Application Terms & Conditions
I hereby certify that I have not knowingly withheld any information that might adversely affect my initial chances for employment and that the answers given by me are true and correct. I further certify that I, the undersigned applicant, have personally completed this application. I understand that any omission or misstatement of material fact on this application or on any document used to secure employment shall be grounds for rejection of this application or for immediate discharge if I am employed, regardless of the time elapsed before discovery. I further understand that this application will remain active until the position I have applied to has been filled. After that time, if I desire further consideration, I will resubmit my application.
I hereby authorize Las Vegas Digital Dental Solutions to thoroughly investigate my references, work record, education and other matters related to my suitability for employment and, further, authorize the references I have listed to disclose to the Company any and all letters, reports and other information related to my work records, without giving me prior notice of such disclosure. In addition, I hereby release the Company, my former employers and all other persons, corporations, partnerships and associations from any and all claims, demands or liabilities arising out of or in any way related to such investigation or disclosure.
I understand, where permissible under applicable state and local law, I may be subject to a pre-employment background check, drug test and/or medical examination after receiving a conditional offer of employment, and must meet the qualifications of the position, with or without reasonable accommodation, before being permitted to commence work with Las Vegas Digital Dental Solutions. I understand that Riverside has a zero-tolerance policy regarding alcohol and drug use as prohibited by federal law, including marijuana. I understand that a separate disclosure and consent form will be provided to me prior to any background check, credit check, medical examination, or release of driving record.
I understand that nothing contained in the application, or conveyed during any interview which may be granted or during my employment, if hired, is intended to create an employment contract between me and the Company. In addition, I understand and agree that if I am employed, my employment is for no definite or determinable period and may be terminated at any time, with or without prior notice, at the option of either myself or the Company and that no promises or representations contrary to the foregoing are binding on the Company.
MUTUAL AGREEMENT TO ARBITRATE CLAIMS
This Mutual Agreement to Arbitrate Claims (“Agreement”) is made and entered as of the date signed below (the “Effective Date”), by and between Las Vegas Digital Dental Solutions and any of its affiliates, subsidiaries or related entities (the “Company”) and you (“Employee” or “You”) (the Company and You are collectively referred to in this Agreement as the “Parties”).
A. Intent of Agreement
The Company and You agree that this Agreement will govern the resolution of all disputes, claims or any other matters arising out of or relating to Your application or employment relationship with the Company. This Agreement includes any claims or disputes that You may have against the Company or against any of its officers, directors, employees, agents, or parents, subsidiaries or affiliated companies, or any claims or disputes the Company may have against You. The Parties shall resolve all disputes arising out of the employment relationship in accordance with this Agreement.
Consistent with its policies, the Company will not retaliate against you for raising good-faith complaints to your supervisor, to Human Resources, or anyone else at the Company for initiating the arbitration process or for talking with non-employees or outside groups.
Please note that, by signing this Agreement, You Ð (the employee Ð) agree to arbitrate all legal disputes between you and the Company as described below instead of litigating such disputes in court and in front of a jury.
B. Mutual Agreement to Arbitrate
Except for the claims expressly set forth in the paragraph below, the Company and You mutually agree to arbitrate any and all disputes, claims, or controversies (“Covered Claims”) against the other that could be brought in a court arising out of your relationship with the Company, including, but not limited to, all claims arising out of Your application, Your employment, the cessation of employment, and any claim that could have been brought before any court by You or the Company. This Agreement includes, but is not limited to, claims under the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, as amended; the Fair Labor Standards Act; the Family and Medical Leave Act; the Americans with Disabilities Act of 1990; Section 1981 through 1988 of Title 42 of the United States Code; the California Fair Employment and Housing Act; the California Family Rights Act; the California Labor Code; the California Civil Code; the California Wage Orders; California Pregnancy Disability Leave; the California Government Code; any federal, state or local laws, regulations, or statutes prohibiting employment discrimination (such as, without limitation, race, religious creed, religious observance, color, age, sex, sexual orientation, gender identity, gender expression, national origin, ancestry, marital status, medical condition as defined by applicable state or federal law, disability genetic information or predisposition, military service, military and veteran status, pregnancy, childbirth and related medical conditions, or any other classification protected by federal, state, and local laws and ordinances), harassment of any kind and retaliation; any alleged or actual agreement, contract or covenant (oral, written or implied) between you and the Company; any Company policy or compensation or benefit plan, unless the decision in question was made by an entity other than the Company; any public policy, including but not limited to, whistle blower or Business and Professions Code claims; any federal, state or local wage and hour laws; or any other federal, state or local law, order, ordinance or regulation, or any claims based on any public policy, contract, tort, or common law, or any claims for costs, fees, or other expenses or relief, including personal, emotional, physical or economic injuries, attorney’s fees. Notwithstanding the foregoing, however, the Parties agree this Agreement does not apply to claims for worker’s compensation benefits to remedy work-related injury or illness or for unemployment insurance benefits.
