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Terms of Use for McCartney Dental (https://mccartneydental.com) (hereinafter “the company”).
By using our service, our website, and websites we have created, you agree and consent to follow our Terms and Use and Service. If you do not agree to all of these Terms and Conditions of Use and Service, you should not order or use our service or website! As a client or visitor, you are required to agree with these terms in order to use our products and services. The Company; may change and update these Terms and Conditions at any time. Your continued usage of the The Company websites and other services – referred here to as Websites – will mean you accept those changes. Definition of Client: A client is any person or business entity that has placed an order for any of The Company services. A visitor is any person or business that is viewing any website that is designed and created by the company.
1- The Company Websites do not provide dental or medical advice. The contents of The Company websites such as text, graphics, images, videos, information obtained from The Company licensors and other material contained on The Company websites (“Content”;) are for informational purposes only. The Content is not intended to be a substitute for professional dental or medical advice, diagnosis, or treatment. Visitors and users must always seek the advice of a qualified health provider with any questions you may have regarding a medical condition. Never disregard professional advice or delay in seeking it because of something you have read on the Websites! If a user or visitor think he/she may have a medical emergency, he/she must call your doctor or 911 immediately. The Company websites do not recommend or endorse any specific tests, healthcare professional, products, procedures, opinions, or other information that may be mentioned on the Websites. Reliance on any information provided by The Company employees, links on the site, or others appearing on the Websites at the invitation of The Company, or other visitors to The Company Websites is solely at your own risk. Furthermore, information added to The Company websites by its clients are added at the sole discretion of the clients and are the full responsibility of the said client. The Company does not accept any liability or responsibility for said content.
2- CHILDREN’S PRIVACY.
We are committed to protecting the privacy of children. You should be aware that The Company websites are not intended or designed to attract children under the age of 13.
3-USE OF CONTENT.
The Company authorizes you to use and view a single copy of the material on the The Company websites solely for your use. Content and/or images on the websites designed by The Company are protected by copyright laws. Any special rules for the use of certain software and other items accessible on the The Company websites are incorporated into these Terms and Conditions and our other legal notices. The fees charged to clients for membership and setup/design of websites do not provide any right of ownership to content, design elements and/or images and other material throughout the Websites unless permitted by written consent from The Company. The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with The Company or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of The Company websites. Domain names registered by The Company for its clients are the legal property of The Company and are leased temporarily to clients. All rights not expressly granted herein are reserved to The Company and its licensors. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
4- LIABILITY OF The Company AND ITS LICENSORS.
The use of the The Company Websites, and the Content is at your own risk. When using the The Company Websites, information will be transmitted over a medium that may be beyond the control and jurisdiction of The Company. Accordingly, The Company assumes no liability for or relating to, the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the The Company Websites. The The Company Websites and the content are provided on an “as is” basis. The Company ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, The Company, its licensors, and its suppliers make no representations or warranties about the following:
A. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the The Company Websites.
B. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on The Company websites. In no event shall The Company, its licensors, its suppliers, or any third parties mentioned on The Company websites be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the The Company websites or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not The Company is advised of the possibility of such damages. The Company is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
5- USER SUBMISSIONS.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to The Company by email, (including through the email addresses listed on the “Contact Us” link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to The Company by email, you agree such submission is non-confidential for all purposes. If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to The Company by email, you automatically grant–or warrant–that the owner of such content or intellectual property has expressly granted The Company a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. The Company may sublicense its rights through multiple tiers of sub-licenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to The Company by email. We try to answer every email in a timely manner but are not always able to do so.
6- RIGHT TO REFUSE SERVICE/CANCELLATION POLICY.
