Terms & Privacy
The Dental Exchange, Inc., is a Kentucky corporation, duly registered in the Commonwealth of Kentucky, with its principal office located in Louisville, Kentucky (herein referred to as, “Dental Exchange”, “we”, “us”, “our”). Dental Exchange provides the www.TheDentalExchange.com (herein referred to as the “Site”). The Site serves as a single hub for the dental profession to advance careers, post and search job openings, access product review and techniques, and provide educational opportunities, utilizing a variety of services, including, but not limited to, online and mobile applications, downloadable software, and all available on various mediums or devices now known or hereafter developed (collectively, the “Services”).
The Services and the Site are provided to you the Subscriber (also referred to as “‘your” “User” or “Subscriber”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service”) as well as any other written agreement between us and Subscriber. In addition, when using particular Services or materials, Subscribers shall be subject to any posted guidelines or rules applicable to such Services or materials that may contain terms and conditions in addition to those contained in this Terms of Service. All such guidelines or rules are hereby incorporated by reference into this Terms of Service. Please note that if you are a Subscriber (as defined below) to one or more of the Services, you may additionally be required to execute a separate written contract, which incorporates this Terms of Service by reference. We reserve the right to amend these terms of service at any time without specific notice to you. The most recent terms of service will be posted on the Site, and you should always review the terms of service prior to using the Site or Services. Please be advised that your continued use of any part of the Site or Services shall constitute your acceptance of such changes.
YOU MUST BE EIGHTEEN (18) YEARS OF AGE OR OLDER TO VISIT OR USE THIS SITE OR ANY DENTAL EXCHANGE SERVICE. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) OR THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU MUST BE UNDER THE DIRECT SUPERVISION OF A PARENT, LEGAL GUARDIAN OR OTHER RESPONSIBLE ADULT WHEN VISITING OR USING THIS SITE OR ANY DENTAL EXCHANGE SERVICE. BY CLICKING THE "I AGREE" OR “I ACCEPT” BUTTON, OR BY ACCESSING, VISITING, BROWSING, USING, SIGNING IN OR ATTEMPTING TO INTERACT WITH ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TERMS OF SERVICE, AND YOUR AGREEMENT IS VOLUNTARY WITHOUT ANY DURESS OR UNDUE INFLUENCE. IF YOU DO NOT AGREE TO BE BOUND BY THIS TERMS OF SERVICE, DO NOT ACCESS OR USE ANY PART OF THE SITE OR SERVICES.
Subject to this Terms of Service, Dental Exchange grants you a limited, non-exclusive, non-transferable license to access the Site and the Services. We may modify, replace, refuse access to, suspend or discontinue the Site or the Services, partially or entirely, at any time and for any reason. Access to the Site and the Services is licensed, not sold, and this Terms of Service grants no right, title or interest in any intellectual property owned or licensed by Dental Exchange in the Site or the Services.
If applicable, you may install and personally use any software associated with the Services (“Software”) only in object form on a personal or business device controlled by you for your own non-commercial use or benefit. You must not, and must not allow any third party, to modify, adapt, translate, alter, reverse engineer, copy, decompile, reverse assemble, disassemble, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from the Software or any portion thereof, or otherwise attempt to discover any source code or in any way ascertain, decipher, or obtain the communications protocol for accessing the Software.
Some Services may be accessible only by Subscribers that have paid a service fee or signed a separate agreement with Dental Exchange, wherein this Terms of Service, and any future changes thereto, shall be incorporated by reference (“Subscribers”). Subscribers fall into one or more of the categories below:
(a) Individuals or entities which have licensed one or more of the Services.
(b) Authorized agents of State dental boards and related governing agencies which have licensed one or more of the Services ("Network Boards").
SERVICE ACCESS & PASSWORDS
When you sign up to become a Subscriber, you may be asked to asked, if applicable, to install certain of the Services using various networks. You are entirely responsible for maintaining the confidentiality of any account or password associated with such networks.
