USE OF THIS WEB SITE
Use of this Web site and access to the
material it contains is subject to the following terms and conditions as well
as to applicable laws. Your access
to and browsing of this Web site constitutes your full acceptance of these
terms and conditions. We reserve
the right, at our sole discretion, to update or revise these Terms and
Conditions. Please check the Terms
and Conditions periodically for changes.
Your continued use of this site following the posting of any changes to
the Terms and Conditions constitutes acceptance of those changes.
You are responsible for maintaining the
confidentiality of your logon information, and are fully responsible for all
activities that occur under your password or user name. You agree (a) to immediately notify
Intelligent Dental Marketing of any unauthorized use of your password or user
name or any other breach of security, and (b) to ensure that you exit from your
account at the end of each session.
Copyrights . Intelligent Dental Marketing is the
owner or licensee of all copyrights in and to the content on this Web site,
including without limitation, (i) all materials, documentation, text, data,
graphics, graphs, charts, buttons, photographs, videos, typefaces, music,
sounds, HTML code, and interfaces contained on this Web site; and (ii) the
design, selection and arrangement of this Web site. All rights reserved.
Unless otherwise specified, you are granted
a personal, non-exclusive, non-transferable, limited right to access, use, and
display this Web site and the materials provided hereon for the purpose of
obtaining and reviewing your account information. Specifically, you are granted permission to view or download
a single copy of the material on the Web site solely to access our services,
place orders, and review your account information. When content is downloaded to your computer, you do not
obtain any ownership interest in such content, any modifications of the content,
or any use of the content for any other purpose than that expressly permitted
herein. Ownership of all such
content shall at all times remain with Intelligent Dental Marketing or its
licensors. Intelligent Dental Marketing and its licensors reserve all rights not
expressly granted to you. Use of the
copyrightable material on this Web site for any purpose not expressly
authorized herein without the prior written permission of Intelligent Dental
Marketing or its licensors is forbidden.
Trademarks .All trademarks,
service marks, trade names, logos, and other designations (collectively the
"Marks") are the sole property of Intelligent Dental Marketing, or
other third parties that have granted Intelligent Dental Marketing the right and
license to use such Marks. Nothing
contained on this Web site should be construed as granting any license or right
to use any such Marks without the written permission of Intelligent Dental
Marketing or such third party that may own the Marks displayed.
Your Information. We reserve the
right, and you authorize us, to use and freely assign all information regarding
the use of this Web site by you and all information provided by you in any
statement, which is incorporated into these Terms and Conditions by reference.
TYPOGRAPHICAL OR OTHER ERRORS
While Intelligent Dental Marketing takes
reasonable care and skill to provide information which is accurate and up to
date when first included on the Web site, typographical and other errors may
nevertheless occur. Intelligent Dental Marketing does not undertake to update or
correct such information and reserves the right to modify, delete and rearrange
any or all of the contents of this Web site at any time without notice to you. While Intelligent Dental Marketing makes
reasonable efforts to prevent unauthorized tampering with the Web site,
Intelligent Dental Marketing does not guarantee that its efforts will always be
successful. Therefore, as set
below, Intelligent Dental Marketing does not warranty that the Web site materials
will be error-free, and disclaims any liability for such errors.
DISCLAIMER OF WARRANTIES
INTELLIGENT DENTAL MARKETING MAKES NO
REPRESENTATION AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE WEB SITE
MATERIALS. INTELLIGENT DENTAL MARKETING PERIODICALLY AMENDS, CHANGES, ADDS,
DELETES, UPDATES OR ALTERS THE INFORMATION, INCLUDING, WITHOUT LIMITATION, THE
RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEB SITE.
INTELLIGENT DENTAL MARKETING SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE
INFORMATION ON THE WEB SITE. YOU
ARE RESPONSIBLE FOR VERIFYING ALL INFORMATION LOCATED ON THIS SITE.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE
"CONTENT") ARE PROVIDED "AS IS" AND "AS
AVAILABLE" FOR YOUR USE. THE
CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
Intelligent Dental Marketing makes no
representation that the Web site or its contents are appropriate for use in
every country of the world. Your
use of this Web site is at your own risk and you are responsible for compliance
with applicable local laws, keeping in mind that access to the Web site may not
be legal by certain persons or in certain jurisdictions.
