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DentalWordofMouth.com provides members a great web-site
to advertise services to the dental community via the
World Wide Web (Internet). However, before you enter the
dentalwordofmouth.com site (the "Site") or contact any
of the advertisers, it is important that you carefully
review the Terms and Conditions set out below (the
"Terms"). In addition, specific pages on the Site may
set out additional terms and conditions, all of which
are incorporated by reference into the Terms. Terms may
be changed or updated at any time, but you can always
find the most recent version on our site. We suggest
that you periodically check this page to make sure you
are up to date. By entering and using the Site, you indicate that you
accept the Terms and that you agree to be bound by and
subject to them. Acceptance of the Terms creates a
binding legal agreement between you and
DentalWordofMouth.com that you will use the web-site
only in a manner that is consistent with the Terms. If
you have questions about the Terms, please contact us at
wendy@dentalwordofmouth.com. Your use of the Site and
its services (together, the "Service") is entirely
conditioned on and subject to your compliance with the
Terms. If you do not agree with the Terms, do not
proceed to access the Site, use the Service, or proceed
to create an account.
Terms of Membership: The DentalWordofMouth.com
membership (referred to as "Membership") is available to
you if you are at least 18 years of age and you submit
certain requested information to DentalWordofMouth.com,
including (but not limited to) your exact name and
correct email address. In addition, by becoming a
Member, you agree to provide DentalWordofMouth.com with
true, accurate, current and complete information about
yourself when such information is requested by the
Service.
If your Member account becomes expired,
DentalWordofMouth.com may terminate your Membership (or
any part thereof) or use of the Service, and remove and
discard any content, including but not limited to any
and all information, banners, listings created, image
files or any other content within our database. Please
refer to "Termination" for more terms affecting your
Membership.
Member Conduct: We are committed to ensuring that our
website remains a professional and safe place to
advertise your services online. All appropriate licencesure should be confirmed by the
employer/employee. DentalWordofMouth.com assumes no
responsibility in confirming licensesure of any dental
professional who may post a listing on our site. To this
end, we require that every user of DentalWordofMouth.com,
whether or not such user is a Member, agrees not to use
the site for inappropriate content:
- Content we believe is abusive, deceptive, pornographic,
obscene, defamatory, slanderous, offensive, or otherwise
inappropriate.
- Copyrighted material that is used without the express
permission of the owner.
- Content that violates the rights of others.
- Content or other material that contains viruses, worms,
corrupt files, Trojan horses and other forms of
corruptive code or any other content, which may
compromise the DentalWordofMouth.com.
- Content that advocates illegal activity.
- Content that harms minors in any way.
- Any links to the above.
DentalWordofMouth.com has the sole discretion to
determine whether Content is Prohibited Content, and any
Content submitted to the Service may be subject to
examination from time to time. You acknowledge that
although DentalWordofMouth.com does not always examine
and review all Content submitted or transmitted to the
Service, dentalwordofmouth.com has the absolute right
(but not the obligation) to delete, move, and edit
materials for any reason, at any time, without notice.
Notwithstanding the above, when you access the Site
and/or use the Service, you acknowledge and agree that
all Content (whether private or public) that is posted
and stored in our database directory is the sole
responsibility of the person who submitted it for
posting and/or storage. In other words, you are
responsible for any Content that you submit. Moreover,
you understand that by viewing the Site, you may be
exposed to Content that you consider to be offensive and
you take sole responsibility for such exposure. Finally,
you acknowledge that DentalWordofMouth.com in no way
guarantees the accuracy, quality or appropriateness of
Content available on the Site. In no event shall Wendy
Durfee (DentalWordofMouth.com) be liable for claims of
any nature, whether direct or indirect, arising from or
related to any Content made available on or through the
Service, including (without limitation) errors or
omissions in such Content, and loss or damages incurred
as a result of use of such Content.
You agree not to reproduce, duplicate, copy, sell,
resell or exploit any part of the site, unless you have
a formal written agreement via legal representation.