The Site or the Services may relay content that represents the opinions and judgments of an information provider, Subscriber, or other person or entity not associated with Dental Exchange. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized agent of Dental Exchange who is speaking in his/her official capacity on behalf of Dental Exchange.
This Site may also provide access to document tools, such as sample or form agreements, resumes or other documents (“Forms“). These Forms are provided solely as examples of typical documents of their kind, and the delivery and use of Forms does not constitute legal, accounting, human resources, careers, or other professional advice. Under no circumstances will Dental Exchange be liable for any loss or damages caused by your reliance on information or advice obtained through the Site or the Services, including your use of any of the Forms. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, Forms or other Content available on or through the Site or the Services.
Subscribers are solely responsible for any and all content and communications that they post or transmit to the Site or through use of the Services, or to any Subscriber of the Sites or Services, as well for the consequences of such postings and transmissions. You acknowledge that your reliance on any material or communication posted or transmitted by another Subscriber will be at your own risk. We assume no responsibility for any Subscriber-submitted content or communications and no responsibility for the activities, omissions or other conduct of Subscribers. We merely act as a medium for the online distribution and publication of Subscriber-submitted information; we have no obligation to screen communications or information in advance; and we are not responsible for screening or monitoring any Subscriber-submitted content or communications.
The Site or Services may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, or other message or communication facilities (collectively, "Communications Services"). You agree to use the Communication Services only to post, send and receive messages and Content (as defined below) that are proper and related to the particular Communication Service. When using a Communication Service, you also agree that you will not post, send, submit, publish, or transmit in connection with the Site or Services any material that:
(1) You do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by Intellectual Property Rights (or by rights of privacy or publicity);
(2) Advocates or incited illegal activity, or discusses an intent to commit an illegal act;
(3) Is vulgar, obscene, pornographic, or indecent (as determined by Dental Exchange, not necessarily by any legal or community standards);
(4) Does not pertain directly to the Site or Services;
(5) Is threatening or abusive, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
(6) Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(7) Harvests or otherwise collects information about others, including e-mail addresses, without their consent;
(8) Violates any law or may be considered to violate any law, whether federal, state, local, civil, criminal or administrative;
(9) Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(10) Falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded;
(11) Advertises any commercial endeavor (e.g. offers or solicitations for the sale of any products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site or via a separate executed contract with Dental Exchange;
(12) Solicits funds, advertisers or sponsors;
(13) Includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
(14) Disrupts the normal flow of dialogue, causes a screen to scroll faster than other Subscribers are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site or Services;
(15) Amounts to a "pyramid" or other similar scheme, including contests, chain letters, and surveys;
(16) Disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of the Site or any networks connected to the Site; or
(17) Contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
Dental Exchange expressly reserves the right, but not the obligation, to monitor use of the Site and Services to determine compliance with this Terms of Service, as well as the right to remove or refuse any information at any time and for any reason. Dental Exchange reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Dental Exchange also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.
Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Dental Exchange nor any third party that provides Content to Dental Exchange, will assume or have any liability for any action or inaction by Dental Exchange or such third party with respect to any submission. Dental Exchange cautions you against giving out any personally identifying information about yourself in any Communication Service. Dental Exchange does not control or endorse the content, messages or information found in any Communication Service and, consequently, Dental Exchange specifically disclaims any liability with respect to the Communication Service and any actions resulting from your participation in any Communication Service.
You hereby grant to Dental Exchange a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Dental Exchange through the Site or Services (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Dental Exchange will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Dental Exchange operations.
You may not access or use the Site or the Services for any other purpose other than that for which Dental Exchange makes it available, including, but not limited to, individuals seeking employment and career information; employers seeking employees; product reviews and techniques; continuing educational tools; etc. Certain activities, even if legal, may violate the common rules of etiquette and decency as determined by Dental Exchange in its sole discretion. Prohibited activities include, but are not limited to:
(1) Criminal or tortious activity, including but not limited to child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
(2) Advertising to, or solicitation of, any Subscriber to buy or sell any products or services;
(3) Posting or transmitting any unsolicited advertising, promotional materials, junk mail, "spam," chain letters, unsolicited bulk email, contests, promotions or any other form of solicitation. If you breach the terms of this subsection and send or post unsolicited bulk email, "spam" or other unsolicited communications of any kind through the Site or while using the Services, you acknowledge that you will have caused substantial harm to Dental Exchange, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Dental Exchange $100.00 for each such unsolicited communication.