Claims not specifically covered by this Agreement are: (i) claims based upon the Company’s current (successor or future) stock option plans, employee pension and/or welfare benefit plans if those plans contain some form of a grievance, arbitration, or other procedure for the resolution of disputes under the plan; (iv) claims by federal law which are not subject to mandatory binding pre-dispute arbitration pursuant to the Federal Arbitration Act, such as claims under the Dodd-Frank Wall Street Reform Act; and (v) representative claims under the California Labor Code Private Attorneys General Act of 2004, California Labor Code sections 2698, et seq. Nothing in this Agreement shall be interpreted to mean that employees are precluded from filing complaints with any state agency, including but not limited to the California Department of Fair Employment and Housing and/or federal Equal Employment Opportunity Commission and National Labor Relations Board. However, employees shall not be entitled to seek or receive any monetary compensation as a result of any proceeding arising from the filing of any such charge and/or participating in an investigation resulting from the filing of a charge with the EEOC and/or state or local human rights agency. This Agreement is governed by the Federal Arbitration Act, to the maximum extent permitted by applicable federal and state laws. If for any reason the FAA is deemed inapplicable, only then will this Agreement be governed by the applicable state arbitration statutes.
Statutory or common law claims made outside of the state employment insurance system alleging the Company retaliated or discriminated against an individual for filing a state employment insurance claim, however, shall be subject to this Agreement.
The Parties agree to be mutually obligated to arbitrate all claims as set forth above. This means that both you and the Company are bound to use arbitration to resolve all claims as set forth above. No remedies that otherwise would be available to you individually or to the Company in a court of law, however, will be forfeited by virtue of this agreement to use and be bound by this Agreement.
You may wish to review this Agreement with legal counsel. The Company encourages you to do so.
C. Class Collective Action Waiver, Jury Waiver and Administrative Charges
The Parties agree all claims must be pursued in arbitration on an individual basis only, and on an individual basis is the exclusive remedy. Neither You nor the Company may submit a multi-plaintiff, class, collective or representative action for resolution under this Agreement, and no arbitrator has authority to proceed with arbitration on such a basis. You may not participate as a member or representative in any multi-plaintiff, class, collective or representative action against the Company, and are not entitled to any recovery in such an action in any forum. Any disputes concerning the validity of this multi-plaintiff, class, collective and representative action waiver will be decided by a court of competent jurisdiction, not by the arbitrator. In the event this waiver is found to be unenforceable as to a particular claim, then this class/collective/representative action wavier is inapplicable to that claim only and any such claim brought on a multi-plaintiff, class, collective or representative basis must be filed in a court of competent jurisdiction, and such court shall be the exclusive forum for all such claims. Representative claims under the California Labor Code Private Attorneys General Act of 2004, California Labor Code sections 2698, et seq. must be filed in a court of competent jurisdiction, and such court shall be the exclusive forum for all such claims.
While the Company will assert that You have agreed to pursue all claims individually in arbitration, except as detailed herein, and may ask a court to compel arbitration of each individual’s claims, to the extent the filing of such an action is protected concerted activity under the National Labor Relations Act, such filing will not result in You or other employees being subject to threats, discipline, retaliation or discharge.
Agreement to consolidate claims and/or to hear a collective or class action and/or to hear a representative or group claim and/or hear a private attorney general claim.
The Company and You waive the right to a court or jury trial with respect to all covered claims as defined in this Agreement.
