Terms of Use
TERMS OF USE FOR PARTICIPATING DENTISTS
Thank you for your interest in the KWDentalDirectory website. These Terms of
Use (“Terms”) govern your use of the Web site located at
http://www.KWDentalDirectory.com (the “Site”), your use of any software that
KWDentalDirectory makes available to users of the Site (the “Software”), and
the goods and services that are made available through the Site (the
“Products”). In these Terms, the Site, the Software, and the Products
are collectively referred to as the “KWDentalDirectory Network.” Please read
these Terms carefully. By using the KWDentalDirectory site you are stating
that you have read, understand, and agree to be bound by these Terms. If
you do not agree to these Terms, you are not permitted to use the
KWDentalDirectory Network.
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Your Responsibilities: You are responsible for obtaining and
maintaining all equipment and services needed for access to and use of
the KWDentalDirectory Network and for paying all charges related thereto. You
agree not to use the KWDentalDirectory Network to: (a) violate any local,
state, national, or international law or regulation; (b) transmit any
material that is abusive, harassing, tortious, defamatory, vulgar,
pornographic, obscene, libelous, invasive of another’s privacy, hateful,
or racially, ethnically, or otherwise objectionable; (c) transmit any
unsolicited or unauthorized advertising, promotional materials, junk
mail, spam, chain letters, pyramid schemes, or any other form of
solicitation; (d) transmit any material that contains adware, malware,
spyware, software viruses, or any other computer code, files, or
programs designed to interrupt, destroy, or limit the functionality of
any computer software or hardware or telecommunications equipment;
(e) stalk, harass, or harm another individual; (f) impersonate any
person or entity, or otherwise misrepresent your affiliation with a
person or entity; or (g) interfere with or disrupt the KWDentalDirectory
Network or servers or networks connected to the KWDentalDirectory Network, or
disobey any requirements, procedures, policies, or regulations of
networks connected to the KWDentalDirectory Network.
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Membership: Registration. When you register to become a member
of the KWDentalDirectory Network, KWDentalDirectory collects certain personal
information (including a credit card number) about you. You agree to:
(a) provide true, accurate, current, and complete information as
prompted by the registration form; and (b) maintain and update such
information to keep it true, accurate, current, and complete at all
times. You agree that KWDentalDirectory may use any information KWDentalDirectory
obtains about you in accordance with the provisions of KWDentalDirectory’
Privacy Policy.
Passwords and Security. When you register, you will be asked to
provide a user name and password through which you will be able to
access the KWDentalDirectory Network. Your membership is personal, which
means, for example, that you are prohibited from sharing your user name
and password with your friends and from posting your user name and
password in a newsgroup or on a Web page. All visits to the Site via
your account are logged and your account may be used only on one
computer at a time. You are responsible for maintaining the
confidentiality of your password, and you are solely responsible for all
activities that occur under your password. You agree to immediately
notify KWDentalDirectory of any unauthorized use of your password or any
other breach of security related to the Site. KWDentalDirectory reserves the
right to require you to change your password if KWDentalDirectory believes
that your password is no longer secure. KWDentalDirectory will not be liable
for any loss or damage arising from your failure to adequately safeguard
your password.
Fees. By joining the KWDentalDirectory Network, you agree to pay the
membership fee identified at the time you join. Your membership will
extend for the time period you select at the time of your registration
(the “Membership Period”). If you have elected at the time of your
registration for your membership to renew automatically at the end of
your Membership Period, your membership will automatically renew for
successive Membership Periods and your credit card will be charged the
then-applicable membership fee. If you have elected at the time of your
registration for your membership not to renew automatically at the end
of your Membership Period, for your convenience KWDentalDirectory will notify
you when your membership is about to expire. KWDentalDirectory reserves the
right at any time to charge fees for access to new KWDentalDirectory Network
content or services or to change the fees it charges for access to the
KWDentalDirectory Network (or any portion thereof). In no event will you be
charged for access to the KWDentalDirectory Network unless KWDentalDirectory
obtains your prior agreement to pay such charges.