(4) Using any information obtained from the website in order to contact, advertise to, solicit, or sell to any Subscriber without their prior explicit consent;
(5) Engaging in any automated use of the system, such as using scripts to add friends or send comments or messages;
(6) Interfering with, disrupting, or creating an undue burden on the website or the networks or services connected to the Site and the Services;
(7) Attempting to impersonate another Subscriber or person;
(8) Using the Subscriber name of another Subscriber;
(9) Selling or otherwise transferring your profile;
(10) Using any information obtained from the website in order to harass, abuse, or harm another person;
(11) Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the website on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
(12) Using the website in a manner inconsistent with any and all applicable laws and regulations; and
(13) Data scraping and data mining activities. If you data scrape or data mine the Site, you agree to pay US$50,000.00 for each incident.
THIRD PARTY CONTENT AND LINKS
The Site and Services provide content and material from third parties, and links to, and references, third party web sites, content and material not controlled by us (collectively, "Third Party Content"). You acknowledge and agree that we neither endorse nor are responsible or liable for the availability, accuracy, currency or reliability of any Third Party Content. Any concerns regarding such Third Party Content should be directed to the third party. Under no circumstances will we be liable for any loss or damage caused by any use or reliance on Third Party Content or any purchase or use of goods or services from any third party referenced on the Site or through use of the Services. Nothing on the Site or available through use of the Services shall be deemed to be a recommendation of any third party, Third Party Content or third party products or services, or to constitute any representation or warranty as to a third party's qualifications, services, products, offerings, information or any other content. The Third Party Content that is provided through the database search products may be used for the period for which you have purchased a subscription. You may make one copy for personal use and use such information for your internal use only relating to internships, career opportunities, career services, career information and employment. Upon expiration or termination of your subscription, you shall destroy all originals and copies of such information unless you are otherwise instructed by us or the Third Party and upon request, provide us or the third party with certification that you have done so.
For any Dental Exchange Service you subscribe to, or pay for, on any of the Sites, you agree to pay the price applicable for the particular Dental Exchange Service (including any sales taxes, surcharges and any other fees) indicated as of the time you submitted the order. Unless you and Dental Exchange have agreed to an alternate billing arrangement in writing signed by Dental Exchange, Dental Exchange will automatically bill your credit card submitted as part of the order process for such price. All sales are final. Unless stated otherwise, when you sign up online for one of our subscription services, your monthly or annual subscription will automatically renew upon its expiration unless you cancel your account or change the renewal settings prior to its expiration.
Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You will pay for all collection costs, attorneys’ fees, and court costs incurred in the collection of past due amounts. Each customer shall be solely responsible for all sales taxes, or other taxes, customs, import/export charges, or similar governmental charges (except for taxes on our net income), on orders placed outside the United States.
You are prohibited from using any Dental Exchange Service or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Dental Exchange reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. Dental Exchange reserves the right to investigate suspected violations of this Terms of Service. Dental Exchange reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction Dental Exchange to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate this Terms of Service. BY ACCEPTING THIS TERMS OF SERVICE YOU WAIVE AND HOLD HARMLESS DENTAL EXCHANGE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DENTAL EXCHANGE DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER DENTAL EXCHANGE OR LAW ENFORCEMENT AUTHORITIES. Subscribers may not violate or attempt to violate the security, efficiency, reliability, or integrity of the Site, the Services, or the Content (as defined below) in any way, including, without limitation: (a) Accessing Content, data, features or functionality on the Site or through use of the Services for which your password is not authorized or accessing or logging into a server or account that you are not authorized to access; (b) Deleting or revising any Content (including, but not limited to, legal notices) posted by us, or any other person or entity not related to you; (c) Aggregating, copying or duplicating in any manner or framing of or linking to any of the Content; and (d) Using the Content on any other web site or in a networked computer environment for any purpose.
