Terms Of Use
These Terms of Use (the “Terms of Use”)
govern the use of the services (the "Service") offered by Dental Arts Practice (“Dental
Arts Practice,” “us” or “we” or “our”)
at the Web Site, http://www.dentalartspractice.com (the “Site”).
Please read these Terms of Use before using or continuing to use the Site or
Service. Use of the Site constitutes an agreement to all terms and
conditions in these Terms of Use. By using this Site or the Service you represent
and warrant that you accept and agree to be bound by all of the terms and
conditions contained herein and covenant to comply with these Terms of Use whether
you are a visitor or a Member (as defined below). If you object to anything
in these Terms of Use, do not use the Site or the Service. We reserve the
right to modify and update these Terms of Use at any time provided that we give
notice to you of any changes via email and/or by posting the amended Terms of Use
on the Site. Your use of the Service after such posting, or your failure to
terminate your account before the effective date of the revised version, will
constitute acceptance by you of the revised version of the Terms of Use.
Privacy
Use of the Site and Service is also governed by our
Privacy Policy located at the link in the bottom of our website
http://www.dentalartspractice.com incorporated into these Terms of Use by this
reference.
In order to cooperate with legitimate governmental requests,
subpoenas or court orders, to protect our systems and customers, to ensure the
integrity and operation of our business and systems and to improve the Site and
Service, we may access and disclose any information and content (either in your
account profile or in the course of using the Service) we consider necessary or
appropriate, including, without limitation, profile information (i.e. name, e-mail
address, etc.), IP addressing and traffic information, usage history, and posted
content.
General Terms & Transactions
Disputes Between Members.
If there are any issues between Members concerning advice, services received or
payment due, Members must deal directly with the other Member to resolve any
disputes. Publishers will not be held responsible and expressly disclaims
any liability whatsoever for any claims and/or controversies that may arise for
any disputes between Members.
Commercial Use Prohibition. The Site is
for the use of individual Members only and may not be used in connection with any
commercial endeavors (other than obtaining Chiropractic or Dental services)
without the express written consent of us in advance. Organizations, companies,
and/or businesses may only register as an Agency or advertiser and may not use the
Service or the Site for any illegal or unauthorized purpose, including, but not
limited to, collecting usernames and/or email addresses of members by electronic
or other means, unless express written permission from us is obtained in advance.
Your Account
Creating An Account. When you register for a profile,
you must complete the registration process by providing us with current, complete
and accurate information as prompted by the applicable registration form. The
information is used to identify you as a unique Member. In the event that we learn
that you have provided us with false or misleading information, we may
immediately, without notice, terminate your profile.
Account
Information is Unique to You. During the registration process, you may be
asked to create a unique profile name and a password that are specific to your
profile. You may not use a profile name that is used by someone else, is
vulgar or otherwise offensive (as determined by us), infringes any trademark or
other proprietary rights of others, or is used in any way that violates these
Terms of Use or any applicable codes of conduct or posted rules, instructions or
guidelines regarding the Service. You may not use anyone else’s
profile at any time. Your profile is personal to you and you may not
transfer to make available your profile to others. You are entirely
responsible for maintaining the confidentiality of your profile information
(including account names and passwords). Furthermore, you are entirely responsible
for any activity that occurs under your account. You agree to notify
immediately of any unauthorized use or theft of your profile or any other
breach of security. will not be liable for any loss that you may incur as a result
of someone else using your account, either with or without your knowledge.
You will be liable for losses incurred by or another party due to someone else
using your profile.
Termination of Your Account. You may delete
your account at any time. Additionally, may terminate your account
with the Site for any reason (including, without limitation, any breach of these
Terms of Use or any applicable policy posted on the Site from time to time),
effective upon sending notice to you at the then-current e-mail address in
yourprofile. You understand that termination of your profile, whether by us
or by you, may involve deletion of your profile information from our
databases. We will not have any liability whatsoever to you for any termination of
your profile or related deletion of you information. We reserve the right to
take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress in the event that any Member violates these Terms
of Use. All terms that by their nature may survive termination of your
account shall be deemed to survive such termination.
