Effective Date: August 3, 2016
1. YOUR ACCEPTANCE
2. NEUTRAL VENUE
a) Venue. The Site helps private practice dentists find and contract with quality local dental specialists who will travel to the dentist’s office to perform specific specialty dental treatments. This allows the dentist to recapture significant lost treatment revenue associated with the tradition of referring patients to outside specialty dental professionals. We make no warranties as to the validity or quality of any proposal or dental specialist. Users who represent themselves as dentists or dental specialists must maintain have active licenses and insurance according to the laws of their individual state. OUR SITE IS A NEUTRAL VENUE. WE DISCLAIM ALL LIABILITY ARISING OUT OF OR RELATED TO USERS’ CONDUCT, TRANSACTIONS, INFORMATION PROVIDED TO OR BY THE SITE USERS. WE ARE NOT A HIPAA “COVERED ENTITY” BECAUSE WE DO NOT USE OR DISCLOSURE PROTECTED HEALTH INFORMATION. SITE USERS WHO ARE INVOLVED IN THE USE OR DISCLOSURE OF PROTECTED HEALTH INFORMATION ARE SOLELY RESPONSIBLE FOR THEIR COMPLIANCE WITH HIPAA AND ALL OTHER APPLICABLE LAWS AND REGULATIONS.
3. INTELLECTUAL PROPERTY
a) Our IP. All Site contents, registered and unregistered trademarks, designs, information and images (the “Intellectual Property”) belong to us and our content suppliers. The Intellectual Property is protected by U.S. and international trademark, copyright, privacy, and other intellectual property laws. You obtain no interest in that Intellectual Property, provided, however, that you may download and view or print a copy of materials on this Site for personal use as long as you do not modify any content (including any copyright notice) in any way. All rights not expressly granted under these Terms are reserved by us. Unless expressly stated otherwise, you shall not copy, reproduce or replicate any Intellectual Property. We have the right but not the obligation to monitor and edit or remove any content submitted by users. We take no responsibility and assume no liability for any content posted by users or any third party.
b) License to Your Content. By transmitting or uploading any content to our Site, you grant us a perpetual, unlimited, irrevocable, royalty-free, worldwide license to use, reproduce, adapt, display, perform, modify, transmit, translate, distribute, and create derivative works of your content; to make, have made, sell or otherwise distribute any of your submitted content. You further represent and warrant that you have the right, title, and/or authority to grant such license to us.
c) Copyright Infringement Claims. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights. You agree that you will not use our Site to infringe anyone’s intellectual property rights. We will investigate copyright infringement claims if they are reported to us to email@example.com
4. YOUR OBLIGATIONS
By using this Site, you represent, warrant and agree that:
a) If you place an order, you have a full capacity to form a legally binding contract.
b) You will provide valid payment method information when necessary and pay all sums due when due. You will not use payment methods which you are not authorized to use. You will not use a fake identity or at any time misrepresent your personal, professional or practice identity.
c) You will not create duplicate accounts and you will not share your account with anyone other than individuals who are employed by your practice or organization. Anyone using your account will be assumed to be doing so with your express authorization. You are solely responsible for all activity that occurs under your account.
d) Our Site may contain typographical errors or other inaccuracies.
e) Submission of untruthful reviews, posts, articles or other content may result in account termination. We may reject or erase or edit any content submitted for any reason without prior notice to you, within our sole reasonable discretion. All content you submit to our Site is free of third party intellectual property claims and contains no vulgar, profane, defamatory, abusive, racist or hateful language or expressions. You will only submit true, complete and not misleading information to the Site.
f) Our Site content may not be copied for republication, either online or on paper, without our prior express written permission.
g) You will not submit unsolicited bulk or commercial messages ("spam") to our Site, other users or anyone else. Any unsolicited message must also not direct the recipient to any third party site or other resource.
h) You will not access our Site in order to gain a competitive advantage.
i) You will only use the Site for legal purposes and you will remain responsible for complying with all laws (including, without limitation, HIPAA) applicable to your use of the Site.
k) We have the right to refuse access, service or disable your account on our Site at any time for any reason or no reason without notice, explanation or liability of any kind.
l) You may not use any web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic process to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content.
m) You will not interfere with the proper working of the Site. You will not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that infringes or violates another party's intellectual property rights and rights of privacy and publicity.
5. REMEDIES FOR BREACH OF THESE TERMS
b) Since we cannot ensure that all material submitted to us is accurate and free of third party claims, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
a) USE OF THIS SERVICE AND ITS CONTENTS IS AT YOUR OWN RISK. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED "AS IS". YOU MUST NOT RELY ON ANY CONTENT PUBLISHED ON OR LINKED TO THIS SITE WITHOUT FIRST MAKING YOUR OWN ENQUIRIES TO VERIFY IT IS ACCURATE, CURRENT AND COMPLETE. WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, ARISING OUT OF OPERATION OF LAW, COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED
WARRANTIES AND CONDITIONS OF: MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; SAFETY; QUALITY; FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED; UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE USE OF THIS SITE; OR ACCURACY, CURRENCY, RELIABILITY, COMPLETENESS OR APPROPRIATENESS RELATING TO THE CONTENT OF THIS SITE.
b) WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100). NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE UNDERLYING CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION, OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.
8. GOVERNING LAW
These Terms and any action related thereto will be governed by the laws of California without regard to its conflict of laws provisions that would result in application of any other law. You consent to the exclusive jurisdiction and venue of the courts of Irvine, CA in connection with any matter based upon or arising out of these Terms or the matters contemplated herein.
a) Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of the Site ("Communications"), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Site.
b) Hyperlinks. You may link to our Site, as long as this is done in a fair way that does not negatively affect our reputation or business and does not suggest any form of association where there is none. You cannot frame our Site on any other website. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking to terminate immediately.
c) Assignment. We may transfer, assign or subcontract the rights, interests or obligations under these Terms, at our sole discretion, without obtaining your consent.
f) Prevailing Language. In the event of any discrepancy between the English original version of these Terms and any foreign language translation, the English version prevails.