Terms of Service
Welcome to TempMee Hygienists, INC
These Terms of Service constitute a legally binding agreement (the “Terms”) between you and TempMee
Hygienists, INC (“TempMee Hygienists, INC,” “we,” “us” or “our”) governing your use of TempMee
Hygienists, INC applications, 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.
TempMee Hygienists, INC provides an online venue that allows licensed Dentists and Dental Offices and
third-party, licensed and National Board of Dental Hygiene Certified Registered Dental Hygienists
(“Hygienists”) to connect with each other using Services made available by TempMee Hygienists, INC and
its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “TempMee
Hygienists, INC”). TempMee Hygienists, INC has no control over the conduct of Hygienists, or any other
users of the Services.
Please be advised: These Terms contain provisions that govern how claims that you and TempMee
Hygienists, INC have against each other can be brought (see below). These provisions will, with limited
exception, require that you submit claims you have against TempMee Hygienists, INC 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.
TempMee Hygienists, INC 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:
Your Information. All information that you provide to TempMee Hygienists, INC 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. You will keep secure and confidential your
account password or 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 your states requirements
Contact outside of TempMee AND Account Circumvention. You will not use the Services to identify
Dentists, Dental Offices, Hygienists or associated employees to complete offline transactions that
circumvent your payment obligations for the Services. You may not authorize others to use your user
status, and you may not assign or otherwise transfer your user account to any other person or entity.
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 TempMee
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 TempMee shall be completed as required by law,
failure to comply may result in denied access to the platform or total removal from the TempMee
STATUS AS A THIRD PARTY PROVIDER. You warrant and agree that all services undertaken and provided
through the TempMee marketplace are done so as independent contractors.
Insurance: As TempMee Hygienist Inc is a Marketplace Platform it provides no insurance to either the
Dental Office, Dental Hygienist, Dental Assistant, or Associate Dentists. TempMee mandates all entities
utilizing the TempMee platform to obtain any and all applicable state, federal, and local insurance
requirements. TempMee recommends users of the TempMee Marketplace Platform to review any and
all insurance policies as they relate to the use of independent contractors or the services they provide.
Access and Use. You may only access the Services using authorized means. You will not use the Services
for any fraudulent purposes or to cause nuisance, annoyance or inconvenience. It is your responsibility
to ensure you have the correct licenses, insurances, and certifications for use with the Services. You will
only use an access point or data account that you are authorized to use. TempMee Hygienists, INC
reserves the right to terminate your use of the Services if you use an incompatible or unauthorized
Protection of Services and Users. You will not:
● Create Internet “links” to the Services or “frame” or “mirror” any software on any other server or
wireless or Internet-based device.
● Reverse engineer or access the Services (except as permitted by applicable law) in order to, build
a competitive product or service, build a product using similar ideas, features, functions or
graphics of the Services, or copy any ideas, features, functions or graphics of the Services.
● Launch an automated program or script, including, but not limited to, web spiders, web crawlers,
web robots, web ants, web indexers, bots, viruses or worms, or any program which may make
multiple server requests per second, or unduly burdens or hinders the operation and/or
performance of the Services.
● Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws
through the Services.
● Send or store through or on the Services infringing, obscene, threatening, libelous, or otherwise
unlawful or tortious material, including material harmful to children or in violation of third party
● Send or store through or on the Services material containing software viruses, worms, Trojan
horses or other harmful computer code, files, scripts, agents or programs.
● Interfere with or disrupt the integrity or performance of the Services or the data contained
● Attempt to gain unauthorized access to the Services or its related systems or networks.
● Try to harm the Services in any way.
Subject to your compliance with these Terms, TempMee Hygienists, INC grants you a limited,
non-exclusive, non-transferable, revocable license to access and use the Services solely for your own
personal, non-commercial purposes. All rights not expressly granted to you are reserved by TempMee
Hygienists, INC and its licensors.
DENTAL OFFICE/DENTISTS/DOCTOR of DENTAL SURGERY/DOCTOR OF DENTAL MEDICINE Requirements
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 TempMee Hygienists, INC are as a third 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.
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,
TempMee Hygienists, INC 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 TempMee Hygienists, INC. 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. TempMee Hygienists, INC 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 TempMee Hygienists, INC using the
preferred payment method designated in your TempMee Hygienists, INC account, after which TempMee
Hygienists, INC will send you a receipt by email. If your primary payment method is determined to be
expired, invalid or otherwise not able to be charged, you agree that TempMee Hygienists, INC may, as
the Hygienist’s limited payment collection agent, use a secondary payment method in your account, if
As between you and TempMee Hygienists, INC, TempMee Hygienists, INC 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 TempMee Hygienists, INC’s sole discretion. TempMee Hygienists, INC will use reasonable efforts to
inform you of charges that may apply, provided that you will be responsible for charges incurred under
your TempMee Hygienists, INC account regardless of your awareness of such charges or the amounts
thereof. TempMee Hygienists, INC 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:
TempMee charges a standard 18.5% Booking Fee. This fee is calculated based on the hygienist hourly
rate, which is selected by the office.