Nothing herein limits Your right and the rights of others to engage in protected concerted activity under the National Labor Relations Act.
D. Severability and Related Issues
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all, or any part of this Agreement, is void or voidable, except any determination as to the enforceability of the class/collective action waiver set forth above in Section C shall be made solely by a court and subject to appellate review of any trial court’s findings. If an arbitrator finds any other provision of this Agreement to be unenforceable, the arbitrator shall interpret or modify this Agreement, to the extent necessary, for it to be enforceable, subject to the provisions of this paragraph. If the arbitrator is unable to interpret or modify the offending provision to make it enforceable, the arbitrator shall sever the provision from the remainder of the Agreement. This Agreement shall be self-amending; meaning if by law or common law a provision is deemed unlawful or unenforceable, that provision and the Agreement automatically, immediately and retroactively shall be amended, modified, altered, and/or severed to be enforceable.
E. The Arbitration Process
The arbitration shall be brought before the American Arbitration Association (“AAA”). The arbitration shall be heard by a single neutral and reasonably mutually acceptable arbitrator in accordance with the AAA Employment Arbitration Rules and Mediation Procedures then in effect (“AAA Rules”). If the AAA Rules are inconsistent with the terms of this Agreement, the terms of this Agreement shall govern. The Company will pay the arbitrator’s fee for the proceeding, as well as any filing fee, administrative fee or other charge by the AAA. Except as may otherwise be provided for in the arbitrator’s award, each party shall pay their respective attorneys’ fees, if any. The arbitrator shall allow the Parties to conduct adequate discovery (including but not limited to depositions, interrogatories, requests for documents and requests for admission) to pursue any Claims. The arbitrator shall determine the adequacy of discovery, subject to limited court review under the California Arbitration Act. The decision or award of the arbitrator shall be in writing and signed by the arbitrator, shall provide the essential findings and conclusions on which the award is based, and shall be final and binding upon the Parties. The arbitrator shall have the power to award any type of legal or equitable relief that would be available should the claim(s) be heard in a court of competent jurisdiction including, but not limited to, injunctive relief, restitution, rescission, damages, punitive damages, costs of litigation, and attorney’s fees when such equitable relief, damages, costs, or fees are available under applicable law. Because any arbitral award may be entered as a judgment or order in any court of competent jurisdiction, any relief or recovery to which you may be entitled upon any claim (including without limitation those arising out of employment, cessation of employment, or any claim of unlawful discrimination) shall be limited to that awarded by the arbitrator.
The Parties understand that any claim for arbitration will be timely only if brought within the time in which an administrative charge or complaint could have been filed if the claim is one which could be filed with an administrative agency. If the arbitration claim raises an issue which could not have been filed with an administrative agency, then the claim must be filed within the time set by the appropriate statute of limitations.
The arbitrator will be selected in accordance with the AAA rules. If You wish to receive a copy of the AAA Rules, You may request a copy from Your supervisor at Your work location or by contacting the Company’s Human Resources Department. You may also contact the AAA directly (toll-free via (800) 778-7879) to obtain a copy of these rules or obtain them from AAA’s website (www.adr.org). The arbitration shall be venued aAt the AAA office nearest to the Company work location that you are applying or the Company location where you are working. The Parties will cooperate in scheduling the arbitration proceedings. Nothing in this paragraph shall prohibit or limit the Parties from seeking provisional relief in lieu of or in addition to arbitration at any time directly from a court of competent jurisdiction, as provided by and consistent with federal or state law, without waiving the right to arbitration. The arbitrator cannot modify any of the provisions of this Agreement.
Either Party may commence the arbitration process by filing a written demand for arbitration with AAA, and sending a copy by personal delivery or certified mail to the other Party. If You initiate the arbitration process, You must send the notice to the Company to the attention of the Director of Human Resources at 4141 MacArthur Boulevard, Newport Beach, CA 92660. If the Company initiates arbitration, it will send a copy of the written demand for arbitration to Your last known home address as reflected in the Company’s personnel records.
The arbitrator’s authority shall be limited to deciding the case submitted for arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations.