Conduct Within Public
Areas of Site
The Site may contain e-mail services, bulletin board services,
forums, communities or other message or communication facilities designed to
enable you to communicate and interact with other Members (the "Public Areas").
You agree to use the Public Areas only to post, send and receive messages and
materials that are proper and, when applicable, related to the particular Public
Area. We have no obligation to monitor the Public Areas, provided, however, we
reserve the right to review materials posted to the Public Areas and to remove any
materials at any time, without notice, for any reason and in our sole discretion.
We reserve the right to terminate or suspend your access to any or all of the
Public Areas at any time, without notice, for any reason whatsoever. You
acknowledge that postings and other communications by Members are not controlled
or endorsed by us, and such communications shall not be considered reviewed,
screened or approved by us. Statements made in postings, forums, bulletin boards
and other Public Areas reflect only the views of their authors. We specifically
disclaims any liability with regard to the Public Areas and any actions resulting
from your participation in any Public Areas.
You acknowledge and agree that
your communications with other Members via the Public Area or otherwise is public
and not private communications, and that you have no expectation of privacy
concerning your use of the Public Areas. You acknowledge that personal information
that you communicate on the Public Areas may be seen and used by others and result
in unsolicited communications; therefore, WE STRONGLY ENCOURAGE YOU NOT TO
DISCLOSE ANY PERSONAL INFORMATION ABOUT YOURSELF THROUGH THE PUBLIC AREAS. We are
not responsible for information that you choose to communicate to other Members
via the Public Areas, or for the actions of other Members.
Acceptable Use
Policy
You may not use the Site or Service for any illegal or unauthorized
purpose and you must not abuse, harass, threaten, impersonate or intimidate other
Members. You are solely responsible for your conduct and any content that you
submit, post or display on the Site. In furtherance of the foregoing, and by way
of example and not as a limitation, you agree that you may not access the Site or
use the Service in order to:
• Defame, abuse, harass,
stalk, threaten or otherwise violate the legal rights (such as, but not limited
to, rights of privacy and publicity) of others.
• Publish,
post, upload, distribute or disseminate any profane, defamatory, infringing,
obscene or unlawful topic, name, material or information.
•
To recruit for another website or service, solicit, advertise, or contact in
any form Members for employment, contracting, or any other purpose for a business
not affiliated with us without express written permission from us.
•
Use the Site or Service for any purpose which is in violation of local,
state, national, or international law.
• Upload files
that contain software or other material that violates the intellectual property
rights (or rights of privacy or publicity) of any third party.
•
Post content that contains viruses, Trojan Horses, worms, time bombs,
corrupted files or data, or any other similar software or Services that may damage
the operation of the Service or another's computer.
• Conduct
or forward surveys, contests, pyramid schemes, or chain letters.
•
Post the same note repeatedly (referred to as 'spamming'). Spamming is
strictly prohibited.
• Download any file posted by
another Member that a Member knows, or reasonably should know, cannot be legally
distributed through the Site.
• Restrict or inhibit
any other Member from using and enjoying the Site or Public Areas.
Information
Provided by Members
You are solely responsible for any information or
materials that you post on or transmit through the Site, and we merely acts as a
passive conduit for your online distribution and publication of your information
for the benefit of other Members. With respect to any information or materials
that you post on or transmit through the Site, you hereby represent and warrant to
us that (i) you are the owner or a licensee or otherwise have the right to provide
such information, (ii) such information shall not be false, inaccurate, misleading
or fraudulent; (iii) such information shall not infringe any third party's
copyright, patent, trademark, trade secret or other proprietary right or rights of
publicity or privacy; (iv) such information shall not violate any law, statute,
ordinance, or regulation (including without limitation those governing export
control, consumer protection, unfair competition, anti-discrimination or false
advertising); (v) such information shall not be defamatory, libelous, unlawfully
threatening, or unlawfully harassing; (vi) such information shall not be obscene
or contain child pornography or be harmful to minors; (vii) such information shall
not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other
computer programming routines that are intended to damage, detrimentally interfere
with, surreptitiously intercept or expropriate any system, data or personal
information; and (viii) such information shall not create liability for us or
cause us to lose (in whole or in part) the services of our ISPs or other partners
or suppliers. You hereby grant us a non-exclusive, worldwide, perpetual,
irrevocable, fully-paid, royalty-free, sublicensable (through multiple tiers)
right to exercise the copyright, publicity rights, and any other rights you have
in any information or materials that you post on or through the Site, in any media
now known or not currently known.