TempMee charge the Dental Office for both the hygienist’s pay and the TempMee Booking Fee. When a
shift is confirmed by the Dental Office, they are charged the 18.5% booking fee. Then, 24 hours before
the start of the shift, the dental office is billed for the hygienist’s pay.
If the hours worked vary from what was initially planned, any adjustments can be requested to
TempMee customer support by 11:59pm the day of the shift.
The Dental Office can pay with a 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 using the TempMee
platform. The ACH payments are processed through Plaid, and the office must agree to the Plaid terms
and conditions before using the TempMee platform.
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: No Fee Window–24 hours from match. If Dentist needs to cancel a future job
booked 100 days through 72 hours from start during the first 24 hours from match there will be a
pop up stating You are allowed to cancel anytime within the first 24 hours after confirming a
hygienist without a fee.
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
there will be a pop up stating It is now past the 24 hour No Fee cancellation window. If you
cancel you will be charged a 25% fee of the total workday.
Job Cancellation: No Fee Window–20 min from match If Dentist needs to cancel a future job
booked 72 through 24 hours from start during the first 20 min from match there will be a pop up
stating You are allowed to cancel anytime within the first 20 minutes after confirming a hygienist
without a fee.
Job Cancellation: 25% Fee Window–After 20 min from match If Dentist needs to cancel a future
job booked 72 hours from start after the first 20 min from match there will be a pop up stating It
is now past the 20 minute No Fee cancellation window. If you cancel now you will be charged a
25% fee of the total workday.
Job Cancellation: 100% Fee Window–After 20 min from match If Dentist needs to cancel a
future job booked 24 hours from start after the first 20 min from match there will be a pop up
stating If you cancel 24 hours before Start Time, you will be charged a 100% fee of the total
TempMee Job Cancelation Policy (Dentist)
TempMee 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
Hygienist Cancellation Policy: The cancellation of any job by a Hygienist will cause your account to go
under an internal review process. Based on the results of this review, TempMee may pause, freeze, or
fully remove your account from the TempMee Platform.
While TempMee makes every effort to provide pay to the hygienist in the event of a dental office
cancellation, TempMee 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, TempMee 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 Tempmee community.
You understand that use of the Services may result in charges to you for the services or goods you
receive (“Charges”). TempMee Hygienist Inc 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 work
when required, and/or permissible processing fees.
All Charges and payments will be enabled by TempMee Hygienist Inc 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 TempMee Hygienist Inc may use a
secondary payment method in your Account, if available. Charges paid by you are final and
non-refundable, unless otherwise determined by TempMee Hygienist Inc .
As between you and TempMee Hygienist Inc , TempMee Hygienist Inc reserves the right to establish or
adjust Charges for any or all services or goods obtained through the use of the Services at any time.
TempMee Hygienist Inc will use reasonable efforts to inform you of Charges that may apply, provided
that you will be responsible for Charges incurred under your Account regardless of your awareness of
such Charges or the amounts thereof. Certain users may from time to time receive promotional offers
and discounts that may result in different amounts charged for the same or similar services or goods
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. Promotional offers and discounts are subject to change or withdrawal at any time and
without notice. You may elect to cancel your request for Services at any time prior to the
commencement of such Services, in which case you may be charged a cancellation fee on a Third Party
For the avoidance of doubt, TempMee Hygienist Inc does not charge a fee for a user to access the
TempMee Hygienist Inc Marketplace Platform, but retains the right to charge users a fee or any other
Charge for accessing Services made available through the Marketplace Platform.
If you think a correction should be made to any Charge you incurred, you must let TempMee Hygienist
Inc know in writing within 30 days after the Charge took place or TempMee Hygienist Inc 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.
TempMee Hygienists, INC does not designate any portion of your payment as a tip or gratuity to the
Hygienist. Any representation by TempMee Hygienists, INC 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 TempMee Hygienists, INC 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.
MARKETPLACE PLATFORM & SERVICES
TempMee Hygienist Inc operates a multi-sided digital marketplace platform that is offered in a number
of forms, including mobile and/or web based applications (“Applications”). Among other things, the
TempMee Hygienist Inc Marketplace Platform enables you to receive: (i) services rendered by TempMee
Hygienist Inc that facilitate your connection to independent third party providers, including dental
hygienists, dental assistants, and associate dentists (“Third Party Providers”), for the purchase of services
from those Third Party Providers; and (ii) any related content or services, including payment processing
and customer support. The TempMee Hygienist Inc Marketplace Platform and the TempMee Hygienist
Inc content or services described in this Section are collectively referred to as “the Services”. Unless
otherwise agreed by TempMee Hygienist Inc in a separate written agreement with you, the Services are
made available solely for your professional use.
YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN PROFESSIONAL STAFFING SERVICES FROM THIRD
PARTY PROVIDERS THROUGH THE USE OF THE TempMee Hygienist Inc MARKETPLACE PLATFORM AND
SERVICES DOES NOT ESTABLISH TempMee Hygienist Inc AS A PROVIDER OF THESE PROFESSIONAL
SERVICES. TempMee Hygienist Inc IS NOT A COMMON EMPLOYER, AND REGISTRATION with TempMee
Hygienist Inc is for access to the MARKETPLACE PLATFORM.
YOU ACKNOWLEDGE THAT INDEPENDENT THIRD PARTY PROVIDERS ARE NOT ACTUAL AGENTS,
APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF TempMee Hygienist Inc IN ANY WAY.
YOU ALSO ACKNOWLEDGE THAT ANY SAFETY RELATED EFFORT, FEATURE, PROCESS, POLICY, STANDARD
OR OTHER EFFORT UNDERTAKEN BY TempMee Hygienist Inc , 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, Dental Assistant, or Associate Dentist.
CONSENT TO AUTODIALED TEXT MESSAGES, PHONE CALLS, EMAILS, and In-App Notifications
You agree that TempMee Hygienists, INC may contact you by autodialed text messages, phone calls,
emails, in-app notifications, 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 (786) 460-2710. In the event you change or
deactivate your mobile telephone number, you agree to promptly update your TempMee Hygienists, INC
account information to ensure that your messages are not sent to the person that acquires your old
CONSENT TO CALL RECORDING
You agree that any phone calls to or from TempMee Hygienists, INC may be monitored or recorded for
quality assurance purposes.
TEMPMEE HYGIENISTS, INC INTELLECTUAL PROPERTY
TempMee Hygienists, INC 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, TempMee Hygienists, INC trademarks, all copyrightable
material (including source code and object code) 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.
TempMee Hygienists, INC 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 TempMee Hygienists, INC. The TempMee
Hygienists, INC name, TempMee Hygienists, INC logo, and the product names associated with the
Services are trademarks of TempMee Hygienists, INC or third parties, and no right or license is granted to
THIRD PARTY INTERACTIONS
During your use of the Services, you may enter into correspondence with, purchase goods and/or
services from, or participate in promotions of third party service providers, advertisers or sponsors
showing their goods and/or services through the Services. Any such activity, and any terms, conditions,
warranties or representations associated with such activity, is solely between you and the applicable
third-party. TempMee Hygienists, INC and its licensors shall have no liability, obligation or responsibility
for any such correspondence, purchase, transaction or promotion between you and any such third-party.
TempMee Hygienists, INC does not endorse any sites on the Internet that are linked through the
Services, and in no event shall TempMee Hygienists, INC or its licensors be responsible for any content,
products, services or other materials on or available from such sites or third party providers. You
recognize that certain third-party providers of goods and/or services may require your agreement to
additional or different terms and conditions prior to your use of or access to such goods or services, and
TempMee Hygienists, INC disclaims any and all responsibility or liability arising from such agreements
between you and the third party providers.
TempMee Hygienists, INC 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. TempMee Hygienists, INC 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.
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 TempMee Hygienists, INC, 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:
● a. your violation or breach of any term of these Terms or any applicable law or regulation,;
● b. your violation of any rights of any third party, including Hygienists;
● c. the actions of associated employees; or
● d. your use or misuse of the Services.
DISCLAIMER OF WARRANTIES
TEMPMEE HYGIENISTS, INC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE
RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE
SERVICES. TEMPMEE HYGIENISTS, INC DOES NOT REPRESENT OR WARRANT THAT:
● a. THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR
OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA,
● b. THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
● c. ANY STORED DATA WILL BE ACCURATE OR RELIABLE,
● d. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR
● e. ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED, OR
● f. THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
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 TEMPMEE HYGIENISTS, INC. TEMPMEE
HYGIENISTS, INC 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.
TEMPMEE HYGIENISTS, INC’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER
PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. TEMPMEE
HYGIENISTS, INC IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE
RESULTING FROM SUCH PROBLEMS.