Some states or nations may not allow the
disclaimer of certain warranties, so the above limitations may not apply to you
in all cases.
LIMITATION OF LIABILITY
Use of the INTELLIGENT DENTAL MARKETING Web
site is at your sole risk. While
Intelligent Dental Marketing makes reasonable efforts to ensure the safety and
functionality of our Web site, these efforts may fail and errors may
occur. IN NO EVENT SHALL
INTRINISIC DENTAL MARKETING OR ANY OTHER PARTY INVOLVED IN THE CREATION,
PRODUCTION, OR DELIVERY OF THE CONTENT OF THIS SITE BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND,
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM
FAILURE, OR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE
USE OR PERFORMANCE OF THIS WEB SITE (OR THE CONTENT PROVIDED AT THIS WEB SITE
ON ANY WEB SITE RELATED TO ANY THIRD PARTY), OR USERS' INABILITY TO USE THE
CONTENT CONTAINED IN THIS WEB SITE (OR ANY OTHER WEB SITE), ON ANY THEORY OF
LIABILITY. INTELLIGENT DENTAL MARKETING WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY
LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE ON THE CONTENT OF THIS
SITE. THESE WAIVERS APPLY EVEN
INTELLIGENT DENTAL MARKETING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL INTELLIGENT
DENTAL MARKETING'S LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF
ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE
OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO INTELLIGENT DENTAL
MARKETING FOR ACCESSING THIS WEB SITE.
OUR MAXIMUM LIABILITY TO YOU IF YOU PURCHASE GOODS FROM US WILL BE EQUAL
TO THE PURCHASE PRICE YOU PAY FOR THE GOODS.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF
ANY REMEDY PROVIDED UNDER THESE TERMS AND CONDITIONS FAILS OF ITS ESSENTIAL
PURPOSE. Some states do not allow
the exclusion of liability for consequential damages, so the above limitations
may not apply to you in all cases.
INDEMNIFICATION BY USER
You agree to defend, indemnify, and hold
harmless Intelligent Dental Marketing and its affiliates, parents, subsidiaries,
and their respective employees, agents, contractors, officers, directors,
successors and assigns from all liabilities, claims, damages and expenses,
including without limitation attorneys' fees and costs, that arise from your
use or misuse of this site.
Intelligent Dental Marketing shall have the
right immediately to terminate this agreement with you and your use of the Web
site if it determines in it's sole discretion that you have breached any of these
Terms or otherwise been engaged in conduct which Intelligent Dental Marketing
determines in its sole discretion to be unacceptable.
CHOICE OF LAW AND FORUM
These Terms and Conditions shall be governed
by and construed in accordance with the laws of the state of Utah, without
regard to such state's rules regarding conflicts of laws. By accessing this Web site, you agree
that courts located in Salt Lake City, Utah shall have exclusive jurisdiction
over all claims and actions arising out of or relating to these Terms and
Conditions and/or your use of this site, and you further agree and submit to
the exercise of personal jurisdiction of such courts and consent to
extra-territorial service of process for the purpose of litigating any such
claim or action.
A printed version of these Terms and
Conditions and of any notice given in electronic form will be admissible in
judicial or administrative proceedings relating to these Terms and Conditions
to the same extent and subject to the same conditions as other business
documents originally generated and maintained in printed form. For purposes of any dispute, Intelligent
Dental Marketing's records shall be conclusive in all respects.
INTEGRATION AND SEVERABILITY
These Terms and Conditions constitute the
entire agreement between you and Intelligent Dental Marketing with respect to
this site and supersede all prior or contemporaneous communications and
proposals (whether oral, written, or electronic) between you and Intelligent
Dental Marketing with respect to this site. If any part of these Terms and Conditions is held invalid or
unenforceable, that portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original intentions of
the parties, and the remaining portions shall remain in full force and effect.
Last Updated: July 1, 2004