Refund Policy. KWDentalDirectory is unable to offer refunds for
memberships. It is your responsibility to determine if the KWDentalDirectory
Network meets your needs BEFORE registering. Once you have signed up, a
refund cannot be given. In no event will you receive a refund if
KWDentalDirectory terminates your membership under Section 9 of these Terms.
Cancellations. You may cancel your membership by providing a
written 3 month notice. The 3 months starts from the following month if
we are in the middle of the existing month that the cancellation is
being made.To do so, please login using your user name and password and
visit the “My Account” area of the Site. If you do cancel, you will not
receive a refund of your membership fee but you will continue to have
access to the KWDentalDirectory Network for the remainder of your Membership
Period. If you cancel, you will not receive notice when your membership
period is about to expire and if you would like to renew your membership
you will need to register again.
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Merchandise: From time to time, you may be able to purchase
merchandise (e.g., patient educational materials, memberships plaques,
etc.) through the KWDentalDirectory Network. All merchandise is provided on
an “as is” basis, all sales are final, and no refunds will be given.
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Submissions: If you submit or make available for inclusion on
or through the KWDentalDirectory Network any information, data, text,
software, music, sound, photographs, graphics, video, messages, tags, or
other materials (“Submissions”), you grant KWDentalDirectory a perpetual,
irrevocable, worldwide, and fully sublicensable license to use,
distribute, reproduce, modify, adapt, publish, translate, publicly
perform, and publicly display such Submissions (in whole or in part) in
any format or medium now known or later developed. KWDentalDirectory does not
claim ownership of any of your Submissions. You acknowledge that
KWDentalDirectory may or may not pre-screen Submissions, but that
KWDentalDirectory shall have the right (but not the obligation) in its sole
and absolute discretion to pre-screen, refuse, move, or remove any
Submissions. You agree that you are solely responsible for all of your
Submissions.
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Copyright Infringement: KWDentalDirectory respects the intellectual
property rights of others. Accordingly, KWDentalDirectory has a policy of
disabling access to any Submissions or any other user-generated content
that violates copyright law, suspending access to the KWDentalDirectory
Network to any user who uses the KWDentalDirectory Network in violation of
copyright law, and/or terminating in appropriate circumstances the
account of any user who uses the KWDentalDirectory Network in violation of
copyright law.
Pursuant to Title 17 of the United States Code, Section 512,
KWDentalDirectory has implemented procedures for receiving written
notification of claimed copyright infringement and for processing such
claims in accordance with such law. If you believe your copyright is
being infringed by a user of the KWDentalDirectory Network, please provide
written notice to KWDentalDirectory’ designated agent for notice of claims of
copyright infringement at:
Your written notice must: (a) contain your physical or electronic
signature; (b) identify the copyrighted work alleged to have been
infringed; (c) identify the allegedly infringing material in a
sufficiently precise manner to allow KWDentalDirectory to locate that
material; (d) contain adequate information by which KWDentalDirectory can
contact you (including postal address, telephone number, and e-mail
address); (e) contain a statement that you have a good faith belief that
use of the copyrighted material is not authorized by the copyright
owner, the copyright owner’s agent, or the law; (f) contain a statement
that the information in the written notice is accurate; and (g) contain a
statement, under penalty of perjury, that you are authorized to act on
behalf of the copyright owner. Please do not send notices or inquiries
unrelated to alleged copyright infringement to KWDentalDirectory’ designated
agent.
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Trademarks: “KWDentalDirectory” and the KWDentalDirectory logo, as well
as certain other of the words and logos displayed in the KWDentalDirectory
Network, constitute trademarks, trade names, or service marks (“Marks”)
of KWDentalDirectory or other entities. You are not authorized to use any
such Marks. Ownership of all such Marks and the goodwill associated
therewith remains with KWDentalDirectory or those other entities.
