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Terms of Use |
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Website Usage Agreement
IMPORTANT - PLEASE READ BEFORE
CONTINUING THIS WEBSITE USAGE AGREEMENT ("AGREEMENT") GOVERN YOUR
("USER" OR "YOU") USE OF THIS WEBSITE, INCLUDING ALL CONTENT, SOFTWARE,
FUNCTIONS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE
WEBSITE (THE "WEBSITE"). THE TERMS OF THIS AGREEMENT ARE SUBJECT TO
CHANGE BY DVCD AT ANY TIME IN ITS DISCRETION WITHOUT NOTICE. YOU AGREE
TO REVIEW THESE TERMS PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS
AND YOUR CONTINUED ACCESS OR USE OF THIS WEBSITE SHALL BE DEEMED YOUR
CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
Permitted
Use. User has a nonexclusive, nontransferable, limited, revocable right
to use the Website in accordance with this Agreement. User may not
repackage, resell, or redistribute the information received from the
Website in any form without the express written permission of DVCCD.
1. Restricted Use.
A.
User will not post or transmit through the Website any material which
violates or infringes in any way upon the rights of others, which is
unlawful, threatening, abusive, defamatory, invasive of privacy or
publicity rights, vulgar, obscene, profane or otherwise objectionable,
which encourages conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate any law.
B. User
will not and will not authorize any other party to (i) frame the
Website or portion thereof (whereby the Website or portion thereof will
appear on the same screen with a portion of another website), or (ii)
Co-brand the Website or portion thereof. "Co-branding" means to display
a name, logo, trademark, or other means of attribution or
identification of any party in such a manner reasonably likely to give
an User the impression that such other party has the right to display,
publish, or distribute the Website or content accessible within the
Website (the "Content"). User agrees to cooperate with DVCCD in causing
any unauthorized Co-branding, framing or linking to immediately cease.
C.
Nothing contained herein shall be construed as granting to User a
license under any copyright, trademark, patent or other intellectual
property right of DVCCD or any third party.
2. Proprietary Information.
User
acknowledges and agrees that the content accessible within the Website
(the "Content") is the proprietary information of DVCCD and its content
providers, and DVCCD and its content providers retain all right, title,
and interest in the Content. Accordingly, User will not reproduce,
transmit, publish or distribute such content to any third party without
the express written consent of DVCCD or the applicable content provider
except that User may print out a copy of Content solely for User's
personal use. In doing so, User will not remove or alter, or cause to
be removed or altered, any copyright, trademark, trade name, service
mark, or any other proprietary notice or legend appearing on any of the
Content.
3. Disclaimers.
A.USER EXPRESSLY
AGREES TO USE THE WEBSITE AT USER'S SOLE RISK. DVCCD DOES NOT WARRANT
THAT THE WEBSITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR FREE;
NOR DOES DVCCD MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENTS
OF ANY INFORMATION, SERVICE, OR PRODUCT PROVIDED THROUGH THE WEBSITE.
B.
THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
C. User also understands that DVCCD
cannot and does not guarantee or warrant that files available for
downloading from the Internet will be free of infection or viruses,
worms, Trojan horses or other code that manifest contaminating or
destructive properties. Each User is responsible for implementing
sufficient procedures and checkpoints to satisfy User's particular
requirements for accuracy of data input and output, and for maintaining
a means external to the Website for the reconstruction of any lost
data. DVCCD does not assume any responsibility or risk for your use of
the Internet.
4. Limitation on Liability.
DVCCD,
ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT,
CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME,
PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF DVCD
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL
THE COLLECTIVE LIABILITY OF DVCCD AND ITS LICENSORS, SERVICE PROVIDERS,
CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO ANY
PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR
OTHERWISE) EXCEED THE AMOUNT USER HAS PAID TO DVCCD FOR THE APPLICABLE
CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
5. Indemnity.
User
will indemnify and hold DVCCD, its licensors, content providers,
service providers and contractors (the "Indemnified Parties") harmless
from any breach of this Agreement by User, including any use of Content
other than as expressly authorized in this Agreement. User agrees that
the Indemnified Parties will have no liability in connection with any
such breach or unauthorized use, and agrees to indemnify any and all
resulting loss, damages, judgments, awards, costs, expenses, and
attorneys' fees of the Indemnified Parties in connection therewith.
User will also indemnify and hold the Indemnified Parties harmless from
and against any claims brought by third parties arising out of User's
use of the information accessed from the Website.
6. Links to Third Parties' Websites.
This
Website may contain hyperlinks to websites operated by third parties
other than DVCCD. Such hyperlinks are provided for User's references
only. DVCCD does not control such third party websites and is not
responsible for their contents. DVCCD inclusion of the hyperlinks to
such websites does not imply any endorsement of the material on such
website or any association with their operators.
7. Limitations Period.
No action may be brought by User under this Agreement more than 1 year after the cause of action arises.
8. Miscellaneous.
A.
Governing Law. This Agreement is governed by the laws of the State of
New York, without regard to its choice of laws provisions.
B.
Venue and Jurisdiction. User submits to the jurisdiction of the state
and federal courts in New York, New York for the purposes of resolving
any dispute arising out of the subject matter of this Agreement.
C.
Severability. If any provision of this Agreement is deemed to be
unenforceable as written under applicable law, the parties intend that
such provision be modified to the extent, and only to the extent,
necessary to make such provision enforceable. In the event any
unenforceable provision cannot be modified to make it enforceable, the
parties intend that such provision be stricken from this Agreement with
all other provisions remaining in full force and effect.
D.
Force Majeure. DVCCD will not be liable or responsible for any failure
or delay in performance if such failure or delay is caused in whole or
in part by causes beyond its control, including fire, flood, explosion,
war, strike, embargo, government regulation, civil or military
authority, act of God, acts or omissions of carriers, transmitters,
telephone companies, Internet service providers, Internet backbone
providers, vandals, or hackers.
E. No Waiver. The failure on
the part of DVCCD to exercise any right or remedy hereunder will not
operate as further waiver of such right or remedy in the future or any
other right or remedy.
9. Privacy Policy
Privacy.
Since user participation in public areas of the site may be visible to
others, please use discretion when posting any information you wish to
keep confidential. We may elect to change the names and description of
DVCCD patients on this site to protect their privacy.
1.
Information Collection and Use. DVCCD is the sole owner of the
information collected on this site. We will not sell, share, or rent
this information to others in ways that conflict from what is disclosed
in this statement. DVCCD may collect information from our users at
several different points on our website.
2. Cookies. A cookie
is a piece of data stored on the user's hard drive containing
information about the user. Usage of a cookie is in no way linked to
any personally identifiable information while on our site.
3.
Log Files. We use IP addresses to analyze trends, administer the site,
track users' movement for the purpose of improving our content, and to
track abuse of any area of the site. IP addresses are not linked to
personally identifiable information.
4. Links. This web site
contains links to other sites. Please be aware that DVCCD is not
responsible for the privacy practices of such other sites. We encourage
our users to be aware when they leave our site and to read the privacy
statements of each and every web site that collects personally
identifiable information. This privacy statement applies solely to
information collected by this Web site.
5. Please direct all inquiries to "nevillecoward@yahoo.com" or to
Dental Visits Centers for Cosmetic Dentistry
30 East 40th Street, Suite 604
New York, NY 10016
(212) 697-0939
Site technical services are provided by www.erience.com
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