The Site and Services, along with the material and content accessible from the Site and Services (collectively, the “Content”), contain proprietary and confidential information that is protected by Intellectual Property Rights, contract and other laws. “Intellectual Property Rights” means all worldwide statutory and common law rights in, arising out of, or associated with: (i) patents and patent applications including, without limitation, divisions, continuations, continuations-in-part, extensions, and reissues of the foregoing; (ii) works of authorship including copyrights, copyright applications, copyright registrations, and moral rights; (iii) trade secrets, know-how, inventions, discoveries, designs, processes and other proprietary information, all developments of any of the foregoing and in each case whether protected or protectable; and (iv) trademarks, service marks, logos, and trade dress rights, including, without limitation, applications for, registrations of, and goodwill in the foregoing. All Content is the property of Dental Exchange, or its content providers, service providers, suppliers, or licensors (collectively, “Licensors”). Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted by you in any way without the prior written consent of Dental Exchange, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any intellectual property, or any other proprietary notice or legend appearing in, or on, any of the Content. Modification or use of the Content except as expressly provided in this Terms of Service violates Dental Exchange’s and its Licensor’s Intellectual Property Rights. Neither title, ownership or Intellectual Property Rights to the Site and Dental Exchange Service are transferred to you by access to the Site and use of the Services. The compilation (meaning the collection, arrangement and assembly) of the Content is the exclusive property of Dental Exchange.
Misappropriation or unauthorized use by others of the Content for commercial gain would unfairly and/or irreparably harm Dental Exchange, its affiliates and its Licensors or reduce Dental Exchange’s, its affiliates’ and its Licensors’ incentive to create, develop and maintain such information. You will not commit or knowingly assist any act or omission that would contest or impair any of Dental Exchange, its affiliate or is Licensors’ Intellectual Property Rights in the Content or that would cause the Content to infringe the Intellectual Property Rights of a third party. You agree to notify Dental Exchange and its suppliers immediately upon obtaining any information regarding a threatened or actual infringement of their rights. You also agree that you will not use any Content in listings or advertisings in any manner without the prior written approval of such party.
You must retain all copyright, trademark, service mark and other proprietary notices contained in the Content on any copy you make of such material.
We reserve the right, in our sole discretion, to deny access to the Site or Services by any Subscriber or to modify, suspend or terminate any Subscriber's access to or use of the Site or Services at any time, for any reason or for no reason, without notice. We may also, in our sole discretion and at any time, discontinue providing any of the Site or Services, or any part thereof, with or without notice.
You agree that any termination of your access to any of the Site or Services under any provision of this Terms of Service may be effected without prior notice, and you agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site or the Services. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or Services. All fees and other amounts paid to us by any Subscriber for access to or use of the Site or Services, are non-refundable, except as otherwise expressly provided herein or in any other written agreement between Dental Exchange and such Subscriber.
We reserve the right to expel Subscribers and prevent their further access to the Site or Services for violating this Terms of Service, suspected fraudulent activity or the law, and we may take any action with respect to Subscriber-submitted information and violations of system or network security that we deem necessary or appropriate in our sole discretion, including, but not limited to, suspension, termination of the account or pursuing any legal remedies, including civil and criminal penalties. We may involve, and cooperate with, law enforcement authorities in prosecuting Subscribers who are involved in such violations.
Upon termination, you must (a) cease any access to the Site or use of the Dental Exchange Service or its components, and any third-party data; (b) if applicable, remove the Software from all hard drives, networks and/or other storage media; and (c) if applicable, destroy all copies of the Software in your possession or under your control. All rights in any third-party data, any third-party software, and/or any third-party data servers are reserved and remain with the respective third parties. These third parties may enforce their rights against you directly.