3rd Party Links
•
The Site may contain links from us to third-party sites on the Internet (“Third
Party Sites”). Your use of all such Third Party Sites are at your own
risk it is the responsibility of each Member to evaluate the content and
usefulness of the information obtained from Third Party Sites. Members
further acknowledge that use of any Third Party Sites is governed by the terms and
conditions of use for those websites, and not by our Terms of Use. We
are not responsible for the content, business practices or privacy policies, or
for the collection, use or disclosure of any information that the Third Party
Sites may collect. To the extent such links are provided by us, they are provided
only as a convenience, and such link to a Third Party Site does not imply our
endorsement, adoption or sponsorship of, or affiliation with, such Third Party
Sites. We do not accept any responsibility for reviewing changes or updates to, or
the quality, content, policies, nature or reliability of Third Party Sites, or
websites linking to the Site.
Disclaimer of Warranties
•
We are not responsible for any incorrect or inaccurate content posted on the
Site. We are not responsible for the conduct, whether online or offline, of any
Member/User while using the Services. Under no circumstances shall we be
responsible for any loss or damage, including personal injury or death, resulting
from use of the Services or from any content posted on the Site by us or
transmitted to Members/Users, or any interactions between Members/Users, whether
online or offline.
• USE OF THIS SITE IS AT THE
USER'S SOLE RISK AND USE OF THE SERVICE IS AT THE MEMBER’S/USERS SOLE RISK.
THE SITE AND SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THE TIMELINESS, ACCURACY OR
COMPLETENESS OF THE SITE, THE INFORMATION APPEARING ON THE SITE OR THAT THE
SERVICE WILL MEET YOUR REQUIREMENTS. WE DO NOT WARRANT OR GUARANTEE THAT
ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THE SITE WILL BE ERROR-FREE; NOR
DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE
PROVIDED THROUGH THE SITE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE
OR OFFLINE, OF ANY USER OF THE SITE OR SERVICE.
Indemnification
• By accessing this
Site, you agree to indemnify, defend, and hold harmless Dental Arts Practice, the
site’s hosting company, publishers and its affiliates and each of their
respective directors, officers, employees, agents, licensors, attorneys,
independent contractors and providers (collectively referred to herein as “Indemnified
Parties”) from and against any and all claims, losses, expenses or demands
of liability, including attorneys' fees and costs incurred by any us. Indemnified
Party in connection with any claim (including any third-party intellectual
property claim) arising out of: (i) information, materials and content submitted,
posted or transmitted by you on or through the Site, or (ii) your use of the Site
and Service as a whole, and (iii) your breach of any provision of these Terms of
Use. You further agree that you will cooperate with us as is reasonably
required in the defense of such claims. Indemnified Parties and affiliates reserve
the right, at their own expense, to assume the exclusive defense and control of
any matter otherwise subject to your foregoing indemnification obligations, and
you shall not, in any event, settle any claim or matter without the written
consent of us.
Release
• You hereby
release us and affiliates and each of their respective directors, officers,
employees, agents, licensors, attorneys, independent contractors and providers
from all claims, demands, or damages (actual or consequential) of every kind and
nature, known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with (i) any information, content,
statement or materials delivered through Site but which was posted or otherwise
provided by a Member or Third-party Site, or (ii) your use of the Site or Service.
• If you are a California resident, you
hereby waive California Civil Code Section 1542, which states: "A general release
does not extend to claims which the creditor does not know or suspect to exist in
his favor at the time of executing the release, which, if known by him must have
materially affected his settlement with the debtor."