The arbitrator shall apply the applicable substantive law, including the conflicts of law, of the state in which the employee is or was employed at the time of the events which gave rise to the case submitted for arbitration. For claims or defenses arising under or governed by federal law, the arbitrator shall follow the substantive law as set forth by the United States Supreme Court. If there is no controlling United States Supreme Court authority, the arbitrator shall follow the substantive law that would be applied by the United States Court of Appeals or the United States District Court for the district in which the employee was employed at the time of the events which gave rise to the arbitration.
The arbitrator’s decision shall be final and binding upon the Parties, except as provided in this Agreement.
The Company has access to legal advice through its internal and external lawyers. You may consult with a lawyer or any other advisor of Your choice. You are not required, however, to hire a lawyer or advisor to participate in arbitration. We recommend it, but it is Your choice.
F. Other Provisions of This Agreement
Neither the terms nor conditions described in this Agreement are intended to create a contract of employment for a specific duration of time. Employment with the Company is voluntarily entered into, and You are free to resign at any time. Similarly, You or the Company may terminate the employment relationship at any time for any reason, with or without prior notice. This at-will employment relationship between You and the Company can only be changed by an express written agreement, individually or collectively, signed by the CFO of the Company AND You or Your representative. This Agreement shall survive the termination of Your employment.
To the extent any of the provisions herein conflict with any AAA Rules, the express provisions of this Agreement shall prevail. The Company will not modify or change this agreement without notifying You and obtaining Your consent to such changes, although the AAA Rules may be modified from time to time as required or permitted by applicable law.
G. The Consideration for the Agreement and Agreement
In addition to the consideration of this being a mutual agreement to arbitrate, the Company agrees to pay for any administrative filing fees that AAA may impose on You to initiate arbitration under this Agreement. As further consideration, the Company agrees to pay all fees charged by the arbitrator for his or her services, including travel, lodging, and meal costs. Further, the Company agrees that if it prevails at the arbitration, it shall not seek or pursue costs from You, even if at law it would otherwise be entitled to pursue such costs. Each party shall bear its own attorney’s fees; however, it is understood that the arbitrator will have the same power to award attorney’s fees to the prevailing party as a court would have with respect to the same claims.
It is also agreed that Your continued employment and/or Your accepting employment with the Company subsequent to this Agreement’s implementation shall constitute consideration for this Agreement. The Parties agree that the consideration set forth in this Section G is wholly adequate to support this Agreement.
H. Your Right To Opt Out Of This Agreement
You have the right to opt out of this Agreement (i.e. not be bound by it). However, to do so, You must send a written notice to the Company of Your decision to opt out, and You must do so not later than 30 days after Your application date, or, if you are hired, 30 days after your hire date. Your notice should be mailed to the Company and postmarked within the applicable 30-day period. Please mail Your opt out notice to: Director of Human Resources, 4141 MacArthur Boulevard, Newport Beach, CA 92660.
If You do not send a timely, written opt out notice to the Company, You will be bound by this Agreement.
I. Entire Agreement and Amendments
This Agreement contains the complete agreement between You and the Company regarding the subjects covered in it, and supersedes any prior or inconsistent agreements that might exist between You and the Company. This Agreement can be amended only by a written agreement between the Parties. You will receive a copy of Your signed Agreement. The original will be maintained by the Company. Both the original and copy have the same force and effect.
PLEASE NOTE: YOU WILL HAVE 30 DAYS AFTER YOUR APPLICATION DATE, OR, IF YOU ARE HIRED, 30 DAYS AFTER YOU ARE HIRED, TO “OPT OUT” OF ARBITRATION. MORE INFORMATION ABOUT HOW YOU OPT OUT IS DESCRIBED ABOVE IN SECTION H. HOWEVER, IF YOU DO NOT OPT OUT, YOU WILL BE BOUND BY THIS AGREEMENT IF YOU CONTINUE WORKING FOR THE COMPANY AFTER THE 30 DAY OPT OUT PERIOD HAS EXPIRED.
I KNOWINGLY AND FREELY AGREE TO THIS MUTUAL AGREEMENT TO ARBITRATE CLAIMS, WHICH OTHERWISE COULD HAVE BEEN BROUGHT IN COURT.
If you would like a copy of this agreement Agreement in another language, please contact your supervisor, Payroll Representative or Human Resources Representative prior to signing below.
