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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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