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Terms of Use
 
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Terms of Use

Terms of Use

Last Updated: May 6, 2010

Welcome to Dentistry.com (the "Site"), which is administered by Futuredontics, Inc. dba 1-800-DENTIST®.  These Terms of Use govern your access to, and use of, the Site and the information, profiles, materials and other content available on or through the Site. By accessing this Site, you agree to be bound by these Terms of Use. We reserve the right to change the Terms of Use at any time, and you agree to abide by the most recent version each time you view this Site. Accordingly, you are urged to reference the conditions set forth in the Terms of Use each time you access this Site. In case of any material change, we will change the "Last Updated" date for the Terms of Use.

Permitted Use

We grant you permission to use the Site subject to the restrictions in these Terms of Use.  You are only authorized to visit, view, and retain a copy of pages of this Site for your own personal use, and are not authorized to duplicate, download, publish, modify, adapt, create derivate works, appropriate, reproduce, or otherwise distribute, sell, trade, or in any way exploit the material on this Site for any purpose other than described in these Terms of Use. You hereby agree not to mine this Site to create a database of businesses or business reviews for any commercial purpose.

Requirements to Post User Content

You will be required to register and/or provide information (full name, phone number and/or e-mail address) in order to use some of the features on this Site, like posting reviews or other communications regarding businesses listed on this Site or comments on the message boards (collectively, "User Content"). When registering with or providing this information to Dentistry.com, we ask that you provide complete and accurate information about yourself. You may not impersonate someone else (i.e. adopt the personality of a celebrity or your next-door neighbor), register for anyone other than yourself or create multiple registries, or provide an e-mail address other than your own.  Use of any personally identifiable information that you provide to us for submitting User Content is governed by Dentistry.com's Privacy Policy.

You are responsible for maintaining the confidentiality of your user name and password, and are fully responsible for all activity that occurs under your user account name. You are solely responsible for your Content and assume any and all liability that may arise from your posted User Content. You agree to immediately notify us of any unauthorized use of your user name and password.  Futuredontics, Inc. may, at its sole discretion, terminate your account, remove or modify any account related User Content or access, or take any action that Futuredontics, Inc. deems appropriate.

User Content Rules

You agree that the User Content you post will not:

  1. Be offensive, harmful and/or abusive, including but not limited to, contain images depicting or language containing profanities, obscenities, harassment, vulgarities, indecencies, defamation, abuse, sexually explicit or other inappropriate material or that promotes bigotry or discrimination against protected classes.
  2. Violate any third party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or other intellectual property or proprietary rights.
  3. Be inappropriate based on the applicable subject matter, or be of a nature that does not address the goods and services or other attributes of the product, dentist or dental office or have no qualitative value including, but not limited to spam, chain or mass messaging.
  4. Contain personal information or messages including e-mail addresses, URLs, phone numbers and postal addresses, or use language or images intended to impersonate other users (including names of other individuals) or contain offensive or inappropriate user names.
  5. Be commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes or other advertising materials.
  6. Restrict or inhibit any other user from using and enjoying the Site.
  7. Use, harvest, download, copy or otherwise collect information about others or provide (whether or not for a fee) to any person or entity user or usage information or any portion thereof.
  8. Violate any federal, state, or local law or regulation.
  9. Upload or otherwise make available User Content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
  10. Assert or imply that posted User Content is in any way sponsored by or endorsed by Futuredontics, Inc.

Futuredontics, Inc. has no obligation to monitor this Site, which includes but is not limited to reviews regarding dentists/dental offices and the message boards.  Futuredontics, Inc. reserves the right, but not the obligation, to: 1) investigate an allegation that User Content does not conform to the User Content Rules and, in its sole discretion, remove the User Content; 2) remove User Content which, in its sole discretion, does not conform with these Terms of Use; 3) review, edit, refuse to post, remove, or disable from view any User Content for any reason; or 4) terminate your access to your user account at any time, without notice, for any reason whatsoever.

User Content is not Endorsed by Futuredontics, Inc.

User Content does not reflect the views of Futuredontics, Inc. or any of its officers, shareholders, owners, employees, affiliates or representatives. Futuredontics, Inc. does not assume responsibility or liability for any User Content or for any claims, damages, or losses resulting from any use of this Site or the materials contained therein.

User Content owned by Futuredontics

By posting User Content to the Site, you represent and warrant that you own all right and title to the User Content; it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and that by posting User Content to the Site, you grant Futuredontics, Inc., its assigns, and the Site's users an unlimited, worldwide, perpetual license and right to use, license, reproduce, modify, translate, transmit, and distribute any and all of your User Content, without limitation and for any purpose.  You hereby waive completely and in perpetuity any claims and rights associated with your User Content, which includes but is not limited to assertion of moral rights or attribution or payment of any consideration to you.

