TERMS AND CONDITIONS OF USE
WE ASK THAT YOU READ THE FOLLOWING TERMS AND CONDITIONS OF USE, WHICH CONSTITUTE A LICENSE THAT COVERS YOUR USE OF THIS SITE AND ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE ("AGREEMENT"). BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE
DO NOT USE THIS SITE.
USE OF WEB SITE
This Web site is provided solely for the use of current and future customers of
The Gentle Dentist (the “Company”), to provide you with information about the
Company, to permit you to place orders for our products and services, and to enable
you to contact us with any questions or comments that you may have. We grant you a
non-exclusive, non-transferable, limited right to access, use and display this Web site
and the materials on the site for your personal, non-commercial use, provided that you
fully comply with the provisions of this Agreement. Any other use of this site is
prohibited. By way of example, you should not use any features of this site that permit
communications or postings to post, transmit, display, or otherwise communicate:
- any defamatory, threatening, obscene, harassing, unlawful or otherwise
objectionable information;
- any advertisement, solicitation, spam, chain letter, or other similar type of
commercial solicitation or information;
- any encouragement of illegal activity;
- unauthorized use or disclosure of private, personally identifiable
information of others, including user names or passwords;
- any materials that are not your own, that you do not have a right to, that are confidential or that are subject to trademark, copyright, trade secret,
right of privacy or other laws protecting any materials or data of others in
the absence of a valid license or other right to do so; or
- any materials that contain software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality of
computer softer or hardware or telecommunications equipment.
WEB SITE CONTENT AND OWNERSHIP
The information contained on this site, including all images, designs,
photographs, writings, graphs, data, and other materials ("Materials") are the property of
the Company and are protected by copyrights, trademarks, trade secrets, or other
proprietary rights. Permission is granted to display, copy, distribute, download, and print
portions of this site solely for the purposes of using this site for the authorized uses
described above. Except as provided in this Notice, the Company does not grant you
any express or implied right in or under any patents, trademarks, copyrights, or trade
secret information. The Company’s commercial partners, suppliers, advertisers,
sponsors, contractors and other third parties may also have proprietary rights in the
content that they make available on this Web site. You may not modify, publish,
transfer, sell, create derivative works or, or in any other way exploit any of that content,
in whole or in part.
REGISTERED USER
You do not have to register to use this Web site. However, if you do not register,
you may be precluded from using certain features of the Web site. If you elect to
become a registered user, you agree to provide true, accurate and complete information
and to maintain and promptly update the information that you provide. You agree not to
register for more than one account, create an account of behalf of someone else, or
create a false or misleading identity on this Web site. If you provide any information that
is untrue, inaccurate or incomplete, or if we have reasonable grounds to suspect that
you have, or if you violate any other of the Terms and Conditions of Use, we reserve the
right to suspend or terminate your account and refuse you any and all use of our Web
site (or any portion of the site).
SUBMISSIONS
If you send, email, post or otherwise transmit to us or to the Web site any
content, you grant the Company and our successors and assigns a royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, license, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute, derive revenue
or other remuneration from, communicate to the public, perform and display any content
(in whole or in part and with or without the use of your name) and to incorporate the
content into other works in any form, media or technology now known or later
developed, the for full term of any copyrights, trademarks and other intellectual and
proprietary rights that may exist in such content (collectively, the “Rights”). If you are not
the exclusive holder of all Rights in the content, you also warrant that any third party
holder of any Rights has completely and effectively waived all such Rights and validly and irrevocably granted to you the right to grant the license stated above.
You further acknowledge that the Company and its successors and assigns shall
be entitled to unrestricted use of the content for any purpose whatsoever, commercial or
otherwise, without compensation to the provider of the content. Except as provided in
our Privacy Policy, none of the content shall be subject to any obligation or confidence
on our part, and we shall not be liable for any use or disclosure of the content.
PARENTAL OR GUARDIAN PERMISSION
Some of the content on the Web site may not be appropriate for children.
CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEB
SITE. We strongly recommend that children between the ages of 13 and 18 ask for
their parent’s or guardian’s permission before viewing our Web site.
DISCLAIMER OF WARRANTY
You expressly agree that use of this Web site is at your sole risk. Neither the
Company, its affiliates, nor any of their officers, directors, employees, agents, third-party
content providers, or licensors (collectively, "Providers"), warrant that this site will be
uninterrupted or error-free; nor do they make any warranty as to the results that may be
obtained from the use of this site, or as to the accuracy, completeness, reliability,
security, or currency of the Materials.
Despite our best efforts, the Web site may contain errors, omissions,
inaccuracies, or outdated information. The Company does not warrant reliability of any
statement or other information displayed or distributed through the site. The Company
reserves the right, in its sole discretion, to correct any errors or omissions in any portion
of the site or to make any other changes to this site, the Materials and the products,
programs, services, or prices (if any) described in this site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS
SITE ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "WHERE AVAILABLE"
BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE
CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST
EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY EXPRESSLY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH
RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS
SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD,
OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY,
INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF
INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE
DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER
MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS
AGREEMENT.
