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DEFINITIONS. "Agreement" means the most current version of this terms of
use agreement between us and you.
"Licensed Materials" means our intellectual property,
including but not limited to, our logos, trade names,
service marks, trademarks, tradedress and copyrights.
"Services" means all services we offer at our Website and
affiliated websites at subdomains of our Website.
"System" means all of our software and hardware.
"Website" means our site at www.Nice-Teeth.com, which
provides you with access to our Services.
"We," "us," and "our" means Drs. Bruce Stephenson and
Jason Chen.
"You," "your," and "yourself" means any organization or
person that visits our Website or otherwise uses our System
or Services, as well as their agents, assigns, and successors.
GENERAL. The Services we provide at our Website are free
of charge but conditioned upon your consent to the most
current version of this Agreement. Wemay revise this
Agreement from time to time to adjust to changes in our
policies, practices and the law. If you do have not read or
do not wish to consent to the terms and conditions of this
Agreement, you may not use our Website.
PRIVACY. Your privacy is important to us. Your personal
information will only be use for apparent, legitimate business
purposes and will not be sold. We follow established security
procedures to keep your personal information safe from
unauthorized third parties. We may use your personal
information to enforce this Agreement,and we may also
produce your personal information to law enforcement,
competent administrative bodies, and U.S. courts. At our
Website, we offer you opportunities to learn about and
communicate with our customers, using subdomains or our
Website, as well as with independent third parties. Please
exercise caution when deciding whether to disclose any
personal information. We do not control such parties and
any information you disclose to them may become public
information.
INDEMNITY. You agree to defend, indemnify and hold us
harmless as well as our shareholders, officers, directors,
affiliates, employees, and agents from and against any and
all liabilities, losses, damages or costs, including all attorney
fees, collection fees and court costs, related to any demand or
litigation regarding your use of or inability to use our Website,
Services, or System or your breach of this Agreement.
INTELLECTUAL PROPERTY. The materials published
on our Website are, unless otherwise stated, our intellectual
property, including but not limited to copyright protected
works, trademarks, tradenames, tradedress, and logos. You
may make copies of materials published which are of interest
to you for your own personal use and you may also provide
occasional copies to others for information purposes, provided
that you do so free of charge and the copies do not comprise
substantial parts of the website. When you do make copies
for yourself or others, the content of the published material
and the copyright notices must remain intact, your
communication of the content must not be misleading or
inaccurate and a copy of this notice must accompany any
copies of the materials which you provide to others. No
other use of the materials published on this website is
permitted without our express prior written consent. You may
link to our Website only with a text-only link clearly
denominating our Website, pointed to our Website, in a
manner that does not diminish our goodwill, without a frame,
and without giving the impression that an unassociated third
party is some how associated with us. |
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LIMITATION OF LIABILITY. You alone are responsible
for confirming the accuracy of the personal information we
use to contact you. In order to update your contact information,
please contact us via mail or email. You alone are responsible for
confirming the accuracy of information you find on our Website.
We are not responsible for taking any action to confirm the
qualifications of any dentist on our Website, including but not
limited to a dentist's education and possession of a valid license
to practice dentistry within a claimed jurisdiction. We are not
responsible for any treatment decisions you make, whether or
not they are based on information you found on our Website.
We do not provide direct dental care, provide diagnosis or
opinions of any kind, or carry dental malpractice insurance. You
hereby agree to hold us and our shareholders, officers, directors,
assigns, agents, and employees harmless and to pay any and all
costs, including reasonable expert and attorney fees and travel
expenses, we incur as a result of any claim you bring against us
relating in any way to our Website or Services.
REPRESENTATIONS & WARRANTIES. The opinions,
suggestions, and recommendations found on our Website are
not ours nor do we endorse them. All information provided on
our Website is provided solely "as is" for informational purposes
only, is not intended substitute for dental counseling, and should not be relied upon as a substitute for consultations with
qualified, licensed dental professionals who are familiar with
your individual dental needs. We do not warrant in any way and
expressly disclaim any perceived warranty that our Website is
reliable, accurate, current, complete, merchantable, or fit for any
specific purpose. We also do not warrant that our System is free
of computer viruses or any other type of malicious element.
EXCEPT WHERE OTHERWISE MANDATED BY LAW, UNDER
NO CONDITION WILL WE BE LIABLE TO YOU FOR DIRECT,
INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR
EXEMPLARY DAMAGES OF ANY KIND WHETHER IN CONTRACT,
TORT OR NEGLIGENCE, OR EXPENSES OR LEGAL FEES, EVEN
IF YOU OR WE ARE AWARE OF THE POSSIBILITY OR
PROBABILITY OF SUCH DAMAGES. OUR MAXIMUM POSSIBLE
LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED
DOLLARS.
SEVERABILITY. In the event that one or more provisions
of this Agreement is deemed unenforceable or invalid, the
unaffected provisions of this Agreement shall continue in effect,
and the unenforceable or invalid provisions shall be amended or
replaced by us with a provision that is valid and enforceable and
which achieves, to the greatest extent possible, the objectives
and intent of the original provisions.
GOVERNING LAW. This Agreement shall be governed by
the federal laws of the United States and the laws of the State of
California, without regard to any conflict of laws provisions. EXCLUSIVE VENUE. Any actions, relating to or arising out
of this Agreement or any use of our Services, that include us
as a party shall be brought exclusively in the federal and state
courts for Alameda County, California, U.S.A., and you consent
to the exercise of personal jurisdiction over you by these courts
in all such actions. You agree that you shall submit, without
prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts of your domicile and Alameda County,
California, U.S.A.
DISPUTE FEES & COSTS. If we reasonably decide to retain
an attorney or collection agency to enforce this Agreement, the
prevailing party will be entitled to an award of all reasonable
attorney fees and costs, regardless of whether a judgment is
rendered or suit is ever filed.
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