Trademark and Copyright Information

Unless otherwise stated, all content contained herein, including but not limited to, the graphic images, audio, video, text, html codes and buttons contained herein and their arrangements, are owned or licensed by Futuredontics, Inc. and/or its contributors and may not be copied, reproduced, republished, posted, transmitted or distributed in any way without the prior written consent of Futuredontics, Inc. Nothing contained within this site shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Futuredontics, Inc. or any third party. All trademarks used or referred to in this Site are the property of Futuredontics, Inc. and/or their respective owners.

Reporting Claims of Copyright Infringement

Futuredontics, Inc. is committed to complying with U.S. copyright law and to respond to claims of copyright infringement.   Futuredontics, Inc. will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) ("DMCA").

Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to the individual in the manner described below:

By Mail:

Futuredontics, Inc.
c/o Bret McAllister, CTO
6060 Center Drive, 7th Floor
Los Angeles, CA 90045

By Email:

BMcAllister@1800dentist.com 


For your complaint to be valid under the DMCA, you must provide all of the following information when providing notice of the claimed copyright infringement:

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit Futuredontics, Inc. to locate the material;
  4. Information reasonably sufficient to permit Futuredontics, Inc. to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).

You should be aware that, under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees

Links and Search Results

This Site may contain or produce search results that reference or link to third-party sites throughout the World Wide Web. Futuredontics, Inc. has no control over these sites or the content within them. Futuredontics, Inc. does not endorse the content of any third-party site, nor do we warrant that it will not contain viruses or otherwise impact your computer. By accessing this Site, you acknowledge and agree that Futuredontics, Inc. shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by on in connection with use of or reliance on any content, resources, goods or services made available on or through any third-party site.

Site Availability

Futuredontics, Inc. reserves the right to modify, update or discontinue the Site or any portion thereof, at any time, for any reason, and without notice or liability.

Unauthorized Access

Futuredontics, Inc. reserves the right to exercise whatever lawful means we deem necessary, in our sole and absolute discretion, to prevent unauthorized access to or use of the Site, including but not limited to technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use. Any attempt to deliberately damage any Web site or undermine the legitimate operation of this Site may be a violation of civil laws. Should such an attempt be made, Futuredontics, Inc. reserves the right to seek damages from any such individual to the fullest extent permitted by law.

Disclaimer of Warranties and Limitations of Liability

THE SITE AND ALL CONTENT WITHIN THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS.  FUTUREDONTICS, INC. MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR ANY SERVICE ACCESSIBLE THROUGH THIS SITE. FUTUREDONTICS, INC. EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT WILL FUTUREDONTICS, INC. BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA) WITHOUT REGARD TO THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, ANY CONTENT ON OR ACCESSED THROUGH THIS SITE OR ANY SITE SERVICE LINKED TO, OR ANY COPYING, DISPLAYING, OR USE THEREOF.

THE INFORMATION PROVIDED ON THIS SITE IS FREE OF CHARGE AND IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE TAKEN AS MEDICAL OR DENTAL ADVICE AND/OR TREATMENT INFORMATION.  ALTHOUGH WE MAY CITE CERTAIN MEDICAL AND/OR DENTAL PROCEDURES, PERSPECTIVES, AND PRODUCTS, WE DO NOT RECOMMEND OR ENDORSE THEM IN ANY CAPACITY.  YOU ACKNOWLEDGE THAT USE OF, AND RELIANCE ON, THE INFORMATION CONTAINED WITHIN THIS SITE IS AT YOUR OWN RISK.  FUTUREDONTICS EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY OR RESPONSIBILITY FOR INJURY OR IMPAIRMENT EXPERIENCED BY ANY USER WHO UTILIZES ANY PRODUCTS, SERVICES, INFORMATION OR CONCEPTS CONTAINED IN THIS SITE.

For specific medical or dental questions, please see a licensed health care professional.

Indemnification

You agree to indemnify and hold Futuredontics, Inc., its shareholders, officers, directors, employees, affiliates, agents and representatives and each of them harmless, including costs, liabilities and legal fees, from all claims or demands made by any third party arising out of, or related to: (i) the information contained within this Site; (ii) access to or use of, or inability to access or use the Site; (iii) your violation of these Terms of Use; or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

Disputes

Futuredontics, Inc. maintains this site in California, U.S.A. and all users agree that these Terms of Use and any legal action or proceeding relating to this Site shall be governed by the laws of the State of California without reference to its choice of law rules. If you attempt to bring any legal proceedings against us, you specifically acknowledge that we are free to choose the jurisdiction of our preference as to where such action against us may be held. You agree by using this Site to choose the laws of the State of California to govern any such proceedings; we will probably choose to defend any such action in California and we can make this decision entirely as it suits us, without regard to where in the world you are located, or from where in the world you visited this Site.

It is your responsibility to comply with the laws of the jurisdiction from which you access this Site and you agree that you will not access or use the information on this Site in violation of such laws.

Contact Us

If you have questions about these Terms of Use, please contact us via e-mail at info@Dentistry.com.

 

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