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Site Content: The content on the Site, including without limitation
all information, data, text, software, music, sound, photographs,
graphics, video, messages, tags, or other materials (“Site Content”), is
copyrighted by KWDentalDirectory and/or its licensors under United States
and international copyright laws, is subject to other intellectual
property and proprietary rights and laws, and is owned by KWDentalDirectory
or its licensors. The Site Content may not be copied, modified,
reproduced, republished, posted, transmitted, sold, offered for sale, or
redistributed in any way without the prior written permission of
KWDentalDirectory and its applicable licensors, with the sole exception that
one copy may be downloaded onto a single computer for your personal,
noncommercial use. You must abide by all copyright notices, information,
or restrictions contained in or attached to any Site Content. The
foregoing obligations and restrictions shall not apply with respect to
your use of your own Submissions.
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Termination: You agree that KWDentalDirectory may terminate your
KWDentalDirectory Network membership or suspend your access to all or part of
the KWDentalDirectory Network, without notice, if: (a) you violate these
Terms; (b) KWDentalDirectory is unable to verify or authenticate any
information that you provide; or (c) you engage in any conduct that
KWDentalDirectory, in its sole and absolute discretion, believes is in
violation of any applicable law or regulation or is otherwise harmful to
the interests of KWDentalDirectory, any other KWDentalDirectory Network user, or
any third party. Further, you agree that KWDentalDirectory shall not be
liable to you or any third party for removing your Submissions or
suspending or terminating your access to the KWDentalDirectory Network (or
any portion thereof). You may discontinue your participation in and
access to the KWDentalDirectory Network at any time. KWDentalDirectory reserves
the right to investigate your use of the KWDentalDirectory Network in the
event KWDentalDirectory, in its sole and absolute discretion, believes you
have violated these Terms.
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Modifications To Terms: KWDentalDirectory may, in its sole and
absolute discretion, change these Terms from time to time. KWDentalDirectory
will post notice of such changes on the Site. If you object to any such
changes, your sole recourse shall be to cease using the KWDentalDirectory
Network. Continued use of the KWDentalDirectory Network following notice of
any such changes shall indicate your acknowledgement of such changes and
agreement to be bound by the terms and conditions of such changes.
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Modifications To KWDentalDirectory Network: KWDentalDirectory reserves
the right to modify or discontinue the KWDentalDirectory Network with or
without notice to you. KWDentalDirectory shall not be liable to you or any
third party should KWDentalDirectory exercise its right to modify or
discontinue the KWDentalDirectory Network. If, however, KWDentalDirectory
discontinues the KWDentalDirectory Network, KWDentalDirectory will refund to you
any membership fees you have pre-paid for the period after which
KWDentalDirectory has discontinued the KWDentalDirectory Network.
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Links: KWDentalDirectory’ provision of a link to any other Web site
or Internet resource is for your convenience only and does not signify
KWDentalDirectory’ endorsement of such other Web site or resource or its
contents. KWDentalDirectory shall have no responsibility or liability for any
information, software, or materials found at any other Web site or
Internet resource.
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No Resale Of KWDentalDirectory Network: You agree not to reproduce,
duplicate, copy, sell, resell, or exploit for any unlicensed commercial
purposes any portion of the KWDentalDirectory Network, use of the
KWDentalDirectory Network, or access to the KWDentalDirectory Network.
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Disclaimer of Warranties: You understand and expressly agree
that use of the KWDentalDirectory Network is at your sole risk. The
KWDentalDirectory Network is provided on an “as is” and “as available” basis.