LIMITATION OF LIABILITY
TEMPMEE HYGIENISTS, INC 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 TEMPMEE HYGIENISTS, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. TEMPMEE HYGIENISTS, INC 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 A DENTISTS/DENTAL OFFICE
AND ANY HYGIENIST, EVEN IF TEMPMEE HYGIENISTS, INC HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. TEMPMEE HYGIENISTS, INC SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN
PERFORMANCE RESULTING FROM CAUSES BEYOND TEMPMEE HYGIENISTS, INC’S REASONABLE
CONTROL. IN NO EVENT SHALL TEMPMEE HYGIENISTS, INC’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).
TEMPMEE HYGIENISTS, INC’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE SERVICES
WITH HYGIENISTS, BUT YOU AGREE THAT TEMPMEE HYGIENISTS, INC 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.
TempMee Hygienists, INC may give notice by means of a general notice on the Services, electronic mail
to your email address on record in TempMee Hygienists, INC’s account information, or by written
communication sent by first class mail or pre-paid post to your address on record in TempMee
Hygienists, INC’s account information. Such notice shall be deemed to have been given upon the
expiration of 48 hours after sending. You may give notice to TempMee Hygienists, INC (such notice shall
be deemed given when received by Wag) by sending an electronic mail message to TempMee Hygienists,
INC at: firstname.lastname@example.org
These Terms may not be assigned by you without the prior written approval of TempMee Hygienists, INC
but may be assigned at any time by TempMee Hygienists, INC to:
● i. a parent or subsidiary
● ii. an acquirer of assets
● iii. 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 TempMee Hygienists, INC may
terminate your participation in the Services at any time, for any reason and TempMee Hygienists, INC
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 TempMee Hygienists, INC
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 TempMee Hygienists, INC, the threatened or actual suspension, deactivation or
termination of your account with TempMee Hygienists, INC, payments made by you or any payments
made or allegedly owed to you, any promotions or offers made by TempMee Hygienists, INC, 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, TempMee Hygienists, INC
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.
CHOICE OF LAW
Except as provided above in the DISPUTES/MANDATORY INDIVIDUAL ARBITRATION section, these Terms
will be governed by the laws of Delaware without regard to choice of law principles. This choice of law
provision is only intended to specify the use of Delaware law to interpret this Agreement and does not
create any other substantive right to non-Delawarians to assert claims under Delaware law whether by
statute, common law, or otherwise.
No joint venture, partnership, employment, or agency relationship exists between you, TempMee
Hygienists, INC 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 TempMee Hygienists, INC 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 TempMee
Hygienists, INC in writing.
These Terms comprise the entire agreement between you and TempMee Hygienists, INC 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.
THIRD PARTY APPLICATIONS
The Services may be available or accessed in connection with TempMee Hygienists, INC applications
(“Applications”) made available by third party providers such as Apple, Inc., or Google, Inc. (“Provider”)
through their storefronts such as the App Store and Google Play.
● (a) Both you and TempMee Hygienists, INC acknowledge that the Terms are concluded between
you and TempMee Hygienists, INC only, and not with any Provider, and that a Provider is not
responsible for the TempMee Hygienists, INC Services;
● (b) The Application is licensed to you on a limited, non-exclusive, non-transferrable,
non-sublicensable basis, solely to be used in connection with the Services for your private,
personal, non-commercial use, subject to all the terms and conditions of these Terms as they are
applicable to the Services;
● (c) You will only use the Application in connection with a Provider’s device that you own or
● (d) You acknowledge and agree that a Provider has no obligation whatsoever to furnish any
maintenance and support services with respect to the Application;
● (e) In the event of any failure of the Application to conform to any applicable warranty, including
those implied by law, you may notify the Provider of such failure; upon notification, the
Provider’s sole warranty obligation to you will be to refund to you the purchase price, if any, of
● (f) You acknowledge and agree that TempMee Hygienists, INC, and not the Provider, is
responsible for addressing any claims you or any third party may have in relation to the
● (g) You acknowledge and agree that, in the event of any third party claim that the Application or
your possession and use of the Application infringes that third party’s intellectual property
rights, TempMee Hygienists, INC, and not the Provider, will be responsible for the investigation,
defense, settlement and discharge of any such infringement claim;
● (h) You represent and warrant that you are not located in a country subject to a U.S. Government
embargo, or that has been designated by the U.S. Government as a “terrorist supporting”
country, and that you are not listed on any U.S. Government list of prohibited or restricted
● (i) Both you and TempMee Hygienists, INC acknowledge and agree that, in your use of the
Application, you will comply with any applicable third party terms of agreement which may
affect or be affected by such use; and
● (j) Both you and TempMee Hygienists, INC acknowledge and agree that the Provider and its
subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these
Terms, the Provider will have the right (and will be deemed to have accepted the right) to
enforce these Terms against you as the third party beneficiary hereof.
● (k) In the event you use the Application to provide you with real-time route guidance, YOUR USE
OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY
NOT BE ACCURATE.