Nếu bạn muốn có một bản sao của bản thoả thuận này bằng một ngôn ngữ khác, xin liên lạc với giám thị của mình, Đại Diện Ban Lương Bổng, hoặc Đại Diện Ban Nhân Lực trước khi ký vào dưới đây.
본 협정의 다른 언어로된 사본을 원할 경우, 아래에 서명하기 전에, 상사, 급여담당자 또는 인사부 담당자에게 문의 바랍니다.
Si usted desea recibir una copia de este convenio en otro idioma, comuníquese con su supervisor, representante de nómina o de Recursos Humanos antes de firmar a continuación.
Applicant Notice About Your Personal Information
This Notice explains your rights under the California Consumer Privacy Act of 2018 (“CCPA”) (Cal. Civ. Code § 1798.100 et seq.) and helps you understand how Las Vegas Digital Dental Solutions (“LVDDS”) collects, stores, uses, shares, and secures your personal information in compliance with the CCPA. In this Notice, the terms “LVDDS,” “company,” ”us,” “we,” and “our” refer to Las Vegas Digital Dental Solutions and its affiliates and subsidiaries.
2. Who This Notice Applies To
The CCPA provides certain rights to job applicants at LVDDS (“applicant” or “you”). Additionally, the CCPA protects the personal information you provide LVDDS on other individuals, like an emergency contact’s personal information.
3. What We Collect and Why
As further described in the table below, the company collects information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with applicants (“Personal Information”). Personal Information does not include publicly available information from government records, deidentified information, or aggregated information.
The following chart details the purposes for which we collected Personal Information in the last twelve (12) months, and the categories of information we collected for each purpose. LVDDS will not collect additional categories of Personal Information or use the Personal Information we collected for materially different purposes without first providing you notice.
|Personal Information LVDDS Collected|
|Recruiting and Hiring|
4. Where We Get Your Personal Information From
We collect your Personal Information from the following sources:
- You: Primarily, we collect Personal Information directly from you in the application process.
5. When We Share Your Personal Information
LVDDS does not and will not sell your Personal Information to third parties. LVDDS may disclose your Personal Information to businesses and service providers in connection with processing your application. For example, LVDDS may share your information with a third party business that helps us perform background checks.
6. Rights to Request Under CCPA Effective January 1, 2021
You do not have rights to make requests under CCPA until January 1, 2021. Effective January 1, 2021, you will have the right to request additional information about what LVDDS has collected about you, request a copy of your Personal Information, and request to delete certain Personal Information. LVDDS will update applicant request rights as they become effective in 2021.
7. How We Retain Your Personal Information
To the extent permitted by applicable law, LVDDS will retain your Personal Information in accordance with our retention schedule, and only for as long as the company believes it is necessary to fulfill the purposes for which it was collected, including for the purpose of meeting any legal, accounting, or other reporting requirements or obligations, and other legitimate and essential business purposes.
8. How You Are Protected Against Discrimination and Retaliation
LVDDS will not unlawfully discriminate against you for exercising any of your rights under the CCPA. This commitment applies to all persons involved in LVDDS operations and prohibits unlawful discrimination by any employee of LVDDS. Anyone found to be engaging in unlawful discrimination will be subject to disciplinary action, up to and including termination of employment. If you have questions or concerns about any type of discrimination or retaliation, please contact LVDDS’s Human Resources Department.
Nothing in this Notice restricts LVDDS’s ability to otherwise:
- Comply with federal, state, or local laws;
- Comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities;
- Cooperate with law enforcement agencies concerning conduct or activity that the business, service provider, or third party reasonably and in good faith believes may violate federal, state, or local law; or
- Exercise or defend legal claims.
10. Changes to this Notice
This Notice is reviewed and updated annually to ensure it accurately captures our practices and procedures. The effective date of each version of this Notice is identified below.
11. Resolving Concerns and How to Contact Us
If you have questions or concerns regarding this Notice or the handling of your Personal Information, please contact HR@lvddslab.com or call (949) 222-3551. Alternatively, you may report concerns or complaints, including information about potential data breaches involving Personal Information to the Legal Department at Debbie.Battani@glidewelldental.com.
Effective January 1, 2020