KWDentalDirectory expressly disclaims all warranties of any accolade_type,
whether express or implied, with respect to the KWDentalDirectory Network
(including, but not limited to, the implied warranties of
merchantability, fitness for a particular use or purpose, and
non-infringement). KWDentalDirectory makes no warranty that the KWDentalDirectory
Network will meet your requirements, or that the KWDentalDirectory Network
will be uninterrupted, timely, secure, or error free. KWDentalDirectory makes
no warranty as to the results that may be obtained from the use of the
KWDentalDirectory Network, or as to the accuracy or reliability of any
information obtained through the KWDentalDirectory Network, or that defects
in the KWDentalDirectory Network will be corrected. You understand and agree
that any material and/or information downloaded or otherwise obtained
through the use of the KWDentalDirectory Network is done at your own
discretion and risk and that you will be solely responsible for any
damage arising therefrom. No advice or information, whether oral or
written, obtained by you from KWDentalDirectory or through the KWDentalDirectory
Network shall create any warranty not expressly made herein.
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Limitation of Liability: You understand and expressly agree
that to the extent permitted under applicable law, in no event will
KWDentalDirectory or its officers, employees, directors, shareholders,
parents, subsidiaries, affiliates, agents, or licensors be liable under
any theory of liability (whether in contract, tort, statutory, or
otherwise) for any direct, indirect, incidental, special, consequential,
or exemplary damages, including but not limited to, damages for loss of
revenues, profits, goodwill, use, data, or other intangible losses
(even if such parties were advised of, knew of, or should have known of
the possibility of such damages), resulting from your (or anyone using
your account’s) use of the KWDentalDirectory Network.
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Exclusions And Limitations: Some jurisdictions do not allow the
exclusion of certain warranties or the limitation or exclusion of
liability for incidental or consequential damages. Accordingly, some of
the limitations and disclaimers in these Terms may not apply to you. To
the extent that KWDentalDirectory may not, as a matter of applicable law,
disclaim any implied warranty or limit its liabilities, the scope and
duration of such warranty and the extent of KWDentalDirectory’ liability
shall be the minimum permitted under such applicable law.
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Indemnification: You agree to indemnify, defend, and hold
harmless KWDentalDirectory, its parents, subsidiaries, affiliates, officers,
directors, employees, consultants, and agents from and against any and
all claims, liabilities, damages, losses, costs, expenses, and fees
(including reasonable attorneys’ fees) that such parties may incur as a
result of or arising from (1) any information (including, without
limitation, your Submissions or any other content) you (or anyone using
your account) submits, posts, or transmits through the KWDentalDirectory
Network, (2) your (or anyone using your account’s) use of the
KWDentalDirectory Network, (3) your (or anyone using your account’s)
violation of these Terms, and (4) your (or anyone using your account’s)
violation of any rights of any other person or entity.
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Miscellaneous: These Terms constitute the entire and exclusive
and final statement of the agreement between you and KWDentalDirectory with
respect to the subject matter hereof, and govern your use of the
KWDentalDirectory Network, superseding any prior agreements or negotiations
between you and KWDentalDirectory with respect to the subject matter hereof.
These Terms and the relationship between you and KWDentalDirectory shall be
governed by the laws of the State of California as applied to agreements
made, entered into, and performed entirely in California by California
residents, notwithstanding your actual place of residence. All lawsuits
arising from or relating to these Terms or your use of the KWDentalDirectory
Network shall be brought in the Federal or State courts located in San
Diego County, California, and you hereby irrevocably submit to the
exclusive personal jurisdiction of such courts for such purpose. The
failure of KWDentalDirectory to exercise or enforce any right or provision of
these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is found by a court of competent
jurisdiction to be invalid, you nevertheless agree that the court should
endeavor to give effect to the intentions of KWDentalDirectory and you as
reflected in the provision, and that the other provisions of these 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 KWDentalDirectory Networks or these Terms must
be filed within one (1) year after such claim or cause of action arose
or be forever barred. The section titles in these Terms are for
convenience only and have no legal or contractual effect. The terms of
Sections 3, 4, 5, 7 through 9, and 12 through 16 of these Terms, as well
as any limitations on liability explicitly set forth herein, shall
remain in full force and effect notwithstanding any termination of your
use of the KWDentalDirectory Network.
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Contact Information: To obtain information about KWDentalDirectory, please e-mail us at info@KWDentalDirectory.com
You may also contact us at the following physical address: (insert physical mailing address here)
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