Limitation of
Liability
• YOU ACKNOWLEDGE AND AGREE THAT WE ARE
NOT LIABLE FOR ANY ACT OR FAILURE TO ACT OR CONTENT ON THE SITE OR ARISING OUT OF
THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY
DISPUTE WITH US IS TO STOP USING THE SITE AND SERVICE. WE DO NOT ENDORSE, WARRANT
OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SITE AND WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
•
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT
OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES
ARISING FROM YOUR USE OF THE SITE OR SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, Dental Arts Practice’s LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM
OR RELATED TO (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION),
WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED US DOLLARS ($100).
Intellectual
Property Rights
• All text, graphics, editorial
content, data, formatting, graphs, designs, HTML, look and feel, photographs,
music, sounds, images, software, videos, designs, typefaces and other content
(collectively “Proprietary Material”) that users see or read on the
Site is owned or licensed by us or the hosting company. Proprietary Material
is protected in all forms, media and technologies now known or hereinafter
developed. Except as otherwise expressly provided herein, Members or users
may not copy, download, use, redesign, reconfigure, or retransmit anything from
the Site without our or the hosting company’s prior express written
permission. Furthermore, Members/users are not allowed to post or distribute any
material that they do not own, or which they do not have permission to use.
Violation of this policy may result in copyright, trademark or other intellectual
property rights violations and liability, and subject Members to termination from
the use of this Site or civil or criminal penalties.
Limitations on
Use
• In the interest of maintaining the
performance and availability of the Site and in enforcing these Terms of Use, we
reserve the right to place certain limitations on Member's/Users access to the
Site and certain site features. These limitations may include (but are not limited
to) the number of messages sent through the system and the number of Members/Users
to whom a message can be sent. Members/Users acknowledge that this term supersedes
any specific offer made by us and that these limitations may be enforced at our
sole discretion.
Arbitration
• Any
controversy or claim arising out of or relating to an alleged breach of these
Terms of Use or the operation of this Site shall be settled by binding arbitration
in accordance with the commercial arbitration rules of the American Arbitration
Association before a single arbitrator. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The arbitration
shall be conducted in Walnut, CA. Either you or us may seek any interim or
preliminary relief from a court of competent jurisdiction necessary to protect the
rights of property for you or Dental Arts Practice pending the completion of
arbitration. The arbitrator shall not have the authority, power, or right to
alter, change, amend, modify, add, or subtract from any provision of these Terms
Of Use or to award punitive damages. The arbitrator shall have the power to issue
mandatory orders and restraining orders in connection with the arbitration. The
award rendered by the arbitrator shall be final and binding on the parties, and
judgment may be entered thereon in any court of competent jurisdiction.
General
Provisions
• Failure by us to enforce any
provision(s) of these Terms of Use shall not be construed as a waiver of any
provision or right. These Terms of Use, and all other aspects of use of the Site,
shall be governed by and construed in accordance with the laws of the State of CA,
without regard to its conflict of laws rules. Any controversy or claim that is not
subject to the Arbitration provision set forth in these Terms of Use, shall be
exclusively brought in the federal, state, or local courts located in Walnut, CA;
and, with regard to such claims and disputes, Members hereby irrevocably (i)
submit to the exercise of personal jurisdiction over them by these courts, and
(ii) waives any jurisdictional, venue or inconvenient forum objections to such
courts. These Terms of Use, and any additional terms referenced herein, constitute
the entire agreement between Members/Users and Dental Arts Practice with respect
to the Site and Service. If any provision of these Terms of Use is found to be
invalid or unenforceable, the remaining provisions shall be enforced to the
fullest extent possible, and the remaining Terms of Use shall remain in full force
and effect. These Terms of Use inure to the benefit of Dental Arts Practice its
successors and assigns. Members/users are not legally affiliated with us in any
way merely by virtue of their membership or usage of our Site or Service other
than as might be described by these Terms of Use, and no independent contractor,
partnership, joint venture, employer-employee or franchiser-franchisee
relationship is intended or created by these Terms of Use. We are not an
employment service and does not serve as an employer of any Member that may use
this Site.
Copyright/Trademark Information. All rights reserved. The
trademarks, logos and service marks ("Marks") displayed on the Site are our
property or the property of other third parties. You are not permitted to use
these Marks without our or the hosting company’s prior written consent or
the consent of such third party which may own the Mark.
Last updated:
July 2011