Third Party Software: As a convenience to our Members,
we may make third-party software available through the
site. To use the third-party software, you must agree to
the terms and conditions imposed by the third party
provider and the agreement to use such software will be
solely between you and the third party provider.
By using any third party software, you acknowledge and
agree that DentalWordofMouth.com does not guarantee that
any software downloaded through the Service will be free
of viruses, worms, or Trojan horses or other forms of
corruptive code. DentalWordofMouth.com makes no
representations or warranties concerning the
performance, effectiveness or any other aspect of any
third-party software downloaded through the Service. In
no event shall DentalWordofMouth.com (including its
officers, directors, employees, affiliates and agents)
be liable for claims of any nature, whether direct or
indirect, arising from or related to any third-party
software downloaded through the Service.
Privacy Policy: We respect your privacy
and have taken specific steps to protect it.
Please see our Privacy Policy.
Copyright: When you join our directory, you
become a participant in an online community of people
who are displaying information regarding dental services
and products. In order for us to make your listing
available to all visitors, we need the rights to make
use of all content on the Service (in accordance with
and subject to these Terms, of course). Accordingly, as
a condition to your Membership, you hereby grant
DentalWordofMouth.com a perpetual, universal,
nonexclusive right to copy, display, modify, transmit,
make derivative works of and distribute any Content
transmitted or provided to the Service by you, solely
for the purpose of providing the Service. You remain the
owner of all Content that you submit to the Service, and
as a condition to Membership, you represent and warrant
to DentalWordofMouth.com that you are the owner of the
copyright to Content you submit to the Service or that
you have written permission from the copyright owner to
submit such Content.
All the information, Content, image files (logos &
banners) and materials offered by our site are protected
by U.S. and international copyright laws and by other
applicable laws. You understand that
DentalWordofMouth.com is unable to provide you with
permission to copy, display or distribute material for
which you do not own the copyright, and we do not
provide others with such rights to your Content (unless
you give us permission to do so). You may not copy or
distribute such material without the written consent of
the copyright owner, and you are solely responsible for
any copyright violations that you may incur as a result
of your activities on the Service. DentalWordofMouth.com
has the absolute right to terminate your membership or
exclude you from the Site if you use our Service to
violate the intellectual property rights of third
parties.
If you believe that your work or the work of another
has been copied in a way that constitutes copyright
infringement, contact a patent and trademark attorney.
Indemnity: YOU AGREE TO INDEMNIFY, DEFEND AND
HOLD HARMLESS WENDY DURFEE (DentalWordofMouth.com),
(INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION
PROVIDERS TO THE SERVICE) FROM AND AGAINST ALL LOSSES,
EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE
ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE
TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING
NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER
PERSON ACCESSING THE SERVICES USING YOUR ACCOUNT.
Limited Warranty:
Exclusive Remedy ANY PRODUCT AND SERVICE AVAILABLE
THROUGH THE SITE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN
RISK. Wendy Durfee WARRANTS ONLY THAT
DentalWordofMouth.com SOLE OBLIGATION, AND YOUR SOLE AND
EXCLUSIVE REMEDY, SHALL BE FOR DentalWordofMouth.com TO
REFUND A PRO-RATA AMOUNT OF THE PURCHASE PRICE OF SUCH
LISTING PURCHASES, BANNER AD PURCHASES, OR WEB SITE
HOSTING.
Disclaimer EXCEPT FOR THE ABOVE EXPRESS LIMITED
WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW,
DentalWordofMouth.com EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
DentalWordofMouth.com MAKES NO WARRANTY THAT (I) THE
SITE OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) THE
SITE OR SERVER ARE OR WILL BE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS, OR (III) THE SERVICE, SITE OR
CONTENT PROVIDED WILL MEET YOUR REQUIREMENTS.
