Dental Post, Inc. ("DentalPost") welcomes you our website located at www.dentalpost.net (the "Site"). DentalPost provides its Service (as defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. If we do this, we will post the changes to these TOS on this page and will indicate at the bottom of this page the date these TOS were last revised. Your continued use of the Site or Service after any such changes constitutes your acceptance of the new TOS. If you do not agree to abide by these or any future TOS, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these TOS and to review such changes. In addition, when using particular DentalPost owned or operated services, you and DentalPost shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. DentalPost may also offer other services that are governed by different terms of service.
DentalPost provides users with access to a rich collection of resources, including various communications tools, forums, search services, and personalized content which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for DentalPost to provide the Service. You also understand and agree that the Service may include certain communications from DentalPost, such as service announcements, administrative messages and the DentalPost Newsletter, which communications may be delivered to you electronically, and that these communications are considered part of DentalPost membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new DentalPost properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that DentalPost assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. Unless explicitly stated herein, nothing in these TOS shall be construed as conferring to you any license to intellectual property rights, whether by estoppel, implication or otherwise.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or DentalPost has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DentalPost has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify DentalPost of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. DentalPost cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You agree to not use the Service to:
You acknowledge that DentalPost may or may not pre-screen User Content, but that DentalPost and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is available via the Service. Without limiting the foregoing, DentalPost and its designees shall have the right to remove any User Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content posted or edited by DentalPost or submitted to DentalPost, including without limitation information in all parts of the Service.
You acknowledge, consent and agree that DentalPost may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of DentalPost, its users and the public.
You understand that the technical processing and transmission of the Service, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by DentalPost and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
By Posting any User Content, including, without limitation, any questions, comments, suggestions, ideas, feedback or other information to DentalPost through its suggestion or feedback webpages, you acknowledge and agree that: (a) your User Content does not contain confidential or proprietary information; (b) DentalPost is not under any obligation of confidentiality, express or implied, with respect to the User Content; (c) DentalPost shall be entitled to use or disclose (or choose not to use or disclose) such User Content for any purpose, in any way, in any media; (d) DentalPost may have something similar to the User Content already under consideration or in development; (e) your User Content automatically become the property of DentalPost without any obligation of DentalPost to you; and (f) you are not entitled to any compensation or reimbursement of any kind from DentalPost under any circumstances.
You agree to indemnify and hold DentalPost and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your DentalPost ID), use of the Service, or access to the Service.
DentalPost reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that DentalPost shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that DentalPost may, under certain circumstances and without prior notice, immediately terminate your DentalPost account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Service. Termination of your DentalPost account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in DentalPost's sole discretion and that DentalPost shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because DentalPost has no control over such sites and resources, you acknowledge and agree that DentalPost is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that DentalPost shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DENTALPOST AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DENTALPOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
By visiting our Site or using the Site and/or the Service, you agree that the laws of the State of Georgia, without regard to principles of conflict of laws, will govern these TOS and any dispute of any sort that might arise between you and DentalPost or any of our affiliates.
YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TOS, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION. Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. With respect to any disputes or claims not subject to arbitration, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Georgia, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Georgia.
The TOS constitute the entire agreement between you and DentalPost regarding the use of the Site and/or the Service, superseding any prior agreements between you and DentalPost relating to your use of the Site or the Service. The failure of DentalPost to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision in that or any other instance. If any provision of the TOS is held invalid, the remainder of the TOS shall continue in full force and effect.
The TOS was last revised on and is effective as of June, 2008