DISCLAIMER OF WARRANTIES
All Subscribers expressly understand and agree that:
(1) YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE, SERVICES AND ALL CONTENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DENTAL EXCHANGE AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT EVERY BUSINESS DECISION INVOLVES THE ASSUMPTION OF A RISK AND THAT DENTAL EXCHANGE AND ITS LICENSORS, IN FURNISHING THE CONTENT TO YOU, DO NOT UNDERWRITE THAT RISK IN ANY MANNER WHATSOEVER.
(2) DENTAL EXCHANGE AND ITS LICENSORS MAKE NO WARRANTY THAT: (I) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED, (IV) THAT THE SITE OR SERVICES (OR ANY SERVER THROUGH WHICH YOU ACCESS THE SITE OR SERVICES) OR SERVICES IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL CODE OR COMPONENTS THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, (V) ANY CONTENT OR COMMUNICATION WILL BE VIEWED BY ANY MINIMUM OR SPECIFIC NUMBER OF SUBSCRIBERS OR BY ANY PARTICULAR SUBSCRIBER; OR (VI)THE SITE, SERVICES OR CONTENT, IS CORRECT, ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
(3) ANY SOFTWARE OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH SOFTWARE OR MATERIAL.
(4) CERTAIN SERVICES ACT AS A PLATFORM FOR EMPLOYERS TO POST JOB AND INTERNSHIP LISTINGS, AND FOR CANDIDATES TO POST RESUMES AND REGISTRATION DATA. DENTAL EXCHANGE IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN EMPLOYERS AND CANDIDATES, AND IS NOT TO BE CONSIDERED AN EMPLOYER WITH RESPECT TO YOUR USE OF THE SITE OR SERVICES, AND SHALL NOT BE RESPONSIBLE FOR ANY EMPLOYMENT OR INTERNSHIP DECISIONS, FOR WHATEVER REASON, MADE BY ANY ENTITY POSTING JOBS ON ANY SITE OR THROUGH USE OF THE SERVICES. DENTAL EXCHANGE MAKES NO WARRANTY THAT USE OF THE SITE OR SERVICES WILL LEAD TO EMPLOYMENT OR AN INTERNSHIP. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ANY EMPLOYMENT OR INTERNSHIP REQUIREMENTS OF FOREIGN JURISDICTIONS (I.E. OUTSIDE THE UNITED STATES).
(5) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DENTAL EXCHANGE OR THROUGH USE OF THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF SERVICE. THE CONTENT HAS BEEN PREPARED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IN NO WAY CONSTITUTES LEGAL, FINANCIAL OR ANY OTHER TYPE OF PROFESSIONAL ADVICE. YOU SHOULD NOT ACT UPON ANY INFORMATION CONTAINED ON THE SITE OR PROVIDED THROUGH USE OF THE SERVICES WITHOUT CONSULTING YOUR OWN LEGAL, FINANCIAL OR OTHER PROFESSIONAL ADVISOR.
LIMITATION OF LIABILITY
(1) IN NO EVENT SHALL DENTAL EXCHANGE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND - INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA - ARISING OUT OF OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, REGARDLESS OF WHETHER DENTAL EXCHANGE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF.
(2) DENTAL EXCHANGE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY CAUSED IN WHOLE OR PART BY THEIR NEGLIGENT ACTS OR OMISSIONS IN PROCURING, INTERPRETING, REPORTING, COMMUNICATING OR DELIVERING THE INFORMATION NOR ANY CLAIMS ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES CONTAINED IN THE CONTENT.
