b. “Licensed Materials” means our intellectual property, including but not limited to, our logos, trade names, service marks, trademarks, tradedress and copyrights.
c. “Services” means all services we offer at our Website and affiliated websites at subdomains of our Website.
d. “System” means all of our software and hardware.
e. “Website” means our site at www.bensonhurstdentalcare.com, which provides you with access to our Services.
f. “We,” “us,” and “our” means Dr.
g. “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.
The Services we provide at our Website are free of charge but are conditional upon your consent to the most current version of this Agreement. We may revise this Agreement from time to time to adjust to changes in our policies, practices and the law. If you have not read or do not wish to consent to the terms and conditions of this Agreement, you do not have permission to use our Website.
Your privacy is important to us. Your personal information will only be used for unambiguous 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 produce your personal information to law enforcement, competent administrative bodies, and U.S. courts if necessary. At our Website, we offer you opportunities to learn about and communicate with our customers, use subdomains of our Website, and communicate with independent third parties. Please exercise caution when deciding whether to disclose personal information. We do not control such parties and any information you disclose to them may become public information.
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. This includes 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.
5. 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 informational purposes, provided that you do so free of charge and the copies do not comprise substantial portions 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 identifying our Website, leading only to our Website, in a manner that does not diminish our goodwill. This link will be without a frame and will not give the impression that an unassociated third party is somehow associated with us.
6. 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 diagnoses 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.
7. 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 and is not intended as a substitute for dental counseling. The information 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..
In the event that one or more provisions of this Agreement are 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.
9. GOVERNING LAW.
This Agreement shall be governed by the federal laws of the United States and the laws of the State of New York, without regard to any conflict of laws provisions.
10. 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 , New York, , 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 , New York, .
11. 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.
Last revised 12-November 2007