DentalWordofMouth.com MAKES NO WARRANTIES OF ANY KIND
WITH RESPECT TO SOFTWARE, GOODS, SERVICES, PROMOTIONS,
OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES THAT
ARE PURCHASED, ACCESSED OR OBTAINED THROUGH
DentalWordofMouth.com SITE OR THAT ARE ADVERTISED ON
DentalWordofMouth.com SITE. ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
Limitation Of Liability: YOU EXPRESSLY
ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT
PERMITTED UNDER LAW, DentalWordofMouth.com or Wendy
Durfee WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER
ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR
LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF
DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR
USE OF THE SITE OR THE SERVICE, EVEN IF YOU HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i)
USE OR INABILITY TO USE THE SERVICE; (ii) COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS BY THIRD PARTIES; (iv) THIRD PARTY
CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY
HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Termination: You agree and acknowledge that
DentalWordofMouth.com, in its sole discretion, may
terminate your Membership (or any part thereof) or use
of the Service, and remove and discard any Content
including, but not limited to, any and all information,
communications, postings, image files or any other
content within the Site, at any time, without notice,
for any reason, including but not limited to:
Conduct violating these Terms or other policies or
guidelines set forth by DentalWordofMouth.com elsewhere
on the Site; Conduct that DentalWordofMouth.com believes
is harmful to other DentalWordofMouth.com users, the
business of DentalWordofMouth.com, or other third party
information providers; Failure to continue to maintain
your current information; and Conduct that violates the
letter or spirit of these Terms.
Further, you agree that DentalWordofMouth.com and
Wendy Durfee shall not be liable to you or any
third-party for any termination of your access to the
Service.
Choice of Law: The state and federal courts of
Rhode Island shall be the exclusive forum and venue to
resolve any and all disputes arising out of or relating
to these Terms and Conditions. You consent to personal
jurisdiction and venue by the state and federal courts
of the State of Rhode Island.
Modification of Terms: You agree that
DentalWordofMouth.com and Wendy Durfee reserve the right
to amend the Terms at any time, for any reason, and
without notice, including the right to terminate the
Service or any part of the Service. Any amendments or
modifications made by DentalWordofMouth.com shall be
prospective only.
Entire Agreement: These Terms constitute the
entire agreement between you and DentalWordofMouth.com
and govern your use of the Service, superseding any
prior agreements between you and DentalWordofMouth.com
and Wendy Durfee. In the case of inconsistencies between
these Terms and information included in off-line
materials, (e.g., promotional materials and mailers),
these Terms will always control. You may also be subject
to additional Terms and Conditions that may apply when
you use affiliate services, third-party content or
third-party software.
The failure of DentalWordofMouth.com to exercise or
enforce any right or provision of the Terms shall not
constitute a waiver of such right or provision. If any
provision of the Terms is found by a court of competent
jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision,
and the other provisions of the Terms remain in full
force and effect.
You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out
of or related to use of the Service or the Terms must be
filed within one (1) year after such claim or cause of
action arose or be forever barred.
Reporting Violations: You can report abuse of
these Terms to
wendy@dentalwordofmouth.com
How to Contact Us About Copyright Infringement
Claims:
DentalWordofMouth.com will take appropriate steps to
protect the intellectual property rights of third
parties if it receives notice in accordance with the
provisions required by the Digital Millennium Copyright
Act, as follows.
If you believe your copyright or the copyright of
another has been infringed on the Service, please
provide
DentalWordofMouth.com Copyright Agent with a written
notice containing the following information:
an electronic or physical signature of the person
authorized to act on behalf of the owner of the
copyright interest;
a description of the copyrighted work that you claim has
been infringed;
a description of where the material that you claim is
infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright
owner, its agent or the law;
a statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and
that you are the copyright owner or authorized to act on
the copyright owner's behalf.
Claims of infringement by the Service should be
addressed to DentalWordofMouth.com headquarters:
DentalWordofMouth.com
Attn: Wendy Durfee
183 John Potter Road
West Greenwich, RI 02817
USA
Or, E-mail:
wendy@dentalwordofmouth.com
Updated 10/07 |