(3) DENTAL EXCHANGE’S, AND ITS SUBSIDIARIES’, AFFILIATES’, LICENSORS’, EMPLOYEES’, AGENTS’, OFFICERS’, AND DIRECTORS’, MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR SERVICES, YOUR USE OF THE SITE AND SERVICES, REGARDLESS OF THE CAUSE OF ACTION, INCLUDING NEGLIGENCE (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT OF ALL FEES PAID TO DENTAL EXCHANGE BY YOU DURING THE THREE (3) MONTH PERIOD PRECEDING THE IMPOSITION OF LIABILITY; OR (II) $100.00. YOU COVENANT AND PROMISE THAT YOU WILL NOT SUE DENTAL EXCHANGE AND ITS SUPPLIERS FOR GREATER THAN THAT AMOUNT. YOU ALSO AGREE TO GIVE DENTAL EXCHANGE AND ITS SUPPLIERS IMMEDIATE WRITTEN NOTICE OF ALL ACTIONS, CLAIMS, LOSSES AND DAMAGES ARISING OUT OF THE USE OF THE CONTENT.
(4) 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 ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION & RELEASE
You agree to defend, indemnify and hold harmless Dental Exchange, its subsidiaries, affiliates, Licensors, employees, agents, officers, and directors from and against any and all damages, liabilities, claims, demands, costs and expenses, including but not limited to, reasonable attorneys' fees, resulting from (i) your use or misuse of the Site or Services, (ii) the use of the information by individuals or entities which have not been authorized to have access to the information (iii) violation of this Terms of Service (as amended and in effect from time to time), (iv) conduct, communication or interaction with any other Subscriber of the Site or Services or any of your other activities on the Site or use of the Services, or (v) violation of the rights of any other Subscriber of the Site or Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
If you have a dispute with one or more Subscribers, you release us (and our officers, directors, agents, affiliates, subsidiaries, Licensors, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
COPYRIGHTS AND COPYRIGHT AGENT
All contents of the Site are copyrighted © 2014 The Dental Exchange, Inc. All rights reserved.
If you believe any Content on the Site infringes your copyright, you agree to abide by the notice and take down procedures of the Digital Millennium Copyright Act by contacting our copyright agent and providing the following information:
(a) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(b) A description of where the material that you claim is infringing is located on the Site;
(c) Your address, telephone number, and email address;
(d) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(e) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf; and
(f) A physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
Our legal counsel is our agent for copyright issues, and his contact information is as follows:
Jason Todd Hardin, Esq.
Hardin Law PLLC
P. O. Box 9537
Louisville, KY 40209
Phone: (502) 445-2673
All inquiries not relevant to the aforementioned Notice and Procedure will receive no response.
Although the Site or the Services may be accessible worldwide, we make no representation that materials on the Site or available through use of the Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site or Services from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, or information made in connection with the Site or Services is void where prohibited.
This Terms of Service is governed and interpreted pursuant to the laws of the Commonwealth of Kentucky, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Kentucky in connection with any dispute between you and Dental Exchange arising out of this Terms of Service or pertaining to the subject matter hereof. The parties to this Terms of Service each agree that the exclusive jurisdiction and venue for any dispute between the parties arising out of this Terms of Service shall be in the state and federal courts in Louisville, Jefferson County, Kentucky.
(1) The Terms of Service and the Privacy & Security Policy constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the Subscriber and Dental Exchange with respect to the Site or Services.
(2) A printed version of this Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
(3) Notwithstanding the foregoing, any additional terms and conditions on the Site will govern the items to which they pertain.
(4) No waiver of any provision of the Terms of Service by Dental Exchange shall be effective unless in writing signed by an authorized representative of Dental Exchange. The waiver by Dental Exchange of a breach or violation of any provision of this Terms of Service shall not constitute a waiver by Dental Exchange of any succeeding breach of the same or other provision; nor shall any delay or omission on the part of Dental Exchange to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any such right, power or privilege by Internships. Any provisions of this Terms of Service that may be invalid shall not affect the validity of enforcement of the remaining valid terms of the Terms of Service.
(5) Third parties (including affiliates, business partners and Licensors) are intended third-party beneficiaries of the sections titled "Proprietary Information" and "Limitation of Liability".
(6) In any action to enforce this Terms of Service, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against us must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
(7) You may not assign your rights and obligations under this Terms of Service to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under this Terms of Service.
(8) You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Site or Services.
(9) In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Services available through the Site or otherwise, and arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.