoPSmiles LLC name, LolliePoPSmiles LLC logo, and the product names associated with the Services are trademarks of LolliePoPSmiles LLC or third parties, and no right or license is granted to use them.

LolliePoPSmiles LLC may rely on third party advertising and marketing supplied through the Services and other mechanisms to subsidize the Services. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. LolliePoPSmiles LLC may compile and release information regarding you and your use of the Services on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Services.

INDEMNIFICATION

By entering into these Terms and using the Services, you agree, to the fullest extent permitted by applicable law, that you shall defend, indemnify and hold LolliePoPSmiles LLC, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys, assigns and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:

1. your violation or breach of any term of these Terms or any applicable law or regulation,;
2. your violation of any rights of any third party, including Hygienists;
3. the actions of associated employees; or
4. Your use or misuse of the Services.

DISCLAIMER OF WARRANTIES

LOLLIEPOPSMILES LLC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES. LOLLIEPOPSMILES LLC DOES NOT REPRESENT OR WARRANT THAT:

1. THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
2. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,

THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY LOLLIEPOPSMILES LLC. LOLLIEPOPSMILES LLC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY

LOLLIEPOPSMILES LLC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF LOLLIEPOPSMILES LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LOLLIEPOPSMILES LLC SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN ANY HYGIENIST, EVEN IF LOLLIEPOPSMILES LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LOLLIEPOPSMILES LLC SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND LOLLIEPOPSMILES LLC’S REASONABLE CONTROL. IN NO EVENT SHALL LOLLIEPOPSMILES LLC’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).

LOLLIEPOPSMILES LLC’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE SERVICES WITH HYGIENISTS, BUT YOU AGREE THAT LOLLIEPOPSMILES LLC HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY HYGIENISTS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

NOTICE              

LolliePoPSmiles LLC may give notice by means of a general notice on the Services, electronic mail to your email address on record in LolliePoPSmiles LLC’s account information, or by written communication sent by first class mail or pre-paid post to your address on record with LolliePoPSmiles LLC.

Account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after sending. You may give notice to LolliePoPSmiles LLC (such notice shall be deemed given when received. by sending an electronic mail message to LolliePoPSmiles LLC at: LolliePoPSmiles@gmail.com

ASSIGNMENT

These Terms may not be assigned by you without the prior written approval of LolliePoPSmiles LLC but may be assigned at any time by LolliePoPSmiles LLC to:

1. a parent or subsidiary
2. an acquirer of assets

• a successor by merger

Any purported assignment in violation of this section shall be void.

TERM AND TERMINATION OF TERMS

These Terms are effective upon your access or use of the Services. You or LolliePoPSmiles LLC may terminate your participation in the Services at any time, for any reason and LolliePoPSmiles LLC may prohibit your use of the Services at any time in its sole discretion. These Terms, and any subsequent modification of these Terms, shall remain in effect at all times after you or LolliePoPSmiles LLC terminate your participation or access to the Services.

DISPUTES/MANDATORY INDIVIDUAL ARBITRATION

Any dispute or claim relating in any way to your use of the Services will be resolved by binding arbitration on an individual basis, rather than in court, except that you may assert claims in small claims court if your claims qualify. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. The Federal Arbitration Act and federal arbitration law apply to this agreement.

“Disputes” or “claims” under this provision shall include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: the Terms and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Services, any other goods or services made available through the Services, your relationship with LolliePoPSmiles LLC, the threatened or actual suspension, deactivation or termination of your account with LolliePoPSmiles LLC, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by LolliePoPSmiles LLC, any claims for fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered legal team. Payment of all filing, administration and arbitrator fees will be governed by the associated state laws/rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, LolliePoPSmiles LLC will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on a class, collective, or representative basis. Other than disputes regarding the validity of the class action waiver contained herein, which disputes may be resolved only by a civil court of competent jurisdiction, all disputes regarding the scope and validity of these Terms will be resolved by the arbitrator. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

GENERAL

No joint venture, partnership, employment, or agency relationship exists between you, LolliePoPSmiles LLC or any third party provider as a result of these Terms or use of the Services. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

The failure of LolliePoPSmiles LLC to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by LolliePoPSmiles LLC in writing.

These Terms comprise the entire agreement between you and LolliePoPSmiles LLC and supersedes all prior or contemporaneous negotiations, discussions or terms, whether written or oral, between the parties regarding the subject matter contained herein. If any provision of these Terms is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties will replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of these Terms.

EXPECTATIONS: All employment details are to be decided between the hygienist and the office. Some examples of employment details include but are not limited to: start date, compensation, employment status, etc. LolliePoPSmiles LLC cannot guarantee that the hygienist will accept the employment opportunity nor can LolliePoPSmiles LLC guarantee that the hygienist’s tenure will last any specified length of time.

Georgia Code Title 43. Professions and Businesses 43-11-74

LolliePoPSmiles LLC 990 Peachtree Industrial Blvd. Ste.1284 Suwanee, Ga 30024 Lolliepopsmiles@gmail.com 912-237-2334