LIMITATION OF LIABILITIES
YOU AGREE THAT THE COMPANY AND ITS PROVIDERS SHALL NOT BE
LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF
OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS,CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH
LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT,
INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL THE COMPANY
OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING,
WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA,
LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY
WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE
OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR
DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE
GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT,
REGARDLESS OF WHETHER THE COMPANY OR ANY OF ITS PROVIDERS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, its affiliates,
agents, employees, and licensors from and against any and all claims and expenses,
including reasonable attorney fees, arising out of or related in any way to your use of
the site, violation of this Agreement, violation of any law or regulation, or violation of any
proprietary or privacy right. In any action against the Company, arising from the use of
the Web site, the prevailing party shall be entitled to recover all legal expenses incurred
in connection with the action, including, but not limited to, its costs, both taxable and
non-taxable and reasonable attorney fees.
PRIVACY POLICY
We are committed to protecting your privacy and security. For more information,
you should review the Company’s Privacy Policy, which is incorporated in these Terms & Conditions of Use by this reference.
TERM AND TERMINATION
Without limiting its other remedies, we may immediately discontinue, suspend,
terminate, or block your and any user’s access to this site at any time in our sole
discretion. You agree that we shall not be liable to you or to any third party for any
termination or cancellation of your access to, or use of, the Web site.
HYPERLINK DISCLAIMERS
As a convenience to you, we may provide on this site links to Web sites operated
by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will
leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is
your responsibility to take all protective measures to guard against viruses or other
destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks,
hypertext links, IMG links) are not maintained, controlled, or otherwise governed by us.
The content, accuracy, opinions expressed and other links provided by Linked Sites are
not investigated, verified, monitored, or endorsed by the Company. We do not endorse,
make any representations regarding or warrant any information, goods, and/or services
appearing and/or offered on any Linked Site, other than linked information authored by
the Company. Links do not imply that the Company or this site sponsors, endorses, is
affiliated or associated with, or is legally authorized to use any trademark, trade name,
logo, or copyright symbol displayed in or accessible through the links, or that any Linked
Site is authorized to use any trademark, trade name, logo or copyright symbol of the
Company or any of its affiliates or subsidiaries. Except for links to information authored
by us, the Company is neither responsible for nor will it be liable under any theory
based upon (i) any Linked Site; (ii) any information and/or content found on any Linked
Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked
Sites and/or transact any business thereon, you do so at your own risk. The Company
reserves the right to discontinue any Linked Site at any time without prior notice. Please
contact the Web masters of any Linked Sites concerning any information, goods, and/or
services appearing thereon.
CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the
laws of the State of Michigan, U.S.A., without reference to its conflicts of laws
provisions. The Company makes no representation that the materials are appropriate or
available for use outside the United States. If you access this site from outside the
United States, you will be responsible for compliance with all local laws. You agree to
comply with all laws and regulations applicable to your use of this site. You agree to
submit to the personal and exclusive jurisdiction of the state or federal courts located
within Michigan for any disputes with the Company arising out of your use of this site.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Company and you
with respect to this Web site, and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written, between you and
the Company with respect to this Web site. A printed version of this Agreement and of
any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this Agreement to the same extent and subject to
the same conditions as other business documents and records originally generated and
maintained in printed form. If for any reason a court of competent jurisdiction finds any
provision of this Agreement or portion thereof to be unenforceable, that provision shall
be enforced to the maximum extent permissible so as to affect the intent of this
Agreement, and the remainder of this Agreement shall continue in full force and effect.No waiver by either party of any breach or default hereunder shall be deemed to be a
waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time and you agree to be bound by the
revised Agreement. Any such modifications will become effective upon the date they are
first posted to this site. If you use the Web site after the Company posts any changes,
you agree to accept those changes, whether or not you have reviewed them. It is your
responsibility to return to this Agreement from time to time to review the most current
terms and conditions. The Company does not and will not assume any obligation to
notify you of changes to this Agreement. If you do not agree to the changes, you should
not use the Web site and, if applicable, you should cancel your registered user account
or your subscription with us.
ABILITY TO ACCEPT TERMS AND CONDITIONS OF SERVICES
You affirm that you are either more than 18 years of age, or an emancipated
minor, or possess legal parental or guardian consent, and are fully able and competent
to enter into the terms, conditions, obligations, affirmations, representations and
warranties set forth in these Terms and Conditions of Use, and to abide by and comply
with these Terms and Conditions of Use.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit
through this Web site, including but not limited to any consent you give to receive
communications from the Company solely through electronic transmission. You agree
that when, in the future, you click on an “I agree,” “I consent,” or other similarly worded“button” or entry field with your mouse, keystroke, or other computer device, your
agreement or consent will be legally binding and enforceable and the legal equivalent of
your handwritten signature.
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