The Company reserves the right to refuse to provide services to any of its clients at its sole discretion. Since the membership programs are monthly, a client whose service is being terminated will receive a one month notice via email. It is the responsibility of the client to find and secure new service for his/her website design/hosting and maintenance. A client has the right of canceling his membership with a one month written notice unless a separate agreement has been signed by the client. All fees are due before the receipt of such notice by mail/fax confirmed by The Company In both cases of service termination and cancellations, the client understands that The Company has full ownership and copyright to all material on its websites. Material that has been added by clients such as images and personal content can be moved to a new company and website at the client’s discretion. No material of original design content, images including domain names is permitted to be transferred unless with written permission from The Company
7- PASSWORDS.
The Company has several tools that allow you to record and store information. For example, these areas are structured to allow access only to visitors with a valid password. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your The Company passwords or accounts.
It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your The Company account and password; (3) promptly inform The Company of any need to deactivate a password. You grant The Company and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. The Company cannot and does not assume any responsibility or liability for any information you submit, including to Register to win, or your or third parties’ use or misuse of information transmitted or received using The Company tools and services, including Online Editor and Practice-Xl Online.
8- The Company LIVE AND MEMBER TO MEMBER AREAS (“PUBLIC AREAS”).
If you use a Public Area, such as a chat room, bulletin board or community, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. The Company is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately. In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions: Using a Public Area for any purpose in violation of local, state, national, or international laws; Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others; Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by The Company in its sole discretion; Posting advertisements or solicitations of business; After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form); Posting chain letters or pyramid schemes; Impersonating another person; Distributing viruses or other harmful computer code; Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent; Allowing any other person or entity to use your identification for posting or viewing comments; Posting the same note more than once or “spamming”; or Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of The Company, exposes The Company or any of its customers or suppliers to any liability or detriment of any type. The Company reserves the right (but is not obligated) to do any or all of the following: Record the dialogue in public chat rooms. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s). Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions. Terminate a user’s access to any or all Public Areas and/or the The Company websites upon any breach of these Terms and Conditions. Monitor, edit, or disclose any communication in the Public Areas. Edit or delete any communication(s) posted on the The Company websites, regardless of whether such communication(s) violate these standards. The Company reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. The Company has no liability or responsibility to users of the The Company websites or any other person or entity for performance or nonperformance of the aforementioned activities.
9- ADVERTISEMENTS, SEARCHES, AND LINKS TO OTHER SITES.
The Company may provide links to third-party websites. The Company also may select certain sites as priority responses to search terms you enter and The Company may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. The Company does not recommend and does not endorse the content on any third-party websites. The Company is not responsible for the content of linked third-party sites, sites framed within the The Company websites, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. The Company does not endorse any product advertised on the site.
10- MATERIAL SUBMITTED BY CLIENT.
One service of The Company is updating and changing websites and its content on clients’ behalf. Also, The Company offers access to a direct and live online editor that enables clients to update their websites with their material of choice. It is the responsibility of the client and/or its employees to make sure that the material submitted is original and/or the client does have permission to use it. It is also the responsibility of the client to ensure the material added comply with all local, state and federal laws (for example American with Disability Act). The Company does not accept any responsibility as to review of such material for copyright issues. If The Company is informed by any third-party of copyright infringement and/or questionable material, The Company reserves the right to remove the material in question from our server. It is the responsibility of the client to resolve such complaints, objections and/or any legal action brought resulting from the use of such material.
11- INDEMNITY.
You agree to defend, indemnify, and hold The Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
12- GENERAL.
The Company makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the The Company websites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
13- JURISDICTION.
You expressly agree that exclusive jurisdiction for any dispute with The Company, or in any way relating to your use of the The Company Websites, resides in the courts of the County of Orange, State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of Orange in State of California in connection with any such dispute including any claim involving The Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
COMPLETE AGREEMENT.
Except as expressly provided in a particular “legal notice” on the The Company Websites, these Terms and Conditions and the The Company legal notices constitute the entire agreement between you and The Company with respect to the use of the The Company Websites, and Content. Thank you for your cooperation. We hope you find the The Company websites helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be directed by electronic mail. We try to answer every email in a timely manner but are not always able to do so.